The Court disposed of a petition concerning willful disobedience regarding the non-handover of a relocation site. After MCD offered a new valid site, the Court allotted said site to the petitioners within six weeks.
Allotment of site at 13A Block, WEA, Karol Bagh within six weeks; liberty to revive.
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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GYANESH BHARTI AND ANR. ..... Respondents Through: Mr. Mukesh Gupta, Adv. with Mr. Mayank Ahuja, Adv. for MCD. M: 9810144127 Email: [email protected] Mr. Avinash Kumar, AO, MCD, Karol Bagh Zone
CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R % 27.05.2024
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 05/06/2024 at 14:41:36
5. That it is submitted that the site for relocation at Wall of HIL Colony opposite Moti Nagar Police Station, New Moti Nagar (Karampura) had been proposed in the present matter inadvertently due to confusion as some Tehbazaries already exists at Road No. 34, Moti Nagar (adjacent road of HIL Colony). However, now it has been verified that site Wall of HIL Colony opposite Moti Nagar Police Station, New Moti Nagar (Karampura) it not in the list of Squatting/Hawking Zone.
6. That in order to resolve the issue three new sites have been identified by the answering respondent for relocation of petitioners which are as under:-
(i) Near Govt. Quarter Dev Nagar besides existing tehbazaries. (Open Space).
(ii) 13A Block, WEA, Karol Bagh, New Delhi (Open Space).
(iii) Padam Singh Road, WEA, Karol Bagh (Open Space).
xxx xxx xxx”
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 05/06/2024 at 14:41:36
Karol Bagh, New Delhi (Open Space).
MINI PUSHKARNA, J
MAY 27, 2024/kr
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 05/06/2024 at 14:41:36
2 issues framed by the court
Whether the petitioner can be allotted a new site after the previously offered site was found ineligible.
Whether time should be granted to the respondents to allot the identified replacement site.
HARI SINGH AND ORS.
GYANESH BHARTI AND ANR.
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
