CONTEMPT PETITION ON BEHALF OF THE PETITIONERS UNDER SECTION

11 AND SECTION 12 OF THE CONTEMPT OF COURTS ACT 1971 READ WITH

ARTICLE 215 OF THE CONSTITUTION TO BE FILED BEFORE THE HON’BLE
HIGH COURT AGAINST THE RESPONDENT / CONTEMNOR FOR
INTENTIONAL AND WILFUL DISOBEDIENCE / DISREGARD OF THE ORDER
PASSED BY THIS HON'BLE COURT WHEREBY THE RESPONDENT HAS
UNDER HIS SIGNATURE VIDE MEMO ISSUED INSTRUCTIONS TO THE SHO
TO ALLOW THE CONSTRUCTION WORK IN THE PREMISES WHICH IS IN
DEFIANCE OF THE ORDER PASSED BY THIS HON’BLE COURT WHEREBY
DIRECTIONS HAVE BEEN ISSUED TO THE POLICE TO IMPLEMENT THE
WORK STOP NOTICE

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

INDEX

S.NO. PARTICULARS PAGE

NO.

1. Urgent Application

2. Notice of Motion

3. Court Fees

4. CONTEMPT PETITION ON BEHALF OF THE

PETITIONERS UNDER SECTION 11 AND SECTION

12 OF THE CONTEMPT OF COURTS ACT, 1971

READ WITH ARTICLE 215 OF THE CONSTITUTION

AGAINST THE RESPONDENT / CONTEMNOR FOR

INTENTIONAL AND WILFUL DISOBEDIENCE

/DISREGARD OF THE ORDER DATED _____

 PASSED BY THIS HON'BLE COURT IN W.P (C)

NO.___ OF ___ TITLED AS SHRI ______ & OTHERS

V/S ______ MUNICIPAL CORPORATION AND

OTHERS ALONG WITH AFFIDAVIT.

5. ANNEXURE P-1

Copy of the order dated _____ passed by this Hon’ble

Court in W.P.(C) No. ___/___.

6. ANNEXURE P-2

Copy of the Work Stop Notice being Memo No. ______

dated ___

7. ANNEXURE P-3 A copy of the Memo No. _____ dated

____ of the Respondent issued instruction to the SHO

8. ANNEXURE P-4 A copy of the Writ Petition bearing

W.P.(C) No. ___ of _____

9. ANNEXURE P-5 A copy of the letter dated _____

10. ANNEXURE P-6 A copy of the letter dated ___

11. VAKALATNAMA AND SPA

PETITIONERS

THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

NO SERVICE IS REQUIRED BEING A CONTEMPT PETITION

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

URGENT APPLICATION

Please treat the accompanying Application as urgent in accordance with the

Rules of the Hon’ble High Court of ____

PETITIONERS

THROUGH

( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

 Versus

____ Municipal Corporation & Others …. Respondent

NOTICE OF MOTION

Take Notice that the accompanying Petition shall be listed at 10:30 a.m.

_____________ or any other date convenient to the Hon’ble Court.

PETITIONERS

THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF ______________________________

CIVIL CONTEMPT PETITION NO. OF _______
MEMO OF PARTIES
IN THE MATTER OF:-
1. Shri_______
S/o Shri_______
 Through Shri _______,
Special Power of Attorney Holder
R/o ___________________
_______________________
2. Shri ___________________
S/o ___________________
R/o ___________________
_______________________
3. Mrs. __________________
W/o _________________
Through Shri __________,
Special Power of Attorney Holder
R/o ___________________
_______________________
4. Mrs._______
W/o _______
Through Shri _______,
Special Power of Attorney Holder
R/o ___________________
_______________________
…PETITIONERS
Versus
Shri _______
The Assistant Engineer (Building)
_______MUNICIPAL CORPORATION,
Zonal Building, ____________________
__________________________________,
________________________________
…RESPONDENT /CONTEMNOR

PETITIONERS
THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :
IN THE HIGH COURT OF _____________________________
CIVIL CONTEMPT PETITION NO. OF _______

