MCD alleged contempt of interim orders directing a parking-site licensee to pay reduced monthly license fee and replenish encashed bank guarantees. The court found the contemnor took benefit of the orders without complying, held him guilty of civil contempt, and listed sentencing.
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$~10 and 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 22.04.2024
+ CONT.CAS(C) 790/2020
(10) SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner Through: Mr. Sanjay Poddar, Sr. Adv. alongwith Mr. Attin Shankar, Mr. Govind Kumar, Mr. Aman Kapoor and Mr. Saksham Kaushik, Advs. for MCD.
versus DHANANJAY KUMAR JHA ..... Respondent Through: Mr. S. Wasim A. Qadri, Sr. Adv.along with Mr. M. M. Israily, Mr. S.I. Israily and Mr.Gaurav Raj Sharma, Advs.
+ CONT.CAS(C) 726/2022 & CM APPL.14418/2024
(12) SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner Through: Mr. Sanjay Poddar, Sr. Adv. alongwith Mr. Attin Shankar, Mr. Govind Kumar, Mr. Aman Kapoor and Mr. Saksham Kaushik, Advs. for MCD.
versus
DHANANJAY KUMAR JHA ..... Respondent Through: Mr. S. Wasim A. Qadri, Sr. Adv.along with Mr. M. M. Israily, Mr. S.I. Israily and Mr.Gaurav Raj Sharma, Advs.
CORAM: HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (ORAL)
CONT.CAS(C) 790/2020 & ANR. Page 1 of 12
Signature Not Verified
Digitally Signed By:KAMLA RAWAT Signing Da te:2 6.04.2024 15:29:54
“ORDER
06.11.2020
The hearing was conducted through video conferencing.
CM APPL. 28136/2020 (fresh by petitioner for seeking leave to amend the writ petition)
1. Issue notice.
2. The learned Standing Counsel named above accepts notice on behalf of the South Delhi Municipal Corporation ('SDMC’).
3. Reply and Rejoinder, if any, be filed within 4 weeks each, successively.
4. List on 23.03.2021.
CM APPL. 28238/2020 (fresh bv petitioner for stav)
5. Issue notice.
6. The learned Standing Counsel named above accepts notice on behalf of SDMC.
7. Reply and Rejoinder, if any, be filed within 4 weeks each, successively. 8. Till the next date of hearing, there shall be a stay on the operation of the impugned order dated 29.10.2020.
9. The petitioner will be allowed to continue to operate the parking site i.e. parking site at cluster: Jasola District Park, District Centre Jasola in front of plot nos. 3, 7, 8 and 9 and Living Style Mall, Jasola, Delhi, as he was doing earlier, subject to the provisional payment of Rs.10 lacs per month effective from July 2020, and from November 2020 onwards, the petitioner shall pay Rs.11 lacs per month, subject to final adjustments, as maybe and/or outcome of the petition.
10. Without prejudice to his rights and contentions, the petitioner will pay Rs.28 lacs which are stated to be arrears @ Rs.8 lacs per month, additionally the petitioner will pay enhanced amount of Rs.2 lacs per month for July, August, September and October 2020 = Rs.8 lacs and Rs. 11 lacs for this month i.e. November 2020 and onwards. In effect, the
CONT.CAS(C) 790/2020 & ANR. Page 2 of 12
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petitioner will pay Rs.47 lacs to the Corporation by 20.11.2020. If he so desires, he may pay it in 2 equal tranches on 13.11.2020 and 20.11.2020. According to the Corporation far more monies are outstanding. 11.The Bank Guarantee/security as encashed by the Corporation shall be replenished by the petitioner within a week from today.
12.The computation of the monies paid and/or adjusted, shall be filed by the parties in 2 weeks from today.
13.List on 23.03.2021.
14.The order be uploaded on the website forthwith.”
xxx xxx xxx xxx
“ORDER 18.12.2020
The hearing was conducted through video conferencing.
CM APPL. 32516/2020 (exemption) In W.P.(C) 8242/2019
1. Allowed, subject to all just exceptions.
2. The application stands disposed-off.
CQNT.CAS(C) 790/2020 & CM APPL. 30898/2020 and W.P.C)8242/2019 & CM APPL. 29946/2020
3. Mr. B. L. Wali, the learned counsel for Mr. Dhananjay Kumar Jha,submits that neither Mr. Dhananjay Kumar Jha nor his agent isoperating the parking lot concerned.
4. Mr. Sanjay Poddar, the learned Senior Advocate for the Corporation,states, upon instructions, that the person at the parking site is one Mr.Pankaj Kumar Jha, who claims authority to work as an agent of Mr.Dhananjay Kumar Jha. Photographs of the parking site as on11.12.2020 have been shared by the Corporation on the computerscreen during the virtual Court proceedings. Let the saidphotographs/documents be brought on record.
5. Mr. Kushagra, the learned counsel for the GNCTD, who is present in the virtual Court proceedings, is directed to ascertain from the SHO,Police Station Sarita Vihar, New Delhi as to who is currentlyoperating and collecting monies at the parking site at Jasola DistrictCentre, Plot Nos.3, 7, 8, and 9, Living Style Mall, Jasola, New Delhi.
6. After the pass-over Mr. Kushagra states upon instructions that, that the local police has verified that a parking lot is being managed in anadjacent plot for and on behalf of one Mr. Rajesh Kumar Singh, whohas been duly authorised by the SDMC vide permission dated27.07.2018. The SHO has further informed him that on the Plot
CONT.CAS(C) 790/2020 & ANR. Page 3 of 12
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Nos.3, 7, 8, and 9, there is no parking of vehicles; in other words, no suchparking lot is operation at the site.
