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Judgment
G.S. Sistani, J.—By the present contempt petition, petitioner alleges willful disobedience of the order dated 18.7.2011, passed by this Court, by DDA, MCD, SHO of P.S. Malviya Nagar and Managing Director of respondent No. 5. Learned counsel for the petitioner submits that by the order dated 18.7.2011 the DDA was directed to ensure that the premises are not put to any use other than the use permitted. Similarly, respondent No. 5 (respondent No. 4 in the present contempt petition) was restrained till the next date of hearing from using the premises for the purposes other than the permitted user.
At the outset, it may be noticed that the MCD is only concerned with the unauthorized construction; the order dated 18.7.2011 cannot be applicable to the MCD; and, thus, the contempt petition against the Executive Engineer of the MCD is misconceived.
To establish contempt the petitioner must show that there is willful disobedience of the order dated 18.7.2011 passed by this Court. The stand taken by the DDA in the status report, which has been filed, would show that the subject premises is not being used for a purpose other than the permitted user. Respondent No. 5 has placed on record communications dated 17.10.1985 and 29.6.2011 addressed by the DDA to show that the DDA had clarified that the premises can be used only for commercial purposes including garment export office and actual packing, etc., of readymade garments. The communications dated 29.6.2011 addressed by Joint Director, M.P. read as under:
No. F.55 (12)/79_IMPL Dated 17th October, 1985.
To
Shri Manjeet Singh,''
Departmental Store-cum-Showroom No. 1,
Geetanjali CBHS, New Delhi.
Dear Sir,
Please refer to your representation on the subject of Departmental Store-cum-Showroom No. 1, Geetanjali CHBS.
Delhi Development Authority has no objection to the internal additions and alterations made by you which are of temporary nature. There is also no objection to the installation of iron grills on front and back gate of the premises.
The premises be used only for commercial purpose including garment export office. Actual packing etc. of ready made garments can however be done in the premises.
Yours faithfully
(SOM PARKASH)
Deputy Director (CE)
F3(57)/2009/MP/166
Dated 29.6.2011
From: H.S. Dhillon
Jt. Director (MP)
To,
Shri Jagpreet Singh Lamba,
D-318, Defence Colony,
New Delhi-110024
Sub.: Permissible activities under ''Convenience Shopping Centre (CSC)'' in MPD-2021
Ref.: Letter No. Nil dated 20.06.2011
Sir,
With reference to your letter dated 20.06.2011 relating to above cited subject, I am directed to inform that as per MPD-2021 provisions at Table 5.1, the activities permitted under ''Convenience Shopping Centre'' are "Retail Shopping, Local level service activities, Repair, Office, Bank, ATM, Informal Trade, Restaurant."
Yours faithfully,
(H.S. Dhillon)
Jt. Director (MP)
Having regard to the stand taken by the DDA in the status report, which has been filed, prima facie there is no willful disobedience of the order dated 18.7.2011 passed by this Court, no grounds are made out to initiate contempt proceedings against the respondents. Accordingly, contempt petition stands dismissed.