IN THE MATTER OF:-

1. Shri_______
S/o Shri_______
 Through Shri _______,
Special Power of Attorney Holder
R/o ___________________
_______________________
2. Shri ___________________
S/o ___________________
R/o ___________________
_______________________
3. Mrs. __________________
W/o _________________
Through Shri __________,
Special Power of Attorney Holder
R/o ___________________
_______________________
4. Mrs._______
W/o _______
Through Shri _______,
Special Power of Attorney Holder
R/o ___________________
_______________________
…PETITIONERS
Versus
Shri _______
The Assistant Engineer (Building)
_______MUNICIPAL CORPORATION,
Zonal Building, ____________________
__________________________________,
________________________________
…RESPONDENT /CONTEMNOR

CONTEMPT PETITION ON BEHALF OF THE PETITIONERS

UNDER SECTION 11 AND SECTION 12 OF THE CONTEMPT OF

COURTS ACT, 1971 READ WITH ARTICLE 215 OF THE

CONSTITUTION AGAINST THE RESPONDENT / CONTEMNOR

FOR INTENTIONAL AND WILFUL DISOBEDIENCE / DISREGARD

OF THE ORDER DATED ________ PASSED BY THIS HON'BLE

COURT IN W.P (C) NO._______ OF _______ TITLED AS SHRI_______

AND OTHERS V/S _______MUNICIPAL CORPORATION AND

OTHERS

HUMBLE PETITION ON BEHALF

OF THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. That the Petitioners herein are filing the present Contempt Petition

against the Respondent being the erring official of _______Municipal

Corporation who have intentionally and willfully disobeyed/disregarded

the order dated ________ passed by this Hon'ble Court in W.P.(C)

No._______ of _______ titled as “ Shri_______ and Others v/s

_______Municipal Corporation and Others”. Certified Copy of the

order dated ________ passed by this Hon’ble Court in W.P.(C)

No._______ of _______ titled as “Shri_______ and Others v/s

_______Municipal Corporation and Others” is annexed and marked

hereto as ANNEXURE-A.

2. That the Respondent has exceeded his authority by not complying with

the specific and unambiguous order dated ________ passed by this

Hon’ble Court in the matter titled as “Shri_______ and Others v/s

_______Municipal Corporation and Others” being Writ Petition (Civil)

No. _______ of _______. In willful and intentional

disobedience/disregard of the said order dated ________, whereby by

the Respondent has under his signature vide Memo No. __________

issued instructions to the SHO, _____ to allow the construction work in

the premises No._____, _____, _______ (hereinafter referred to as

 “_____”), which is in defiance of the order dated ________ passed by

this Hon’ble Court whereby directions have been issued to the Police to

implement the Work Stop Notice dated ____________.

3. That the Respondent has intentionally and willfully disobeyed the order

dated ________ passed by this Hon’ble Court and rather proceeded to

rely upon an Affidavit dated _____ submitted by the owners that if any

deviation/extra coverage is found in the premises, they will demolish the

same and considering the said Affidavit of the owners, the Respondent

has in defiance of the order dated ________ issued instructions to SHO

to allow the work of construction in the premises No._____.

4. That as is evident from the order dated ________ passed by this

Hon’ble High Court, the owners were required to agitate their

grievances before the Appellate Tribunal, MCD. It may further be

submitted that even under the provisions of the Delhi Municipal

Corporation Act, 1957 once the deviations in the construction have

been booked by the Respondent and Work Stop Notice have been issued

under Section 344(2) of DMC Act, it is the Appellate Tribunal, MCD

which is empowered to adjudicate the validity of the Work Stop Notice

dated ____________. It is submitted that the act of issuing instructions

by the Respondent to the Police to allow the construction work in

“_____”, tantamount to willful disobedience and defiance of the order

dated ________ of this Hon’ble Court.

5. That on ________, the Writ Petition was disposed of by this Hon’ble

Court only on the basis of Work Stop Notice dated ____________,

issued by the present Respondent to the SHO Police Station, _____.

 (i) That after the disposal of the Writ Petition vide order dated

________, it was for the Owners of the Premises No. _____

to approach the Appellate Tribunal, MCD to agitate their

grievances, if any, against the Work Stop Notice dated

____________.

(ii) That during ____________ to ____________ (i.e. ___ days)

no proceedings took place before the Appellate Tribunal,

_____, however, the Respondent so moto by simply relying

upon the Affidavit dated _____ of the Owners (of a date prior

to the order dated ________) containing an undertaking that

they will demolish the deviation/extra coverage, issued Memo

dated ____________, to SHO Police Station, _____ to allow

the construction work in the Premises No. _____.

