Dismissed¶29

Harsh Jain v. Municipal Corporation of Delhi & Ors.

Delhi HC18 Nov 2025CONT.CAS(C)/1745/2025

Case brief

AI extract

What is this about?

Harsh Jain v Municipal Corporation of Delhi & Ors; CONT.CAS(C) 1745/2025; contempt of courts; Sections 11, 12 Contempt of Courts Act 1971; Article 215 Constitution; order dated 29.04.2025 in W.P.(C) No. 4607 of 2025; unauthorised construction; sanction letter dated 13.10.2025; Clause 336 Delhi Municipal Corporation Act 1957; petition dismissed as withdrawn; rights and contentions left open; CM APPL. 72351/2025 exemption allowed; Delhi High Court; Amit Sharma, J; 18.11.2025.

What did the court decide?

The exemption application CM APPL. 72351/2025 was allowed subject to all just exceptions and disposed of. ¶16

Harsh Jain Vs Municipal Corporation of Delhi & Ors. — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether proceedings for civil contempt should be initiated against the Contemnors/Respondents and punishment imposed under the Contempt of Courts Act, 1971 for their willful and deliberate disobedience of the order dated 29.04.2025 in W.P.(C) No. 4607 of 2025, including cessation/demolition of construction at the subject property and costs. +1 more

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Ratio / Principle

The exemption application CM APPL. 72351/2025 was allowed subject to all just exceptions and disposed of.

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Key takeaways

Leave was granted to the petitioner to withdraw the present contempt petition.ratio¶28
The present petition is dismissed as withdrawn and disposed of accordingly; no merits adjudication on the alleged contempt was made.ratio¶29
All the rights and contentions of the parties are left open.obiter¶30

Detailed headnote1 paragraphs

Delhi HC | CONT.CAS(C) 1745/2025 | 18.11.2025 | Amit Sharma, J. Harsh Jain filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India against MCD and others, alleging willful disobedience of the order dated 29.04.2025 in W.P.(C) No. 4607 of 2025, and praying for initiation of civil contempt, punishment under Section 12 of the Contempt of Courts Act, 1971, cessation and demolition of construction at the subject property, and costs. Counsel for respondent no. 3, on advance notice, drew attention to sanction letter dated 13.10.2025 granting sanction under Clause 336 of the Delhi Municipal Corporation Act, 1957, and to the order dated 29.04.2025 recording that sanction had been applied for and that the learned Single Judge had observed MCD would ensure no unauthorised construction except in accordance with law, contending the petition was misconceived. Counsel for the petitioner thereupon sought leave to withdraw; leave was granted and the petition was dismissed as withdrawn and disposed of, with all rights and contentions left open and pending application(s) disposed of. The exemption application CM APPL. 72351/2025 was allowed subject to just exceptions. No merits finding on the contempt allegation was recorded.

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$~96

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 1745/2025

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HARSH JAIN .....Petitioner

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Through: Mr. Deepak Somani and Mrs. Chanchal Gupta, Advocates.

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Versus

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MUNICIPAL CORPORATION OF DELHI & ORS.

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.....Respondents

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Through: Mr. Anurag Ojha, SSC with Mr. Dipak Raj Singh, Mr. Avinash Shukla and Mr. Vipul Kumar, Advocates. Mr. Vikas Chopra, SC for MCD with Mr. Neeraj Kumar, Advocate. Mr. Gautam Narayan, Sr Advocate with Mr. Ayush Gupta, Advocate for R-3.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 18.11.2025

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This hearing has been done through hybrid mode.

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CM APPL. 72351/2025(exemption)

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Allowed, subject to all just exceptions. The application is disposed of.

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CONT.CAS(C) 1745/2025

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The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India seeks the following prayers:

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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 21/11/2025 at 12:03:13

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“(a) Initiate proceedings for Civil Contempt under the provisions of the Contempt of Courts Act, 1971, against the Contemnors/Respondents for their willful and deliberate disobedience of the order dated 29.04.2025 passed by this Hon'ble Court in W.P.(C) No. 4607 of 2025;

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(b) Punish the Contemnors/Respondents for committing contempt of this Hon'ble Court in accordance with the provisions of Section 12 of the Contempt of Courts Act, 1971;

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(c) Direct the Contemnors/Respondents to forthwith cease all construction activities at the subject property and to demolish the construction raised in violation of the order dated 29.04.2025;

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(d) Award the costs of this petition to the Petitioner; and

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(e) Pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.”

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Learned counsel for respondent no. 3, on advance notice, draws attention of this Court to sanction letter dated 13.10.2025 whereby the MCD has granted sanction under Clause 336 of the Delhi Municipal Corporation Act, 1957. Attention has been further drawn to order dated 29.04.2025 wherein it has been recorded that the respondent herein had given a statement to the effect that sanction had been applied for and consequently, while disposing of the petition, the learned Single Judge had observed that MCD would ensure that no unauthorised construction take places except in accordance with law. In these circumstances, it is pointed out that the petition is misconceived.

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In view thereof, learned counsel for the petitioner seeks leave to withdraw the present petition.

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Leave granted.

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The present petition is dismissed as withdrawn and disposed of accordingly.

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Needless to say, all the rights and contentions of the parties are left

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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 21/11/2025 at 12:03:13

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open.

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Pending application(s), if any, also stands disposed of.

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AMIT SHARMA, J

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NOVEMBER 18, 2025/bsr/ah

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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 21/11/2025 at 12:03:13

Harsh Jain v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Harsh Jain v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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