Contempt plea in Delhi HC against civic body's officials for encroaching pavement
Apr 12, 2022
New Delhi [India], April 12 : A contempt petition has been moved in the Delhi High Court by advocate-activist Amit Sahni against North Delhi Municipal Corporation (North MCD) Officials for allegedly raising the construction of the permanent structure in the shape of the Tehbazari kiosk on the pavement at Karol Bagh.
The plea stated that the said construction which would cause hindrance to the free flow of pedestrian movement in utter violation of the order passed by the court in 2018.
It stated that the respondent's officials have now permitted constructions on the pavements adjoining the park at Azmal Khan Park, Karol Bagh, New Delhi in utter violation of Order dated March 13, 2018, passed by the Division Bench of this Court and the said illegal construction over the pavements have been carried out at the behest of respondents themselves.
The plea stated that the court had earlier directed, "At the moment most of the pavements appear to be completely encroached. An appropriate enforcement action to ensure that minimum pedestrian use is available at any given point of time and at all times shall also be ensured. Likewise, monitoring is directed on a day-to-day basis. Appropriate and proper publicity with respect to the measures to be taken shall be given by the Delhi Police as well as the concerned MCDs."
"This decision applies to all Corporations i.e South Delhi Municipal Corporation, North Delhi Municipal Corporation, East Delhi Municipal Corporation, and New Delhi Municipal Council. All agencies - including, North Delhi Municipal Corporation, shall ensure that no permanent or semi-permanent structure(s), which cause hindrance to the free flow of pedestrian movement, exists on any pavement," said Delhi HC's previous order
The contempt petition stated that the petitioner had earlier issued a legal notice in January this year to the respondents thereby calling them to withdraw the order dated 26-11-2021, whereby the respondents had directed the Tehbazari Kiosk Allottee to construct their Kiosk near Azmal Khan Park.
It further stated that pursuant to the issuance of Legal Notice construction was not carried out but this month construction has already started in violation of the judgment passed by the Division Bench of Delhi High Court.