A copy of the Memo No. ___________________ of the

Respondent issued instruction to the SHO is annexed and marked

hereto as ANNEXURE-B.

A copy of the Work Stop Notice being Memo No.

___________________ is annexed and marked hereto as

ANNEXURE-C.

6. That the brief facts leading to the filing of the present Contempt Petition

are enumerated herein below:-

a) That the Petitioners are joint owners of the building bearing No.

_______, _______ (hereinafter referred to as “_____”) which was

constructed as per the building plans sanctioned vide Memo No.

___________________ dated ______ by the then Municipal

Corporation of _______ now known as _______Municipal

Corporation. The Completion Certificate of _____ was granted by

 the Municipal Corporation of _______ vide Memo No. ______

dated ______ (also bearing Sl. No. ____ dated ______). Copy of the

Memos dated ______ & ______ are annexed and marked hereto as

ANNEXURE-D (Colly).

b) That the owners of the building bearing no. _____, _____, _______

(hereinafter referred to as “_____”), who were impleaded as

Respondent Nos. 7 to 9 in the said Writ Petition No. W.P.(C)

No._______ of _______ (hereinafter referred to as the “said

Owners”), which is adjoining to _____ belonging to the Petitioners

had commenced reconstruction of their building with effect from

January, _______ which is not only against the approved building

plans but are in clear violation / deviation of the Delhi- Building

Bye-Laws, 1983. The illegal and unauthorized construction against

the approved building plans/ building byelaws carried out by the said

Owners is a glaring and obtrusive threat to the life of the Petitioners

who are residing in _____.

c) That the Petitioners during the month of July, _______ were

apprised of the illegal and unauthorized construction being carried

out by the said Owners. Constrained by the unauthorized and illegal

construction, the Petitioners wrote a Complaint dated

_____________ vide DD No. __ to the SHO, Police Station,

_______, _____________, requesting the SHO to intervene and stop

the unauthorized construction. Copy of the Complaint dated

_____________ vide DD No. ___ sent by the Petitioner to the

Respondent No.2 is annexed and marked hereto as ANNEXURE-E.

d) That pursuant thereto, the said Owners in compliance with the

direction of the Station House Officer, Police Station, _______

stopped further unauthorized and illegal construction.

e) That the Petitioners subsequent to the stoppage of the illegal and

unauthorized construction carried out by the said Owners

commenced the repair work of damages and losses carried to their

premises i.e. _____ in the month of August, _______. However, the

Petitioners during the course of repair were shocked to observe that

the losses and damages causes to the building, _____ was massive.

f) That the Petitioners accordingly in a bid to verify the losses and

damages caused to the building, _____ sought the assistance of a

Structural Engineer namely ______. During the course of

ascertaining the damages and loses, the Petitioners were informed

that the extent and magnitude of the losses and damages caused to

the building, _____ were colossal. Accordingly, the Petitioners

requested the Structural Engineer to prepare and submit a report

encapsulating the losses and damages caused to the building, _____.

g) That the said Owners in utter disregard of the approved building

plans and Delhi Building Bye-Laws, 1983 and other statutory

provisions recommenced with further unauthorized and illegal

construction with effect from ______ _______.

h) That the Petitioners accordingly were constrained to address a letter

dated _________ to ____ and Police (Respondent Nos. 1 to 6 in the

Writ Petition), amongst others inter-alia praying that the illegal and

unauthorized construction be demolished forthwith as the same have

 damaged the building bearing no. _____. Copy of the letter dated

_________ sent by the Petitioners to the Respondent No.’s 1 to 6 is

annexed and marked hereto as ANNEXURE-F.

i) That thereafter, the Petitioners reliably learnt from newspaper

reports dated ___________ that in terms of a circular or a directive

issued by the Police Commissioner, _______ to the Station House

Officers, the Station House Officers have been restrained from

stopping any illegal or unauthorized construction. Copy of the

Newspaper Clipping as published in the Times of India Newspaper

dated ___________ is annexed and marked hereto as ANNEXURE-

G.

j) That the Petitioners thereafter sent another letter dated ___________

to the Respondent No.’s 1 to 6 amongst others enclosing therewith

photographs of the rampant unauthorized and illegal construction

against the approved building plans / building bye laws being carried

out by the Respondent No.’s 7 to 9 along with the Site Report dated

___________ of ______. The Petitioners respectfully state that the

following losses and damages had been caused to the building _____

due to the unauthorized and illegal construction carried out by the

Respondent No.’s 7 to 9:-

i) It is found that the foundation level of the building no.

