Harpreet Kaur Sandhu Vs Municipal Corporation of Delhi Thr… — Contempt of Court | Delhi HC (2025)

Harpreet Kaur Sandhu Vs Municipal Corporation of Delhi Thr… — Contempt of Court | Delhi HC (2025)

What the court decided

AI extract

Outcome

Referral of the disputed documents issue to the STF for consideration, with hearings for the petitioner and the occupiers, assessment and meeting within six weeks, and liberty for the petitioner to take action in accordance with law pursuant to the STF's decision; the petition itself was disposed of.

Issue for consideration

Whether the MCD finding that the second floor and the part third-floor existed prior to 08 February 2007 (and are accordingly entitled to protection against punitive action till 31 December 2026 under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011) is valid, given the petitioner's contention that the finding rests on incorrect and fabricated documents - the court directing that the issue be considered by the STF in light of the documents presented.

Court's answer

The court directed that the issue arising from the documents presented be considered by the STF, and that a hearing be granted by the STF to the petitioner as well as to the occupiers, Smt. Harpreet Kaur Sandhu and Smt. Anju Chitkara.

Ratio / Principle

The assessment and the meeting were to take place within the next 6 weeks.

Key takeaways

The petitioner will be at liberty to take action in accordance with law pursuant to the decision taken by the STF.ratio¶22

Detailed headnote1 paragraphs

High Court of Delhi (Anish Dayal, J.), CONT.CAS(C) 1994/2024 - HARPREET KAUR SANDHU v. MUNICIPAL CORPORATION OF DELHI THR DEPUTY COMMISSIONER & ORS., order dated 13.05.2025: Following an MCD status report recording a hearing of 07.04.2025 at which the petitioner produced an Agreement to Sell for a flat at Hakikat Nagar, Kingsway Camp, GTB Nagar, Delhi (registered 22.11.2019), and Smt. Anju Chitkara produced property tax receipts for 2004-2005 (first and second floors), with further documents for the first, second and part-third floors all predating 2007, the MCD concluded that the second floor and part third-floor existed since 1988 and 1998 and, though unauthorizedly constructed, were entitled to protection against punitive action till 31.12.2026 under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011, having existed prior to 08.02.2007. Counsel for the petitioner refuted this finding as resting on incorrect and fabricated documents. The High Court did not itself adjudicate the dispute: it directed that the issue be considered by the STF in light of the documents, ordered hearings for the petitioner and the occupiers, required the assessment and meeting within six weeks, left the petitioner at liberty to act in accordance with law pursuant to the STF's decision, and disposed of the petition. No precedents cited; no monetary quantum involved.

$~16

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CONT.CAS(C) 1994/2024

HARPREET KAUR SANDHU

.....Petitioner

Through: Mr. Archit Arora, Ms. Meenal Solanki and Mr. Abdus Ahmad Ansari, Advs.

versus

MUNICIPAL CORPORATION OF DELHI THR DEPUTY COMMISSIONER & ORS. .....Respondent Through: Mr. G.S. Oberoi, SC for MCD with Mr. Ankur Sharma, Ms. Shaifali Jain and Mr. J.S. Oberoi, Advs. along with Mr. Vipin Goswami, AE. Mr. Varun Vats, SPC for R-2. Mr. Sachin Bandooni, Adv. for Ms. Anju Chitkara.

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 13.05.2025

Pursuant to the previous order, status report has been handed up by the counsel for the MCD, which states that a hearing was afforded to Smt. Harpreet Kaur Sandhu/petitioner , as well as, Smt. Anju Chitkara , on 07^th April 2025.

While Smt. Harpreet Kaur Sandhu submitted a copy of Agreement to Sell, in respect of Flat No.12, First Floor, Property No. II (GF), Gali No.2, Hakikat Nagar, Kingsway Camp GTB Nagar, Delhi , which was registered on 22^nd November 2019, Smt. Anju Chitkara submitted copies of property tax

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 01/07/2025 at 01:37:00

receipts, for the year 2004-2005, in respect of the first floor and the second floor.

Subsequently, the documents relating to the first floor, second floor and part-third floor were also submitted, which were all prior to 2007.

The MCD, therefore, came to the conclusion after going through the documents that the second floor and the part third-floor had been in existence since 1988 and 1998, respectively. Though, both floors are unauthorizedly constructed but were found to be entitled to protection against punitive action till 31^st December 2026 under the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 , since they have been in existence, prior to 08^th February 2007.

Counsel for the petitioner refutes this finding by the MCD and states that it is has been arrived at, basis, incorrect and fabricated documents.

The issue may, therefore, be considered by the STF in light of the documents which have been presented.

A hearing shall be granted by the STF to the petitioner, as well as, to the occupiers, Smt. Harpreet Kaur Sandhu and Smt. Anju Chitkara , in this regard.

The assessment and the meeting shall take place within the next 6 weeks.

The petitioner will be at liberty to take action in accordance with law, pursuant to the decision taken by the STF.

The petition is, therefore, disposed of.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

MAY 13, 2025/MK/ kp

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 01/07/2025 at 01:37:00