Karawal Nagar Road Market Welfare Association v. Municipal Corporation of Delhi

1. The present contempt petition has been filed alleging non-compliance and disobedience of the directions, as contained in the order dated 16th January, 2026, passed in W.P.(C) 612/2026.

2. By way of order dated 16th January, 2026, the following directions had been issued: “xxx xxx xxx

3. In the last order passed on 31st August 2022, in W.P.(C) 12590/2022, this Court had disposed of the writ petition on the basis of the statement made by counsel for the MCD that if any demolition action is carried out, the same would be preceded by a show cause notice to the petitioners.

4. Counsel appearing on behalf of the respondent no.1/MCD appearing on advance notice submits that at this stage, no antiencroachment drive has been contemplated in the said area. In the event the respondent/MCD were to initiate an antiencroachment drive, they would give a show cause notice to the petitioner and would act in accordance with the law. xxx xxx xxx”

3. Thus, perusal of the aforesaid order shows that there were directions to the Municipal Corporation of Delhi (“MCD”) that, in case, any antiencroachment drive is to be initiated by the MCD, they would issue a Show Cause Notice to the petitioners, and act in accordance with law.

4. This Court notes the submissions made by learned counsel appearing for the respondent-MCD that in the present case, requisite Show Cause Notices were issued on 08th May, 2026, to the petitioners herein, before the MCD initiated the work.

5. She submits that the work, which the MCD has initiated, was not in the nature of anti-encroachment drive, but for construction of Reinforced Cement Concrete (“RCC”) drain, as the shops of various petitioners were situated next to a drain.

6. This Court notes the submissions made on behalf of the respondent- MCD, as recorded in the order dated 16th February, 2026, passed in the present proceedings, in the following manner:

6. Learned counsel for the respondents submits that the present petition is thoroughly misconceived inasmuch as no action has been taken by the respondent [Municipal Corporation of Delhi (MCD)] in wilful disobedience of the directions contained in the aforesaid order dated 16.01.2026 passed in W.P.(C) 612/2026.

7. It is submitted that all that has been done in the concerned area is to ensure that the work for construction of RCC drain (over a water body) is done in accordance with law. It is submitted that the said work is required to be completed pursuant to an award of a tender vide work order dated 11.11.2025.

8. It is submitted that the said work is in the nature of critical infrastructural work which is time-bound and is required to be completed within a period of six months from the date of issuance of the work order.

9. It is emphasized that it is only in connection with the work in question that the necessary construction activities have been undertaken. The same is only in the nature of a temporary impediment to access to the petitioner’s shop/s in the area in question. (Emphasis Supplied)

7. This Court also takes note of the short affidavit filed on behalf of the MCD, the relevant portions of which, read as under:

8. This Court takes note of the submissions made by learned counsel appearing for the MCD that against the Show Cause Notices dated 08th May, 2026, the petitioners herein have already filed a Civil Suit, bearing NO. 266/2026, titled as Premwati and Ors. Versus Municipal Corporation of Delhi.

9. This Court further takes note of the submission made on behalf of MCD that vide order dated 06th June, 2026, passed in the aforesaid civil suit bearing No. 266/2026, the said Show Cause Notices dated 08th May, 2026, issued by the MCD, have been stayed, and MCD has also been restrained from carrying out any encroachment removal programme for the Lal Dora Properties, as mentioned therein.