RAJIV CHOUDHARY Vs. JAGDISH NARAIN KHANNA

JUDGEMENT

(1.) In these contempt petitions, it is alleged that the respondents had deliberately disregarded and violated interim orders passed by this court while dealing with Special Leave Petitions (C) Nos. 14760-62 of 1992 filed against an order of the Delhi High court.

(2.) The petitioner had filed a writ petition in the Delhi High court in which it was, inter alia, contended that Jagdish Narain Khanna, the contemner, (Respondent I herein) was the owner of House No. 47, Sunder Nagar, New Delhi which had been demolished and he was in the process of completing an illegal construction for opening of a 50-bed hotel. In the aforesaid petition, an interim order dated 30/9/1992 was passed by the High court. In the said order, the statement of counsel for the contemner herein was recorded which was to the effect that the construction at House No. 47, Sunder Nagar, New Delhi was being carried on as per the sanctioned plan and that it was a residential house. It was further stated by the counsel that when the construction is completed, the contemner will apply to the Municipal Corporation of Delhi (hereinafter referred to as the 'mcd') for grant of completion certificate and that the said premises will not be used for any other purpose. It was further stated that if the contemner will use the premises for any other use except residential or even for running a guest- house, he will do so only after getting permission from the appropriate authority. The High court ordered that the contemner herein shall remain bound by the statement of his counsel.

(3.) Aggrieved by the aforesaid order dated 30/9/1992, the petitioner herein filed Special Leave Petitions (C) Nos. 14760-62 of 1992 along with application for stay. While issuing notice, this court by order dated 13/11/19922 directed that there will be ad interim injunction restraining the contemner from using the premises in question for any commercial purpose.