Takes strong exception to the civic body's decision to deseal several unauthorised farm houses and banquet halls in the Capital.
Taking strong exception to the civic body's decision to deseal several unauthorised farm houses and banquet halls in the Capital, the Delhi High Court today held the MCD Commissioner and its chief law officer "prima facie guilty" of committing criminal contempt of court. A Division Bench of Acting Chief Justice Vijender Jain and Justice Kailash Ghambhir asked the two officials to appear before the court on August 21 with their replies and personally explain their action.
The directions followed a complaint by the Bhrashtachar Virodhi Sangathan which alleged that several unauthorised farm houses and banquet halls which were ordered to be closed down by the court were being again reopened by the MCD under the cloak of the recently introduced Delhi Laws (Special Provisions) Act, 2006.
Counsel Manjit Singh Ahulwalia appearing for the organisation furnished in the court a copy of the June 9, 2006 circular issued by S K Sharma, Chief Law Officer wherein the de-sealing was ordered. Quoting the legal opinion tendered by the Additional Solicitor General, the circular stated that those farm houses/banquet halls, which had been unauthorisedly developed prior to January one, 2006 are entitled to protection under Section 3 of the Act and those constructed after January one, 2006 were also entitled to protection under Section 4 of the same Act.
The counsel argued that the said circular was not only illegal but also was contemptuous of the court as the Bench had earlier by a series of directions oredered closure of the unauthorised farm houses and banquet halls in the residential areas as they were causing severe traffic jams and chaos in the city.
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