_____ had been dug deeper than the building no. _____,

without taking due precautions to avoid the damages to the

building no. _____, and due to this excavation, the soil below

the footing of building no. _____ has become loose. Due to

 settlement of footing various cracks are developed in adjacent

horizontal & vertical grid.

ii) There is an extended construction of R.C. C. frame structure

in _____ on the backside in the setbacks much beyond the

construction of foot print setback of _____, building.

iii) As the building no. _____ is sagging due to settlement of

footing, the weight on columns of _____ has lost the stability

resulting into various cracks in various columns and beams.

iv) Due to these cracks, the plaster of walls in building

no._____ has been damaged in adjacent horizontal and

vertical grid and various other places.

v) Due to the water curing of walls of building no. _____, the

wall paint of building no. _____ has been damaged and lot of

seepage has started occurring on the adjacent horizontal and

vertical grid walls of Building No._____, and it needs to be

repainted.

k) The Petitioners also sought to place reliance on the Site Visit Report

dated ___________ issued by an Independent Structural Engineer

namely D& R Consultant who has rendered the following suggestions :-

“RETRO FITTING”

“It is suggested that first all the above damages to the building no.

_____ should be repaired/rectified immediately, so as to avoid further

damages to the Building No. _______, _______”

 In addition to the aforesaid, the diabetic mother of Petitioner No.2 who

is residing on the third floor of _____ has been adversely affected due to

the unauthorized construction carried out at _____. The mother of

Petitioner No.2 is now bereft of access to her easementary right of

passage of light or air or ventilation which have severely affected her

health.

Further, the unauthorized and illegal construction at _____ coupled with

illegal extensions and protruding parapets have already caused & may

further cause theft/burglary in the neighborhood more specifically at

_____ as the illegal extensions provide easy access to thieves and other

bad social elements in the neighboring building. It is submitted that on

_______ valuable belongings of the Petitioner No.3 who is residing on

the ____ Floor of _____ were stolen. Accordingly, FIR No. ___ of

_______ dated _______ under Sections 380/454 has been registered at

_______, Police Station.

Copy of the Letters dated ___________ sent by the Petitioners to the

Respondents is annexed and marked hereto as ANNEXURE-H (Colly).

Copy of the Site Visit Report dated ___________ is annexed and

marked hereto as ANNEXURE-I. Copy of the Photographs depicting

the unauthorized and illegal construction is annexed and marked hereto

as ANNEXURE-J. Copy of the FIR No. ___ of _______ dated

_______ under Sections 380/454 IPC, 1860 is annexed and marked

hereto as ANNEXURE-K.

l) The Petitioners herein sent another letter dated ._______ to the

Respondent No.’s 1 to 6 amongst others as some of the addresses stated

in the letter dated ___________ might have been incorrect. The

 Petitioners reiterated the following prayers which are reproduced herein

below:-

a) Direct the concerned Engineer of Municipal Corporation of

_______ to Stop the further construction on the _____ building

& maintain Status Quo. Sir, if the illegal & unauthorized

construction is not stopped than “_____” building may collapse

causing casualties of its occupants.

b) Direct the concerned Engineer from the Municipal Corporation

of _______ to Inspect the unauthorized & illegal construction

in the building No._____ and prepare the Status Report.

c) Direct the concerned Engineer to Demolish the illegal &

unauthorized construction carried out by the owner of the

“_____” building in clear violations / deviations, and against

the approved Building Plans, as the illegal & unauthorized

constructions carried out by the owner of the “_____” building

are not in accordance with the building bye-laws, and are

against the approved Building Plans and are in clear violations /

deviations of the Building Bye-Laws and the same has caused

losses & damages to our “_____” building thereby risking the

life of occupants of “_____” building.

