Contempt petition seeking initiation of proceedings for non-compliance with an earlier writ order on unauthorised construction and resealing of a property. With no appearance by the petitioner across several dates, the court dismissed the petition in default for non-prosecution.
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.
$~26
versus
DEV KUMAR EXECUTIVE ENGINEER & ORS......Respondents Through: Mr. Mukesh Gupta, Standing Counsel for MCD with Ms. Madhu Yadav, Ms. Sneha Roy, Ms. Gurleen Kaur Sran & Mr. Shishav Shukla, Advs. Mr. Vikrant N. Goyal, Mr. Yash Basoya, Mr. Inderpreet Singh & Mr. Kunal Dixit, Advs. Mr. Abhishek Gupta & Mr. Vivek Mangla, Advs. for DDA. Mr. Gaurav Sarin, Sr. Adv. with Mr. S.K. Rout, Mr. Aman Mehrotra, Mr. Harish Kumar, Mr. Rahul Kumar, Ms. Himani Tatyal, Ms. Alka Singh, Ms. Prabasini & Ms. Parmita Nath, Advs. for applicant in CM APPL. 34040/2023.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R % 09.04.2026
“a) initiate contempt proceedings against the contemnors for not complying with the order dated 27.01.2020 passed in Writ Petition
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 15/04/2026 at 11:22:09
(Civil) No.991/2020 titled as "Sh. Rohit Gahlot Vs. South Delhi Municipal Corporation And Ors." by Hon'ble Mr. Justice Jayant Nath of this Hon'ble Delhi High Court;
b) also direct the contemnors to reseal the property No.192, Khasra No. 75, Village Arjun Nagar, Safdarjung Enclave, New Delhi and remove the illegal and unauthorized construction raised therein;
c) also direct the Contemnor No.3/SHO of P.S. Safdarjung Enclave, New Delhi to expeditiously take consequential steps pursuant to the FIRs No.41/2020 and 42/2020 registered upon breaking of the seal in the aforesaid property in compliance of the order dated 27.01.2020;
d) Pass any other order or orders which this Hon'ble Court deem fit and proper in the facts and circumstances of the case in favour of the petitioner and against the contemnors.”
“By this Writ Petition the petitioner seeks a direction for demolition of unauthorised and illegal construction raised by respondent No.4 at property No.l92, Khasra No.75, Village Arjun Nagar, Safdarjung Enclave, New Delhi. Identical petition was listed today titled Shri Sat Parkash Tokas vs. Shri Virender Nath and Ors. being W.P.(C)5848/2018 which also sought similar relief for the property H-192, Arjun Nagar, Safdarjung Enclave, Village Humayun Pur, New Delhi-110029.
I have today disposed of the said Writ Petition being W.P(C)5848/2018 based on the status report filed by SDMC whereby they have pointed out that the property in question has been sealed. Report also points out that the seals have been broken twice and different FIRs have been registered against the owners. Directions have also been issued by the court to the SHO Safdarjung enclave, New Delhi to expeditiously take consequential steps pursuant to the FIRs registered upon breaking of the seal. The said order will also apply to the present case.
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 15/04/2026 at 11:22:09
With the above directions, present petition stands disposed
of.”
“That During the hearing in the matter on dated 13/10/2020 the Hon'ble court had ordered to submit the status report. During the enquiry into the matter It was found that a case fir no.- 126/2019 dated-15/05/2019 U/s- 188/448 IPC & 461 DMC Act PS- Safdarjung Enclave was registered on the complaint of Dy. Commissioner South Zone, MCD, Green Park,-New Delhi against Sh. Joginder Nath, Owner/builder of property bearing no.- 11-192, Arjun Nagar,. New Delhi and after investigation a charge sheet U/s – 188/448 IPC & 461 DMC Act was against Sh. Joginder Nath before the Id. court and NDOM is ld/Od/2021. Subsequently two other FlRs on the said properly having case fir nos.-41/2020 dated- 06/02/2020 U/s188/44S IPC &. 461 DMC Act PS- Safdarjung Enclave and Case fir nos.- 42/2020 dated- 07/02/2020 U/s- 188/448 IPC & 461 DMC Act PS- Safdarjung Enclave were also registered on the complaint of Dy. Commissioner South Zone, MCD, Green Park, New Delhi against Sh. Ranjeet Singh. Builder of property bearing no.- H-192, Arjun Nagar, New Delhi^ Alter the completion of investigation charge sheet was filed against the accused Sh. Ranjeet Singh. In case fir no.41/2020 accused Ranjeet Singh was convicted for offence U/s188/448 IPC sentenced to pay a fine of Rs. - 600/. In case fir no.42/2020 also accused Ranjeet Singh was convicted for offence U/s188/448 IPC sentenced to pay a fine of Rs. - 600/-.
That during enquiry it was found that no construction was going on at the said property bearing no.-,H-192.-.Arjun Nagar, New Delhi for the last one year. Statements of locals were also recorded in these regards and they also corroborated the same. No unauthorized construction was allowed at the property bearing no.- H- 192, Arjun Nagar, New Delhi. Order dated- 27/01/2020 of Hoc' Delhi in W.P.(C) 991/2020 was complianced.”
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 15/04/2026 at 11:22:09
“3. That as per record, it is submitted that in response to letter dated 24/1112022 of the Building Department -I of South Zone/MCD, regarding necessary compliances with the observations, as had already conveyed to the applicant for regularization 1 compounding of existing construction 1 permissible excess coverage/ deviations in respect of subject properties i.e. bearing H-192 and bearing No. 192/1, Arjun Nagar, New Delhi, a reply was received with the department. On examining the same, vide letters dated 22/03/2023, the applicant was asked to submit documents indicating the date of sub-division of the properties with single entity. Copy of the letters sent on 22/03/2023 by the department are annexed herewith as Annexure -A(Colly).
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 15/04/2026 at 11:22:09
AMIT SHARMA, J
APRIL 09, 2026 / nk/db
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 15/04/2026 at 11:22:09
1 provisions across 1 enactments
Rohit Gahlot
Dev Kumar Executive Engineer
Amit Sharma
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
