NEW DELHI MUNICIPAL COUNCIL Vs. DEEPAK JAIN

JUDGEMENT

(1.) BY order dated 11th September, 2012, the Presiding Officer of Appellate Tribunal, MCD, allowed the Appeal No.323/AT.M.C.D./12 and quashed the impugned demolition order passed by the petitioner. The matter was remanded to the petitioner for a fresh decision in terms of the said order. Directions were passed that the proceedings be conducted Chairperson herself or by any other senior officer duly appointed by her but above the rank of Superintendent Engineer. The status quo order was also passed with regard to the construction activity in the property in question.

(2.) THE respondent namely Deepak Jain who was not a party in the appeal filed the contempt petition before the Appellate Tribunal on 19th March, 2013, inter alia, alleging that the petitioner and the adjudicating authority were unnecessarily and deliberately prolonging the matter and they are committing contempt of the orders of the Tribunal.

(3.) BY order dated 2nd May, 2013, the learned Presiding Officer, Appellate Tribunal, MCD, on being informed that the remand back proceedings were in process, directed that the mere pendency of the contempt application should not be treated as a stoppage of those proceedings. In compliance of order dated 11 th September, 2012, by order dated 16th May, 2013 the petitioner, inter alia, came to the following conclusion: