Dismissed

Sh v. K Agarwal & Anr. v Vandana Rao Deputy Commissioner & Anr.

Delhi HC11 Jan 2024CONT.CAS(C)/48/2024

Case brief

AI extract

What is this about?

In a contempt petition regarding alleged disobedience of an order on lift installation, the court directed the respondent to supply a revised sanction plan. The petitioner was granted liberty to challenge the plan and withdraw the contempt petition, which was then dismissed.

What did the court decide?

Petitioner was directed to supply a copy of the revised sanction plan within two working days.

Sh v K Agarwal & Anr. Vs Vandana Rao Deputy Commissioner… — Contempt of Court | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 48/2024 & CM APPL. 1966/2024

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SH V K AGARWAL & ANR. ..... Petitioners

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Through: Mr. Manoj Khanna, Advocate. Mob. 9810154813

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versus

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VANDANA RAO DEPUTY COMMISSIONER & ANR.

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..... Respondents Through: Mr. Ashutosh Gupta, ASC for MCD.

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R % 11.01.2024

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The present contempt petition has been filed raising the plea of disobedience of the order dated 15^th September, 2023 passed in W.P.(C) 12175/2023 by the respondents.

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It is the case of the petitioners that they had challenged the installation of the lift by the owners/occupiers of Flat No. 250 to 255 in SFS flats in Ashok Vihar, Phase-IV, Delhi-110052. Learned counsel for the petitioners draws the attention of this Court to the order dated 15th September, 2023 passed in the writ petition filed by the petitioners, wherein a statement was made on behalf of the respondent-Municipal Corporation of Delhi (“MCD”) that a work stop notice dated 11^th September, 2023 had already been issued with respect to the work of installation of the lift in question.

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On the basis of the said statement the writ petition filed on behalf of

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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 16/05/2024 at 12:15:28

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the petitioners was disposed of vide order dated 15^th September, 2023.

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It is the case of the petitioners that the respondents have now resumed nd the construction for the installation of the lift on 2 January, 2024. 5. Further, it is submitted by learned counsel for the petitioners that the respondents have also obtained a revised sanction plan for installation of the lift from the respondent. Thus, the present contempt petition has been filed.

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Mr. Ashutosh Gupta, learned additional standing counsel appearing for the MCD on advance notice submits that subsequent to the disposal of the writ petition, an application dated 17^th November, 2023 was received from the respondents. Upon taking opinion from the Building (Headquarter) Department of the MCD, a revised sanction plan was issued in favour of the respondents for installation of the lift at DDA SFS Flats No. 250-255, Phase-IV, Ashok Vihar, Delhi-110052 vide sanction letter dated 01^st December, 2023. Thus, he submits that the current construction towards installation of the lift is as per the revised sanction plan.

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At this stage, learned counsel appearing for the petitioners submits that liberty may be granted to him to challenge the revised sanction plan dated 01st December, 2023 issued to the respondents. He further submits that he may be provided a copy of the sanction plan of the lift so that he can seek his appropriate remedies.

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The respondent-MCD is directed to supply copy of the sanction plan to the learned counsel appearing for the petitioners within a period of two working days.

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In view of the aforesaid, learned counsel appearing for the petitioners submits that he may be permitted to withdraw the present contempt petition in order to seek appropriate legal remedies to challenge the sanction letter

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This is a digitally signed order.

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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 16/05/2024 at 12:15:28

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dated 1^st December, 2023 issued by the respondent –MCD.

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In view thereof, the present contempt petition is dismissed as withdrawn along with the pending application.

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MINI PUSHKARNA, J

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JANUARY 11, 2024 ak

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This is a digitally signed order.

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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 16/05/2024 at 12:15:28

Sh v. K Agarwal & Anr. v Vandana Rao Deputy Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

Sh v. K Agarwal & Anr. v Vandana Rao Deputy Commissioner & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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