Copy of the Letter dated _______ sent by the Petitioners to the

Respondents reiterating the contents of the letter dated

___________ is annexed and marked hereto as ANNEXURE-L.

7. That constrained by the inaction of the ____ and the Police, the

Petitioners herein filed a Writ petition bearing W.P.(C) No. _______ of

_______, before this Hon’ble Court on ____________. Pursuant to the

filing of the Writ Petition on ____________, the Petitioners were

 informed by the SHO Police Station, _____, _______ on 30.9._______,

that the Respondent has issued a Memo No. ___________________ to

SHO Police Station, _____, whereby the Respondent issued instructions

to the SHO that the construction activity in the Premises No. _____, be

stopped by the Police immediately and workmen present in the premises

be removed and the construction material including the tools, machinery

etc. involved in the execution of work may be seized forthwith so that

no further construction can be carried out at the site during holiday and

odd hours also. It is very clear from the said Memo dated

____________ that the Respondent was conscious of the fact that there

are deviations in the construction against the sanctioned building plans

which have been duly booked and while issuing the said Work Stop

Notice dated _______.

8. That on ________, when the Writ Petition came up for hearing before

this Hon’ble Court, a copy of the said Memo No.

___________________ was handed over by the Counsel of the

Petitioners to this Hon’ble Court and after hearing the Counsels

appearing on behalf of the parties and further being aware of the

contents of the Work Stop Notice vide Memo No.

___________________, this Hon’ble Court was pleased to dispose of

the said Writ Petition vide order dated ________. A copy of the Writ

Petition bearing W.P.(C) No. _______ of _______ is filed herewith as

ANNEXURE-M.

9. That in view of the aforesaid order dated ________ it is clear ;

i. That the Counsel who appeared on behalf of _______Municipal

Corporation made the following statement before the Hon’ble

Court :-
 “Mr. ______, Advocate, who appeared on behalf of

Respondent- _______Municipal Corporation states that

deviations against the sanctioned building plan have been

duly booked and Work Stop Notice dated _______ has

been issued to SHO, Police Station __________.”

That as it transpires from the above statement, the Advocate

appearing for the _______Municipal Corporation has specifically

informed this Hon’ble High Court that there are deviations

against the sanctioned building plan and the same have been duly

booked and Work Stop Notice dated _______ has been issued to

SHO, Police Station ____.

ii. That accordingly the _______ Police was directed by this

Hon’ble Court as under :-

“Consequently, respondent-_______ Police is directed to

forthwith implement the Work Stop Notice and respondent-

Corporation is directed to take steps in accordance with law

in view of the booking made. With the aforesaid

observations, present writ petition and applications are

disposed of.”

iii. That it was clarified in the order that if the said Owners are

aggrieved by the action of the Corporation (i.e. by the Work Stop

Notice dated ____________), they shall be at liberty to challenge

the same before the Appellate Tribunal, _____ in accordance

with law.

10. That the Petitioners thereafter came to know from the SHO, Police

Station, ____ that in intentional and willful disobedience/disregard of

 the order dated ________ passed by this Hon’ble Court, the Respondent

has under his signature vide Memo No. __________ issued instructions

to the SHO to allow the work of construction in the premises No._____,

_____, _______ by simply relying on an Affidavit dated _____

submitted by the said owners that if any deviation/extra coverage is

found in the premises, they will demolish the same. The Respondent has

treated the Affidavit dated _____ as a gospel truth and thus defied the

order dated ________ passed by this Hon’ble Court.

11. That by issuing the aforesaid Memo No. ___________________, the

Respondent has exceeded his authority which is against the said order

dated ________ passed by this Hon’ble Court whereby this Hon’ble

Court has directed the Police to implement the Work Stop Notice

____________ forthwith, and the said Memo dated ____________ of

the Respondent amounts to interfering with the order dated ________

passed by this Hon’ble Court.

12. That thereafter the Petitioners wrote a letter dated ____________ to the

Respondent categorically informing the Respondent that his Memo No.

___________________ issuing instructions to the Police to allow the

work of construction in the Premises No._____, is against the order

dated ________ of this Hon’ble Court whereby this Hon’ble Court

have issued specific and unambiguous directions to the Police to

implement the Work Stop Notice dated ____________, and it was also

informed to the Respondent that his Memo No. ___________________

amounts to interfering with the order dated ________. The Respondent

was further requested to withdraw his memo No. ___________ issuing

instruction to the Police to allow the work of construction in the

 Premises No._____. That the Respondent failed to take any action on

the said letter dated ____________ of the Petitioners.

A copy of the letter dated ____________ is attached herewith as

ANNEXURE-N.

