Contempt petition concerning unauthorised construction and encroachment on public land was dismissed without prejudice, as the alleged offenders were already proceeding before the Appellate Tribunal MCD under a restraint order protecting them from MCD action.
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S K AHUJA .....Petitioner
Through: Mr.Puneet, Advocate. versus PUNEET KUMAR GOEL & ORS .....Respondents Through: Mr.Sanjeev Sabharwal, SC with Ms.Shweta Singh, Advocate for MCD. Mr.Vaibhav Agnihotri, ASC for DDA with Mr.Abhishek Das, Advocate.
CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 09.08.2024 1. Having heard the learned counsel for the petitioner as well as, learned counsel for respondent No.1/MCD, it is brought out that respondent Nos. 2 and 3, who are alleged to have carried out the unauthorised construction as well as, encroachment on the public land, have moved to the learned Appellate Tribunal MCD, and a restraint order has already been passed vide order dated 23.08.2023, in their favour and against the MCD from taking any action. Respondent No.1 has already filed a Status Report in the present matter.
DHARMESH SHARMA, J.
AUGUST 9, 2024/ VLD
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1 issue framed by the court
Whether the contempt petition should continue given respondents 2 and 3 are proceeding before the Appellate Tribunal MCD under a restraint order.
S K Ahuja
Puneet Kumar Goel
Dharmesh Sharma
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
