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#31 &32 HIGH COURT OF DELHI
CONT.CAS(C) 699/2011
DEV DUTT
Through
#31 &32 HIGH COURT OF DELHI
CONT.CAS(C) 699/2011
DEV DUTT
Through
VERSUS
ICS MEHRA & ORS
Through Petitioner Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates
Respondents Mr. H.S. Phoolka, Senior Advocate with Mr. Mukesh Gupta, Mr. Vikas Chopra and Ms. Shilpa Dewan, Advocates for North DMC.
Mr. Siddharth Dutta, Advocate for Delhi Police with SI Harendra Singh, PS Roop Nagar. ASI/ZO Sushil
Kumar, Traffic Circle Subzi Mandi with SI Udai Singh, Traffic HQ.
Through Petitioner Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates
Respondents Mr. H.S. Phoolka, Senior Advocate with Mr. Mukesh Gupta, Mr. Vikas Chopra and Ms. Shilpa Dewan, Advocates for North DMC.
Mr. Siddharth Dutta, Advocate for Delhi Police with SI Harendra Singh, PS Roop Nagar. ASI/ZO Sushil
Kumar, Traffic Circle Subzi Mandi with SI Udai Singh, Traffic HQ.
WITH
CONT.CAS(C) 2/2012 & CM APPLs. 5679/2012, 2112/2014 AND
4571/2014 NAWALKISHORE , Through
4571/2014 NAWALKISHORE , Through
VERSUS
ICS MEHRA & ORS
Through
Through
CONT.CAS(C) 699/2011, 2/2012
Petitioner Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates
Respondents Mr. H.S. Phoolka, Senior Advocate with Mr. Mukesh Gupta, Mr. Vikas Chopra and Ms. Shilpa Dewan, Advocates for North DMC.
Page 1 of3 2015:DHC:10848
Petitioner Mr. Shiv Charan Garg with Mr. Imran Khan, Advocates
Respondents Mr. H.S. Phoolka, Senior Advocate with Mr. Mukesh Gupta, Mr. Vikas Chopra and Ms. Shilpa Dewan, Advocates for North DMC.
Page 1 of3 2015:DHC:10848
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
30.11.2015 Present contempt petitions have been filed stating that encroachments outside the shops in Kamla Nagar area have not been removed.
In the latest status report dated 18"^ November, 2015, the SHO Roop
Nagar has stated that action is being taken regularly against the encroachers in Kamla Nagar area. It is stated that 47 cases under Section 283 IPG and 35 kalandaras under Sections 83/97 of Delhi Police Act have been registered and prosecuted since March 2015 to July 2015 and the process is continuous. It is further stated that vehicles unauthorisedly parked have also been challaned and prosecuted with the help of traffic police. It is also stated that approximately 4160 vehicles haye been prosecuted for improper parking in Kamla Nagar area and prosecution under Section 66 of Delhi
Police Act has been initiated against 251 persons between March 2015 and
July 2015.
From the aforesaid report it is apparent that encroachers are being regularly prosecuted and challaned under the provisions of law.
Mr. R.K. Saini, Assistant Commissioner, Civil Lines Zone, North
DMC has also filed an affidavit dated 16^'' November, 2015 in which it is stated that "civic authorities will ensure all out efforts to keep Kamla Nagar
& surrounding area free of encroachment by taking regular action for removal of encroachment from time to time in co-ordination with local police."
30.11.2015 Present contempt petitions have been filed stating that encroachments outside the shops in Kamla Nagar area have not been removed.
In the latest status report dated 18"^ November, 2015, the SHO Roop
Nagar has stated that action is being taken regularly against the encroachers in Kamla Nagar area. It is stated that 47 cases under Section 283 IPG and 35 kalandaras under Sections 83/97 of Delhi Police Act have been registered and prosecuted since March 2015 to July 2015 and the process is continuous. It is further stated that vehicles unauthorisedly parked have also been challaned and prosecuted with the help of traffic police. It is also stated that approximately 4160 vehicles haye been prosecuted for improper parking in Kamla Nagar area and prosecution under Section 66 of Delhi
Police Act has been initiated against 251 persons between March 2015 and
July 2015.
From the aforesaid report it is apparent that encroachers are being regularly prosecuted and challaned under the provisions of law.
Mr. R.K. Saini, Assistant Commissioner, Civil Lines Zone, North
DMC has also filed an affidavit dated 16^'' November, 2015 in which it is stated that "civic authorities will ensure all out efforts to keep Kamla Nagar
& surrounding area free of encroachment by taking regular action for removal of encroachment from time to time in co-ordination with local police."
CONT.CAS(C) 699/2011, 2/2012 Page 2 of3
Keeping in view the aforesaid report and affidavit, proceedings in the present contempt petitions are closed and notices issued are discharged.
However, SHO, PS Roop Nagar and the Assistant Commissioner, Civil
Lines Zone, North DMC are directed to personally ensure that Kamla Nagar area is kept free of encroachment and regular removal actions are taken from time to time.
NOVEMBER 30, 2015 rn
Keeping in view the aforesaid report and affidavit, proceedings in the present contempt petitions are closed and notices issued are discharged.
However, SHO, PS Roop Nagar and the Assistant Commissioner, Civil
Lines Zone, North DMC are directed to personally ensure that Kamla Nagar area is kept free of encroachment and regular removal actions are taken from time to time.
NOVEMBER 30, 2015 rn
CONT.CAS(C) 699/2011, 2/2012
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JUDGMENT