13. That thereafter the Petitioners wrote another letter dated_______ to the

concerned ____ and Police as well as to the Respondent requesting the

following :-

(i) Restrain the Assistant Engineer (Building), _______Municipal

Corporation, Zonal Building, _______, _______, _______ (i.e. the

Respondent herein) from exceeding his authority by not complying with

specific and unambiguous order dated ________ of the Hon’ble High

Court of _______ passed in W.P.(C) _______ and CM Appls.

________________

WITH A FURTHER REQUEST TO ENSURE

(ii) Compliance of the Order dated ________ of the Hon’ble High

Court of _______ passed in W.P.(C) _______ and CM Appls.

______/_______ to forthwith implement the Work Stop Notice dated

_______, _______ to stop the construction work at property bearing

No._____, _____, _______

That even after the letter dated _______ of the Petitioners, the

Respondent has not taken any action to withdraw/revoke his Memo

dated ____________ so as to ensure compliance of the Order dated

________ of this Hon’ble High Court.

A copy of the letter dated_______ is attached herewith as

ANNEXURE-O.
14. That the Respondent have committed grave and flagrant Contempt of

Court squarely falling within the definition of Civil Contempt under

Section 2(b) of the Contempt of Courts Act, 1971 by deliberately,

willfully and contumaciously disobeying/disregarding the said order

________ of this Hon’ble High Court and that for such contempt the

Respondent ought to be punished under Section 12 of the Contempt of

Court Act, 1971. The Respondent herein has scant respect towards the

majesty of justice as it is in willful and continuous defiance of the order

dated ________ passed by this Hon’ble Court.

15. That the Petitioners submits that this Hon'ble Court by virtue of Section

11 of the Contempt of Courts Act, 1971 read with Article 215 of the

Constitution has the power to entertain petitions for Contempt of the

Order ________ passed by this Hon’ble Court. This Hon'ble Court,

therefore, has the jurisdiction to entertain and try the present petition for

Contempt.

16. The instant Petition is within limitation.

PRAYER

In view of the above, it is most humbly and respectfully prayed that this

Hon'ble Court may graciously be pleased to:-

a) Initiate Contempt proceedings and punish the

Respondent/Contemnor for Contempt of the order dated ________

passed by this Hon'ble Court in W.P.(C) No._______ of _______

titled as Shri _______ and Others v/s _______Municipal

Corporation and Others ;

 b) Direct the Respondent/Contemnor to purge the contempt by

revoking/withdrawing his Memo No. ___________ addressed to

SHO Police Station, ____, _______.

c) Pass ad-interim ex parte orders in terms of prayer (b) above; and

d) Pass such further and other order/s as may be deemed fit and proper

in the facts and circumstances of the case.

PETITIONERS

THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

AFFIDAVIT

I, Shri ________ S/o Shri ________, aged about ___ years, resident of

_____________________________, do hereby solemnly affirm and declare as

under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No.1 and am well conversant with the facts of the case, and

hence competent to depose this affidavit.

2. That the accompanying Contempt Petition under Section 11 and 12 of

the Contempt of Courts Act, 1971 read with Article 215 of the

Constitution has been drafted by my counsel on my instructions. The

contents of the same are not being reproduced here for the sake of

brevity but those may kindly be read as part & parcel of this Affidavit

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at _____ on this day of ______, ______, that the contents of

aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my

knowledge and belief, no part of it is false and nothing material has been

concealed therefrom.

DEPONENT

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

AFFIDAVIT

I, Shri ________ S/o Shri ________, aged about ___ years, resident of

_____________________________, do hereby solemnly affirm and declare as

under:-

1. That I am the Petitioner No.2 in the above noted Petition and I am

conversant with the facts of the case and hence competent to affirm this

Affidavit.

2. That the accompanying Contempt Petition under Section 11 and 12 of

the Contempt of Courts Act, 1971 read with Article 215 of the

Constitution has been drafted by my counsel on my instructions. The

contents of the same are not being reproduced here for the sake of

brevity but those may kindly be read as part & parcel of this Affidavit

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION:

Verified at _____ on this day of _____, _____, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

AFFIDAVIT

I, Shri ________ S/o Shri ________, aged about ___ years, resident of

_____________________________, do hereby solemnly affirm and declare as

under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No. 3 and am well conversant with the facts of the case and

hence competent to depose this affidavit.

