Contempt petition alleging non-compliance with an order directing MCD action against unauthorised construction. MCD's status report showed interim protection granted by the Appellate Tribunal-MCD pending appeal. Court disposed of the petition with liberty to revive subject to the appeal's outcome.
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SURENDER KUMAR .....Petitioner
Through: Ms. Heeba Ansari, Advocate. versus
GYANESHWAR BHARTI & ORS. .....Respondents Through: Ms. Puja S. Kalra, SC for MCD. Mr. Sunil Chaudhary and Mr. Jai Vardhan, Advocates for R-2.
CORAM: HON'BLE MR. JUSTICE AMIT SHARMA
Courts Act, 1971 seeks the following prayers:
“a. An order be passed whereby the Respondents and/ or any other persons found to be guilty of disobeying and punished for defying and violating the order dated 10.01.2024 in W.P.(Civil) 311/2024
"1. This property has been booked vide File No.04/UCIB-IIISZ/2024 dated 03.01.2024 in the shape of
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 11/12/2025 at 12:35:28
Ground Floor & First Floor, for taking action under Section 343/344 of DMC Act-1957. The requisite Show Cause Notice has also issuer I served upon the owner /occupier.
“5. That further, on referring to the record, it has also been gathered that in meanwhile, on being aggrieved with aforesaid action, the owner / occupier of the subject property has also filed an appeal bearing No. 41 l/ATMCD/2024 titled as “ Smt. Biram Wati VS MCD ” before the Hon’ble Appellate Tribunal - MCD. The Hon’ble ATMCD in the said appeal, vide its orders dated 07/06/2024 has been pleased to restrained the respondent - MCD from taking any coercive action qua the subject property till the next date of hearing. The copy of the order dated 07/06/2024 is annexed herewith as Annexure -A for kind perusal of this Hon’ble Court.
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 11/12/2025 at 12:35:28
before the Hon’ble ATMCD which is now listed on 24/07/2025. The copy of the application as received is annexed herewith as Annexure -C.
AMIT SHARMA, J
DECEMBER 8, 2025/bsr/sg
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 11/12/2025 at 12:35:28
1 issue framed by the court
Whether respondents disobeyed the court's order dated 10.01.2024 regarding action against unauthorised construction at the subject property.
5 provisions across 2 enactments
Surender Kumar
Gyaneshwar Bharti
Municipal Corporation of Delhi
Amit Sharma
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
