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2025 DAILYLAW 53637 (DEL)

RAJESH DEVI v. ASHWANI KUMAR COMMISSIONER MCD AND ORS

CONT.CAS(C)/1851/2025 · 2025-12-04

Amit Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1851/2025 RAJESH DEVI .....Petitioner Through: Mr. N. Prabhakar and Mr. Uday Sharma, Advocates. versus ASHWANI KUMAR COMMISSIONER MCD AND ORS .....Respondents Through: Mr. Manu Chaturvedi, SC for MCD with Mr. Ahmed Jamal Siddiqui, Mr. Kshitiz Kishor Rai and Mr. Madhav Tripathi, Advocates for MCD. Mr. Arjun Mahajan, SC for DDA with Mr. Apoorv Upmanyu, Mr. Harshit Vashisht, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 04.12.2025 1. This hearing has been done through hybrid mode. CM APPL. 76366/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CONT.CAS(C) 1851/2025 3. The present petition under Section 12 of the Contempt of Courts Act, 1971, seeks the following prayers: “a. Initiate contempt proceedings against the Respondents for their refusal and willful disobedience of the Honorable Court's order dated 27.11.2024. In Writ Petition no. 13926/2024. b. Take any other action as the Honorable Court may deem just and necessary.” 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 08/12/2025 at 11:18:55 4. Vide order dated 27.11.2024 in W.P.(C) 13926/2024, the learned Single Judge of this Court had passed the following directions: - “6. The writ petition is, therefore, disposed of with the direction that further action in the premises in question will be governed by the directions of the ATMCD, where the appeals remain pending and/or by further orders to be passed by MCD in the cases where matters have already been remanded. 7. It is made clear that the rights and remedies of owners/occupants of the subject property, as available in law, remain reserved. MCD is directed to take action strictly in accordance with law and after complying with all statutory formalities and observance of the safeguards laid by the Supreme Court vide judgment dated 13.11.2024 in In Re: Directions in the matter of demolition of structures [WP (C) 295/2022 and connected matters].” 5. It is pointed out that respondent No. 4’s appeal, Appeal No.914/2024, before the ATMCD stood withdrawn vide order dated 21.11.2024 and the same was not brought to the knowledge of learned Single Judge at the time of passing of the aforesaid order on 27.11.2024. 6. Learned counsel for MCD/respondent Nos.1 & 3 points that in the chart which is reproduced in the aforesaid order, the appeal filed by petitioner’s father was also listed at Serial/Item No. 10 in order dated 27.11.2025 and the factum of respondent No.4’s appeal being withdrawn was well within the knowledge of the petitioner and the same was not brought to the notice of learned Single Judge by him as well. 7. Be that as it may, learned counsel for the MCD submits that necessary action will be taken by the MCD within a period of three weeks from today. 8. In view of the aforesaid statement, the present petition is disposed of with the direction that necessary action be taken by the MCD within three 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 08/12/2025 at 11:18:55 weeks. In case of non-compliance, the petitioner will be at liberty to revive the present petition. 9. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J DECEMBER 4, 2025/bsr 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 08/12/2025 at 11:18:55