7. Mr. Wali submits that the petitioner in the petitioner has not operated the site from 29.10.2020 till date.
8. If the said petitioner wishes to operate the parking site, he may do sofrom tomorrow. Possession of the site shall be handed over to him at10:00 a.m. tomorrow, without prejudice to the rights and contentionsof the parties. In the interim, no monies from the period of 29.10.2020till today will be payable, subject to further arguments.
9. The Delhi Police is impleaded as a party. Let an affidavit, along withphotographs, be filed by the SHO apropos the status as intimated tothe Court by the learned counsel for the Delhi Police.
10.Response to the affidavit may be filed by the parties, if so instructed.
1 l.The Amended Memo of Parties be filed in 2 weeks from today.
12.List on 23.03.2021 i.e. the date already fixed.
CM APPL. 32515/2020 (by petitioner for modification of order dt. 06.11.2020) in W.P.(C) 8242/2019
13.Issue notice.
14.The learned counsel named above accept notice on behalf of the nonapplicants.
15.This application seeks modification of the earlier order, directing the petitioner to pay the Corporation Rs.11 lakhs per month, to thewithout prejudice to his rights and contentions.
16.Mr. Wali submits that because of the reigning COVID-19 pandemic,the full volume of traffic has not resumed on Delhi streets and fewercars are being parked at the parking lot. Therefore, it would be fairthat the Corporation to consider reduction of the monthly emolumentsfrom Rs.11 lakhs to Rs.8 lakhs as was being paid earlier.
17.In the circumstances, till the decision in the application formodification, let the petitioner deposit an amount of Rs.9.5 lakhs permonth. The payments shall be made as per the schedule fixed. IS.Renotify on 23.03.2021 i.e. the date already fixed.
19.The order be uploaded on the website forthwith.”
CM. APPLS. 13868-69/2022
1. Learned counsel for the petitioner under instructions submits that without prejudice to his rights and contentions, petitioner shall surrender
CONT.CAS(C) 790/2020 & ANR. Page 4 of 12
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Digitally Signed By:KAMLA RAWAT Signing Da te:2 6.04.2024 15:29:54
the parking lot on 31.03.2022. He, however, prays that respondent be directed to reconcile the accounts of the petitioner and also grant petitioner various eligible remissions as per the resolutions of the Corporation.
2. Learned senior counsel appearing for the Corporation submits that without prejudice to their rights and contentions, they are willing to accept the surrender of parking lot.
3. He submits that as per his instructions all admissible remissions have already been granted and petitioner is in arrears for over three months in terms of the order dated 18.12.2020. However, for purposes of reconciliation, petitioner may visit the office of Assistant Commissioner, RP Cell, Civic Centre, Minto Road, Delhi on 28.03.2022 at 3 P.M.
4. It is directed that on the said date, copy of the applicable resolutions as well as statement of accounts be furnished to the petitioner for the purposes of reconciliation. It is clarified that this is without prejudice to the rights and contentions of the parties. It is further clarified that surrender of parking lot on 31.03.2022 will be without prejudice to the reconciliation and not dependent on the same.
5. List on 26.07.2022.
6. Petitioner shall keep the bank guarantee alive during the pendency of this petition.”
CONT.CAS(C) 790/2020 & ANR. Page 5 of 12
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dated 06.11.2020 was modified vide order dated 18.12.2020, in which, it was, inter alia , directed as under :-
“16.Mr. Wali submits that because of the reigning COVID-19 pandemic, the full volume of traffic has not resumed on Delhi streets and fewer cars are being parked at the parking lot. Therefore, it would be fair that the Corporation to consider reduction of the monthly emoluments from Rs.11 lakhs to Rs.8 lakhs as was being paid earlier.
17.In the circumstances, till the decision in the application for modification, let the petitioner deposit an amount of Rs.9.5 lakhs per month. The payments shall be made as per the schedule fixed.”
CONT.CAS(C) 790/2020 & ANR. Page 6 of 12
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CONT.CAS(C) 790/2020 & ANR. Page 7 of 12
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of license fee filed on behalf of the MCD. He submits that proper reconciliation in terms of the order dated 06.11.2020 has not been carried out at all. According to him, if a proper reconciliation had been carried out (taking into account the alleged reduced area of the parking site that was made available to the contemnor), a substantial amount would be refundable by the MCD to the contemnor. He further submits that the present petitions are not maintainable without proper reconciliation being carried out and consequent adjustments of amounts, as contemplated in para 9 of the order dated 06.11.2020.
CONT.CAS(C) 790/2020 & ANR. Page 9 of 12
Signature Not Verified
Digitally Signed By:KAMLA RAWAT Signing Da te:2 6.04.2024 15:29:54
amount of Rs.9.5 lakhs per month at least for a period of four months viz. from 31.10.2021 till 29.11.2021 and from 30.12.2021 till 31.03.2022.
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this Court subject to the final adjudication of W.P. (C) 8242/2019.
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surrendered the said parking site in question much prior to 31.03.2022. However, the contemnor chose to continue to take benefits of interim orders passed by this Court while failing to adhere to the pre-condition imposed by this Court. As such, the aforesaid disobedience on the part of the contemnor was clearly wilful.
SACHIN DATTA, J
APRIL 22, 2024/ rp,dk
CONT.CAS(C) 790/2020 & ANR. Page 12 of 12
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1 issue framed by the court
Whether the contemnor's non-payment of monthly license fee and failure to replenish bank guarantees despite interim orders amounted to wilful contempt.
Colour shows how this judgement treated each authority
National Agricultural Co-op. Marketing Federation of India v. Lalit MohanRelied on¶27
2008 (105) DRJ 507
1 provisions across 1 enactments
South Delhi Municipal Corporation
Dhananjay Kumar Jha
Sachin Datta
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