2. That the accompanying Contempt Petition under Section 11 and 12 of

the Contempt of Courts Act, 1971 read with Article 215 of the

Constitution has been drafted by my counsel on my instructions. The

contents of the same are not being reproduced here for the sake of

brevity but those may kindly be read as part & parcel of this Affidavit

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at ____ on this day of ____, _____, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT

IN THE HIGH COURT OF ____________

CIVIL CONTEMPT PETITION NO. OF _____

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

AFFIDAVIT

I, Shri ________ S/o Shri ________, aged about ___ years, resident of

_____________________________, do hereby solemnly affirm and declare as

under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No.4 and am well conversant with the facts of the case and hence

competent to depose this affidavit.

2. That the accompanying Contempt Petition under Section 11 and 12 of

the Contempt of Courts Act, 1971 read with Article 215 of the Constitution has

been drafted by my counsel on my instructions. The contents of the same are

not being reproduced here for the sake of brevity but those may kindly be read

as part & parcel of this Affidavit

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at ______ on this day of _____, _____, that the contents of

aforesaid Affidavit of mine contained in para 1 to 3 are true and correct to my

knowledge and belief, no part of it is false and nothing material has been

concealed therefrom.

DEPONENT

IN THE HIGH COURT OF _________________________

CM NO._______ OF _______
IN
 CIVIL CONTEMPT PETITION NO. OF _______

IN THE MATTER OF :

Shri _________ & Others ….Petitioners

Versus

____ Municipal Corporation & Others …. Respondent

APPLICATION ON BEHALF OF THE PETITIONERS UNDER THE

PRINCIPLES OF SECTION 151 OF THE CODE OF CIVIL

PROCEDURE, 1908 SEEKING EX-PARTE AD-INTERIM STAY OF

THE OPERATION OF THE MEMO NO. ___________ ADDRESSED BY

THE RESPONDENT TO THE SHO POLICE STATION, ____, _______.

MOST RESPECTFULLY SHOWETH

1. That the Petitioners herein are filing the present Contempt Petition

against the Respondent being the erring official of _______Municipal

Corporation who have intentionally and willfully disobeyed/disregarded

the order dated ________ passed by this Hon'ble Court in W.P.(C)

No._______ of _______ titled as “Shri_______ and Others v/s

_______Municipal Corporation and Others”.

2. That the Respondent has exceeded his authority by not complying with

the specific and unambiguous order dated ________ passed by this

Hon’ble Court in the matter titled as “Shri_______ and Others v/s

_______Municipal Corporation and Others” being Writ Petition (Civil)

No. _______ of _______. In willful and intentional

disobedience/disregard of the said order dated ________, the Respondent

has under his signature vide Memo No. ___________________ issued

instructions to the SHO, _____ to allow the construction work in the

premises No._____, _____, _______ (hereinafter referred to as

 “_____”), which is in defiance of the order dated ________ passed by

this Hon’ble Court whereby directions have been issued to the Police to

implement the Work Stop Notice dated ____________.

3. That the Respondent has intentionally and willfully disobeyed the order

dated ________ passed by this Hon’ble Court and rather proceeded to

rely upon an Affidavit dated _____ submitted by the owners that if any

deviation/extra coverage is found in the premises, they will demolish the

same and considering the said Affidavit of the owners, the Respondent

has in defiance of the order dated ________ issued instructions to SHO

to allow the work of construction in the premises No._____.

4. That as is evident from the order dated ________ passed by this Hon’ble

High Court, the owners were required to agitate their grievances before

the Appellate Tribunal, MCD. It may further be submitted that even

under the provisions of the Delhi Municipal Corporation Act, 1957 once

the deviations in the construction have been booked by the Respondent

and Work Stop Notice have been issued under Section 344(2) of DMC

Act, it is the Appellate Tribunal, MCD which is empowered to adjudicate

the validity of the Work Stop Notice dated ____________. It is

submitted that the act of issuing instructions by the Respondent to the

Police to allow the construction work in “_____”, tantamount to willful

disobedience and defiance of the order dated ________ of this Hon’ble

Court.

5. That on ________, the Writ Petition was disposed of by this Hon’ble

Court only on the basis of Work Stop Notice dated ____________,

issued by the present Respondent to the SHO Police Station, _____.

