RAKESH JAIN Vs. NDMC & ORS

JUDGEMENT

(1.) By this petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act for willful disobedience of the order dated 3rd November 2009 in W.P. (C) 6403 of 2007. On 3rd November, 2009, this Court had given following directions: "Counsel for the NDMC submits that the demolition action has already been taken and NDMC is not contemplating any further demolition. In case any further demolition is to be carried out, a show cause notice shall be issued to the petitioner in accordance with law. Accordingly, writ petition is dismissed as withdrawn with liberty as prayed for. All applications also stand disposed of."

(2.) The petitioner has filed this contempt petition alleging that on 23rd February 2010 further action was taken by NDMC without any show cause notice.

(3.) It is true that where an unauthorized construction is carried out by a party within its own premises without a sanctioned plan, in order to take action against such unauthorized construction, the municipal authority has to serve a show cause notice. However, where unauthorized construction is carried out on public ways or open areas left for public use, no notice is required to be given by the municipal authorities to remove such encroachment.