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 IN THE HIGH COURT OF DELHI AT NEW DELHI


  
  
  
  W.P.(C) 4253/2011 and CM Nos. 8732/2011, 13119/2011 and 1680/2012
  
  
  
  SIKH FORUM FOR SERVICE AND JUSTICE ..... Petitioner
  
  Through: Mr Gurbaksh Singh and Ms Meenakshi Sharma, Advs.
  
  
  
  
versus
  
  
  
  THE GNCT OF DELHI AND ORS ..... Respondents
  
  Through: Ms Sana Ansari, Adv. for R-1.
  
  Mr Lokesh, proxy counsel for Ms Sangeeta Chandra, Adv. for R-2/DDA.
  
  Mr Vivek Sood, Adv. for Resp./NDMC.
  
  Mr Raj Kamal, Adv. for R-4 with Mr Shamsher Singh, Supdt. (Property and
  Legal).
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE RAJIV SHAKDHER
  
  
  
   O R D E R
  
   17.12.2012
  
  
  
  In CM No. 2083/2012 certain directions were issued by this Court on
  22.03.2012. The sum and substance of the directions issued was that
  respondent no. 4 would forthwith stop construction of the underground
  parking in issue. Furthermore, respondent nos. 1 to 3, were directed to
  enforce compliance of the said order. The Court, also went on to observe
  that on respondent no. 4 satisfying the conditions prescribed by law it
  would be entitled to obtain sanction of building plans qua the
  underground parking in issue. The Court further observed that, if
  sanction for construction is accorded, it shall be open to respondent no.
  4 to carry out further works in accordance with the sanction obtained.
  Respondent no. 4 was also put to notice that, in case, there was breach
  of the directions made in the said order,
  
  W.P.(C) 4253/2011 Page 1 of 2
  
  it would be viewed seriously.
  
  Today, learned counsel for respondent no. 4 states, on instructions
  of Mr Shamsher Singh, Superintendent (Property and Legal), that they
  would not only abide by the directions contained in the order dated
  22.03.2012, but would also further undertake not to carry out any
  construction in the underground parking in issue, till sanction as per
  law is obtained from all concerned statutory authorities.
  
  In this behalf, learned counsel for respondent no. 4, undertakes to
  file an affidavit of the President of respondent no. 4, in terms of the
  undertaking, given today. It is stated that the affidavit would be
  filed within two weeks from today.
  
  The aforesaid undertakings are taken on record.
  
  In view of the aforesaid undertakings being given, on behalf of
  respondent no. 4, learned counsel for petitioner says that he does not
  wish to press the writ petition any further.
  
  Respondent no. 4 shall remain bound by the undertakings given to the
  Court. In the event of breach, proceedings under the Contempt of Courts
  Act, 1971 would be initiated. The initiation of contempt proceedings
  will not preclude the petitioner from taking recourse to any other remedy
  that may be available in law, to it.
  
  Accordingly, the petition and the pending applications are disposed
  of.
  
  
  
  RAJIV SHAKDHER, J
  
  DECEMBER 17, 2012
  
  kk
  
  W.P.(C) 4253/2011 Page 2 of 2
  
  
  
  $ 9

​  IN THE HIGH COURT OF DELHI AT NEW DELHI
  W.P.(C) 4253/2011 and C.M. Nos. 8732/2011, 13119/2011 and 1680/2012​

​  
   IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
    W.P.(C) 4253/2011 and C.M. Nos. 8732/2011, 13119/2011 and 1680/2012
  
   
    SIKH FORUM FOR SERVICE AND JUSTICE ..... Petitioner
  
  Through: Mr. Gurbaksh Singh, Advocate.
      
  
versus
    
  
  THE GNCT OF DELHI AND ORS ..... Respondents
  
  Through: Ms. Sana Ansari, Advocate for the respondent No. 1/GNCTD.
  
  Ms. Pooja Bahuguna, Advocate for the respondent No. 2/DDA.
  
  Mr. Arjun Pant, Advocate for the respondent No. 3/NDMC.
  
   Mr. G.K. Bharti, Mr. Rajesh Dhawan, Mr. Sudhanshu Malhotra, Mr. Raj
  Kamal and Mr. S.K. Bharti, Advocates for the respondent No. 4/DSGMC.
  
    
  CORAM:
  
   HON'BLE MR. JUSTICE VIPIN SANGHI
  
   
   O R D E R
  
   22.03.2012
  

  C.M. No. 2083/2012
  
  The status report has been filed by the NDMC in terms of the last
  order. Along with the status report, the NDMC has annexed the
  communication dated 26.09.2011, whereby the plans presented by the
  President of the Delhi Sikh Gurudwara Management Committee have been
  rejected for various reasons. The NDMC has further disclosed that since
  the illegal and unauthorized construction is going on, they had issued
  notice under Section 248 of the NDMC Act calling upon the respondent No.
  4 to stop the unauthorized construction. Respondent No. 4 has also been
  informed that such unauthorized construction is punishable with simple
  imprisonment upto six months or with fine which may extend to Rs.5,000/-
  or both. Another order under Section 248 was issued on 13.02.2012.
  Since the unauthorized construction is going on, the NDMC has also sought
  police protection for enforcing the stoppage orders.
  
  The conduct of respondent No. 4 in brazenly going on with the
  construction of the underground parking is deplorable. Without obtaining
  a sanction, the said construction is being undertaken even though their
  application for sanction has been refused for various reasons, and they
  have been asked to stop the works.
  
  The respondent No. 4 is directed to forthwith stop construction of
  the underground parking in question. Respondents No. 1 to 3 as well as
  the S.H.O. of the local police station concerned, are directed to
  strictly enforce compliance of this order.
  
  It shall be open to respondent No. 4, in the meantime, to proceed
  to satisfy the conditions prescribed by law and to obtain sanction of
  building plans of the underground parking. In case the sanction for
  construction is accorded in the meantime, it shall be open to respondent
  No. 4 to carry out the further works in accordance with the sanction.
  Breach of this order shall be viewed seriously by the Court.
  
  Adjourned to 11.07.2012.
  
  
  
  
  
  VIPIN SANGHI, J
  
  
  
  MARCH 22, 2012
  
  ?BSR?
  
  
  
  15.