VIMLENDU JHA Vs. ANOOP KUMAR MITTAL

JUDGEMENT

(1.) The petitioner alleges willful violation and disobedience of an undertaking given to this Court on 25.06.2018.

(2.) As per the petition, in the morning of 26.06.2018, the workers of NBCC were cutting down the trees in Netaji Nagar, in utter disregard, deliberate and willful disrespect of the order dated 25.06.2018 passed by this Court. It is also averred in the contempt petition that the petitioner was constraint to intervene and he attempted to stop the officials and workers of NBCC from felling trees. However, he could not stop them from felling the trees. Resultantly, the petitioner was forced to call the police to stop workers of NBCC. In para 5 of the contempt petition, an averment has been made that by the time the police arrived, three trees had been cut down. The petitioner filed a police compliant with the SHO, Sarojini Nagar Police Station on the same date. In para 6 of the contempt petition, it has been averred that on refusal of the police to register an FIR, the Minister of Food and Civil Supplies, Environment and Forest and Election, Government of NCT of Delhi, intervened and directed that necessary action, including registration of an FIR against the defaulters be taken.

(3.) Notice was issued in this matter. Reply has been filed. In the reply the respondent has categorically stated that the petition is malafide, motivated and contrary to the facts and record. A categorical assertion has been made that there is no violation and disobedience of the order dated 25.06.2018 and the allegations are false. An attempt has been made to harass the respondent, who is a CMD of a public sector undertaking. As per the reply, post passing of the order dated 25.06.2018, the senior officials of the NBCC, in-charge of the projects, who were present in Court, on the same date, issued written directions to all four contractors deployed at GPRA Colony Netaji Nagar site, assigned with different project activities. Directions of the Court were brought to their notice and instructions were issued to refrain from cutting/pruning any trees/branches till the next date of hearing i.e. 04.07.2018. Besides telephonic and verbal intimation was also given by Project Head/In-charge to all contractors and their authorized representatives to strictly comply with the undertaking and order dated 25.06.2018. Copies of the letters/instructions dated 25.06.2018 have been filed along with the reply. The allegation of three trees having been cut down is categorically denied. It is, in fact, pointed out that after pruning of trees (although denied) was brought to the notice of the respondents through reports in the media, the SHO was immediately informed about the order passed by the Court and directions issued to all deployed contractors to comply with the same. The chief General Manager requested the SHO, PS Sarojini Nagar to investigate into the matter and book the culprits in the above activity, if found involved. Copy of the letter dated 27.06.2018 has also been annexed with the reply.