Contempt petition arising from a writ petition seeking demolition action against unauthorised construction at a Chhatarpur property. As the Appellate Tribunal MCD had set aside the MCD's demolition and sealing orders and remanded the matter back, no orders could be passed in contempt; application allowed and petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ANAND TYAGI ..... Petitioner
Through: Mr. Raman Kapur, Senior Advocate with Mr. Varun Kapur, Advocates. (M): 9915032035
versus
DR ANGEL BHATI CHAUHAN & ORS. ..... Respondents Through: Ms. Beenashaw N. Soni, SC, MCD with Ms. Ann Joseph, Advocate for respondent/MCD. (M): 9205230113 Email: [email protected]. Mr. Kunal Mittal with Mr. Arjit Sharma, Advocates for respondent no. 3. Mr. Abhinav Singh with Ms. Swega Aggarwal and Ms. Vaishali Verma, Advocates for respondent no. 5/Police. Email: [email protected]
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 01.04.2024
CM APPL. 19182/2024
CONT.CAS(C) 1552/2023 Page 1 of 6
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
New Delhi.
“1. By way of present petition filed under Article 226 of the Constitution of India, the petitioner has sought initiation of action against unauthorized constructions stated to be carried out by respondent Nos. 3 and 4 at property bearing Khasra No. 285/2, Revenue Estate, Village Chattarpur, New Delhi.
2. A copy of the Status Report has been handed over which is taken on record and which reads as under :-
“4. That on inspection and referring to the record, the status of the property as noticed is detailed herein below:-
i) As per record, the subject property has been identified as Property bearing No. D-57, (Part Rl-IS), 100 Foota Road, Chhattarpur Enclave, New Delhi, which is already stands booked vide file No. 614/UC/B-II/SZ/2022 dated 21/10/2022 in the shape of raising of column of Basement and Further booked Vide U/c File No. 687/UC/B-II/SZ/2022 dated 12/12/2022 in the shape of Basement, Ground and First floor in continuation of previous Booking No. 614/UC/B-II/SZ/2022 dated 21110/2022, for taking the necessary demolition action under Section 343/344 of DMC Act. Upon following the due process of law in this regard, the necessary demolition orders/notices also stands passed/issued by the Competent Authority Le. AE (Bldg)-II of South Zone I MCD vide dated 04/1112022 and 20/12/2022 respectively. The copy of the demolition orders/notices are annexed herewith as Annexure-A (Colly).
ii) Furthermore letters dated 10/1112022 and 05/0112023 u/s 344 (2) of the DMC Act, have also been sent to SHO, PS. Mehrauli, New Delhi with the request that the unauthorized construction be stopped and workmen present at site/property in question be
CONT.CAS(C) 1552/2023 Page 2 of 6
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
removed and construction material including the tools, machinery, etc. be seized. Copy of the letters as sent in this regard are annexed as Annexure-B (Colly).
iii) Besides this letters dated 10111/2022 and 0510112023 for disconnection of electricity and water supply from the aforesaid property have also been sent to the conceded authorities. Copy of the said letters are also annexed herewith as Annexure-C (Colly).
iv) Moreover, letters dated 1011112022 and 0510112023 have also been sent to the Sub Registrar with the request not to register this property under Indian Registration Act, 1908. Copy of the said letters are also annexed as Annexure-D (Colly).
v) Apart from this, Prosecution action u/s 466-A of DMC Act, 1957 has also been initiated against the owner/builder and a complaint bearing No. Dl312l!DCIEE(B)-111SZI2022 dated 2311112022 has been sent to SHO concerned PS Mehrauli, New Delhi. Copy of the said complaint is also annexed herewith as Annexure-E.
vi) Further it is also relevant to point out that in respect of the property in question, the necessary sealing proceedings u/s 345-A of DMC Act, has been initiated and after following due process of law, the necessary sealing orders have also been passed by the Competent Authority i.e. the Deputy Commissioner, South ZoneiMCD vide dated 1211212022 and 2410212023. Copy of sealing orders are also annexed herewith as Annexure -F (Colly).
5. That it is also pointed out here that pursuant to aforesaid demolition I sealing orders already passed in respect of the subject property, the Building Department-II of South Zone IMCD has taken/carried out the necessary demolition/sealing action as per details given herein below:-
| Sl. | Date of Action | Action Taken |
|---|---|---|
| No. | ||
| 1. | 13.12.2022 | Action could not be taken due to shortage of time, as the action was taken on another _property. _ |
| 2. | 26.12.2022 | Upon availability of police force 03 RCC roof |
CONT.CAS(C) 1552/2023 Page 3 of 6
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
| panels | ||
|---|---|---|
| of Basement have been cut down. Simultaneously, entire property has been sealed at 04 points at |
||
| Basement and 01 point at Groundfloor. |
||
| 3. | 13.03.2023 | Upon availability of police |
| force, after de- sealing the |
||
| property 02 RCC panels |
||
| have been at |
||
| Basement with the help of gas cutter. |
||
| Simultaneously, the property have been re-sealed. |
The photographs taken during the aforesaid demolition and sealing action are also annexed herewith as Annexure-G (Colly).
6. That simultaneously, after taking the aforementioned sealing and demolition action, letters dated 2611212022 and 1310312023 have been sent to concerned SHO PS Mehrauli, with the request to direct the patrolling staff to keep strict watch and ward over the subject property so that the demolished portion may not be restored/repaired and the seals affixed by the department may not be tampered with. Copy of letters as sent in this regard are also annexed herewith as Annexure-H (Colly).
7. That it is also pertinent to point out here that during the course of inspection by the area field staff on 0310312023 it has been found that keeping the seal intact as affixed on earlier action, the owner/builder has entered on the premises by the committing of the act of tress passing and resumed the construction activity/finishing work. On noticing the same , the necessary proceedings for lodging of an FIR u/s 448/188 of IPC read with section 461 of DMC Act, 1957 has been initiated. Simultaneously, upon noticing the further unauthorized constriction in the shape of part second floor, the
CONT.CAS(C) 1552/2023 Page 4 of 6
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
same has also been booked vide U/c file No. I 66/UC/B-11/SZ/2023 dated 03103/2023 for taking the necessary demolition action u/s 3431344 of DMC Act, 1957. The requisite Show Cause Notice in this regard has been issued. Further necessary action in this proceedings will be taken in due course of time by following due process of law. The copy of the Show Cause Notice as sent is annexed herewith as Annexure-I.
8. That the department has now fixed the further action pursuant to the aforementioned demolition/sealing orders already stand passed, in respect of the subject property for 2810312023, which will be taken/carried out, upon availability of police force.
xxx xxx xxx”
CONT.CAS(C) 1552/2023 Page 5 of 6
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
Judicial Authority of the MCD is on 02nd April, 2024 and 08th April, 2024.
CONT.CAS(C) 1552/2023
MINI PUSHKARNA, J
APRIL 1, 2024 c
CONT.CAS(C) 1552/2023 Page 6 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2024 at 12:57:35
1 issue framed by the court
Can the contempt proceedings proceed when the ATMCD has set aside the MCD demolition and sealing orders and remanded the matter to the Quasi-Judicial Authority?
Anand Tyagi
Dr Angel Bhati Chauhan
Municipal Corporation of Delhi
Mini Pushkarna
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
