Delhi High Court
Sameer Bajpai vs Dr Puneet Kumar Goel & Ors on 21 August, 2023
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.08.2023
+ CONT.CAS(C) 304/2018
SAMEER BAJPAI ..... Petitioner
Through: Mr. Shantwanu Singh, Advocate.
versus
DR PUNEET KUMAR GOEL & ORS ..... Respondent
Through: Mr. Sanjeev Sabharwal, Standing
Counsel, MCD
Mr. Gaurav Bahl, Advocate for R-2
and 3.
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. This contempt petition has been filed under Section 2 (b) and 16 of
the Contempt of Courts Act, 1971, stating that the Respondents herein have
failed to comply with the directions issued by a Coordinate Bench of this
Court vide order dated 29.08.2016 in WP(C) 4162/2016.
2. This order is being passed in continuation of orders dated 18.05.2023
and 23.05.2023.
3. The learned standing counsel for Municipal Corporation of Delhi
('MCD') states at the outset that Dr. Akeel Ahmed, the Executive Engineer
('EE') and Mr. Anil Kumar, Assistant Engineer ('AE') tender an
unconditional apology to this Court. He states affidavits of the officials have
Digitally Signed
By:MAHIMA SHARMA
Signing Date:22.08.2023
18:05:58
been filed. He is directed to have the same placed on record.
3.1 He states that the directions issued vide order dated 29.08.2016 now
stand complied with.
3.2 He states that after obtaining the standard plan from Delhi
Development Authority ('DDA'), demolition was carried out on the building
and the flats of the Petitioner and Respondent No.3 now stand at the site as
per the standard plan provided by DDA.
3.3 He states that there is unauthorized/illegal construction by the
Petitioner on the terrace with respect to the barsati constructed on the said
terrace remains pending. He states that the issue of the said barsati is
pending consideration before Coordinate Bench in W.P.(C) 8616/2023. He
states that MCD will abide by the final directions passed in the writ petition.
3.4 He prays that the apology of the EE and AE be accepted and the
petition be disposed of in terms thereof.
4. The learned counsel for the Petitioner as well confirms that the order
dated 29.08.2016 now stands complied with and he is not seeking any
further directions to the Respondents in this petition.
5. The learned counsel for the Respondent No.3 as well confirms that all
deviations in the flat of Respondent No.3 have been removed and the flat is
now as per the standard plan.
6. In view of the statement made by the parties and the compliance
undertaken by the Respondent MCD, the apology tendered by Dr. Akeel
Ahmed and Mr. Anil Kumar is accepted and the show cause notice of
contempt issued on 18.05.2023 is discharged.
7. The issue of unauthorised construction on the terrace by the Petitioner
will be subject to the final outcome of W.P.(C) 8616/2023 and MCD will
Digitally Signed
By:MAHIMA SHARMA
Signing Date:22.08.2023
18:05:58
take steps accordingly.
8.1. The learned counsel for the Respondent No.3 states that he has filed a
civil suit no. 83820/2016 against the Petitioner and he is asserting certain
rights in the suit property. It is clarified that the said suit will be decided on
its own merits.
9. Accordingly, the present contempt petition is disposed of as satisfied.
Pending applications stands disposed of.
MANMEET PRITAM SINGH ARORA, J
AUGUST 21, 2023/msh/sk
Click here to check corrigendum, if any
Digitally Signed
By:MAHIMA SHARMA
Signing Date:22.08.2023
18:05:58
