$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 869/2025 NAND RAM .....Petitioner Through: Appearance not given. versus SHRI ASHWANI KUMAR IAS & ANR. .....Respondents Through: Mr. Sanjeev Anand, Sr. Adv. along with Ms. Renu Kuhar and Ms. Rupika Pawar, Advs. for R-2. Mr. Siddhant Nath (SC) for MCD along with Mr. Bhavishya Makhija, Mr. Amaan Khan, Advs CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.10.2025 1. This hearing has been done through hybrid mode. 2. The petition filed under Sections 10 and 12 of the Contempt of Courts Act, 1971 seeks the following prayers:- “(i) to issue directions to Respondent No.1-Commissioner, MCD to purge the contempt by complying with the order dated 16.10.2024 passed by this Hon'ble Court in W.P.(C) No. 7224/2023 titled as "Nand Ram Vs. Municipal Corporation of Delhi & Anr."; (ii) to summon, prosecute, punish the Respondent No.l in Contempt of Courts Act, 1971 and also to direct initiation of a Departmental Enquiry for the suspension, dismissal of Respondent No.l from the services for non-compliance of order dated 16.10.2024 passed by this Hon'ble Court in W.P.(C) No. 7224/2023 titled as "Nand Ram Vs. Municipal Corporation of Delhi & Anr."; (iii) Respondent No.2 may kindly be summoned, prosecuted, punished for committing Contempt of 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 25/10/2025 at 11:24:24 (iv) to award compensation of Rs.5,00,000/- (Rupees Five Lakh only) as the Petitioner have suffered on account of inaction on the part of the officials of the MCD for not-complying with the order dated 16.10.2024 passed by this Hon'ble Court in W.P.(C) No. 7224/2023 titled as "Nand Ram Vs. Municipal Corporation of Delhi & Anr."; and the Respondent No.2 is responsible, who in connivance with the Corporation officials managed to avoid the compliance of order dated 16.10.2024; (v) to pass any other order, directions or relief which this Hon’ble Court may deem fit and appropriate in the facts and circumstances of the above mentioned case.” 3. Vide order dated 16.10.2024, the learned Single Judge of this Court while disposing of W.P.(C) 7224/2023 had passed the following order:- “3. MCD has filed a status report dated 10.10.2024 in which it is stated that the application for regularisation has been rejected by order dated 03.10.2024, observing that the location of the site, as marked and verified by the applicant on the zonal development plan of Zone J, does not correspond to the site plan given by the applicant. 4. Mr. Sanjeev Anand, learned Senior Advocate for respondent No. 2, states that an inadvertent error occurred, by which a wrong site has been marked on the development plan. He states that a rectified regularisation application will be submitted to the MCD within one week from today. 5. In the event a rectified application is submitted to MCD within the said period, the MCD will consider the same and pass an appropriate order in accordance with law. If the construction is not regularised, MCD is directed to take action in respect of the unauthorised construction in accordance with law expeditiously, and in any event within eight weeks after disposal of the regularisation application. 6. In the event no application is filed within a period of one week from today, MCD will take such action as required within a period of eight weeks thereafter. 7. In view of the fact that MCD is already seized of the matter and is taking action in respect of the unauthorised construction, no further orders are required in the writ petition, which stands disposed of with the aforesaid directions.” 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 25/10/2025 at 11:24:24 4. Learned counsel for the MCD handed up in Court today, status report authored by Mr. Sanjeev Kumar, Executive Engineer (BLDG)-II South Zone MCD wherein, it is stated that an application for regularization preferred by the occupier/ respondent no. 2 was rejected on 17.02.2025 and against the said order, the occupier preferred an appeal before the Hon’ble ATMCD. 5. It is pointed out that vide order dated 22.07.2025, the learned ATMCD has passed an order granting interim protection of status quo. 6. Learned Senior Counsel appearing on behalf of the occupier/ respondent no. 2, further points out that even as per the aforesaid order dated 16.10.2024, the action by the MCD was to be initiated within 8 weeks of the dismissal of the application for seeking regularisation. It is thus pointed out that the present petition is therefore non-maintainable, in view of the fact that the issue of regularization of the subject construction is pending before the ATMCD. 7. In view of the above, the present petition is disposed of with liberty to the petitioner to revive the same, subject to the outcome of the order passed by the learned ATMCD. AMIT SHARMA, J OCTOBER 15, 2025/mj/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 25/10/2025 at 11:24:24