6. That after the disposal of the Writ Petition vide order dated ________,

it was for the Owners of the Premises No. _____ to approach the
 Appellate Tribunal, MCD to agitate their grievances, if any, against the

Work Stop Notice dated ____________.

7. That the Petitioners verily believe that no proceedings have taken place

before the Appellate Tribunal, MCD, however, the Respondent suo moto

by simply relying upon the Affidavit dated _____ of the Owners (of a

date prior to the order dated ________) containing an undertaking that

they will demolish the deviation/extra coverage, issued Memo dated

____________, to SHO Police Station, _____ to allow the construction

work in the Premises No. _____.

8. That the Petitioners respectfully state that it is imperative that the

operation of the Memo dated ____________ issued to the SHO Police

Station, ____ is stayed during the pendency of the present Petition as it is

not only in defiance and disobedience of the order dated ________

passed by this Hon’ble Court but the implementation of the said Memo

dated ____________ is of a grave threat to the Petitioners who are

residing in the property bearing _____, _____. The Petitioner place

reliance on the Site Visit Report dated ___________ filed along with the

present Petition.

9. The present application is made bonafide and in the interest of justice.

PRAYER

In the facts and circumstances stated hereinabove this Hon’ble Court

may kindly be pleased to :-

A. Pass an ex-parte ad-interim order staying the operation of the Memo No.

___________________ addressed by the Respondent/Contemnor to

SHO Police Station, ____, _______;

 B. Pass such further and other order/s as may be deemed fit and proper in

the facts and circumstances of the case.

PETITIONERS

THROUGH
( )
ADVOCATE
ENROLLMENT NO………
ADDRESS:………………
EMAIL:…………………
MOB. NO………………
Place :_____
Signed on: ___________
Filed on :

IN THE HIGH COURT OF _________________________

CM NO._______ OF _______
IN
CIVIL CONTEMPT PETITION NO. OF _______

IN THE MATTER OF :
Shri _________ & Others ….Petitioners
Versus
____ Municipal Corporation & Others …. Respondent
AFFIDAVIT

I, Shri ______ S/o Shri ______, aged about ____ years, resident of

___________, do hereby solemnly affirm and declare as under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No.1 and am well conversant with the facts of the case, and

hence competent to depose this affidavit.

2. That the accompanying Application under Section 151 CPC, 1908

seeking exemption from filing certified copies of the order dated

______ of this Hon'ble Court as well as the documents has been drafted

by my counsel on my instructions. The contents of the same are not

being reproduced here for the sake of brevity but those may kindly be

read as part & parcel of this Affidavit.

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at ____ on this day of _____, _____, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT

IN THE HIGH COURT OF _________________________

CM NO._______ OF _______
IN
CIVIL CONTEMPT PETITION NO. OF _______
IN THE MATTER OF :
Shri _________ & Others ….Petitioners
Versus
____ Municipal Corporation & Others …. Respondent
 AFFIDAVIT

I, Shri ______ S/o Shri ______, aged about ____ years, resident of

___________, do hereby solemnly affirm and declare as under:-

1. That I am the Petitioner No.2 in the above noted Petition and I am

conversant with the facts of the case and hence competent to affirm this

Affidavit.

2. That the accompanying Application under Section 151 CPC, 1908

seeking exemption from filing certified copies of the order dated

______ of this Hon'ble Court as well as the documents has been drafted

by my counsel on my instructions. The contents of the same are not

being reproduced here for the sake of brevity but those may kindly be

read as part & parcel of this Affidavit.

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION:

Verified at ____ on this day of ____, ____, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT

IN THE HIGH COURT OF _________________________

CM NO._______ OF _______
IN
CIVIL CONTEMPT PETITION NO. OF _______

IN THE MATTER OF :
Shri _________ & Others ….Petitioners
Versus
____ Municipal Corporation & Others …. Respondent
AFFIDAVIT

I, Shri ______ S/o Shri ______, aged about ____ years, resident of

___________, do hereby solemnly affirm and declare as under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No. 3 and am well conversant with the facts of the case and

hence competent to depose this affidavit.

2. That the accompanying Application under Section 151 CPC, 1908

seeking exemption from filing certified copies of the order dated

______ of this Hon'ble Court as well as the documents has been drafted

by my counsel on my instructions. The contents of the same are not

being reproduced here for the sake of brevity but those may kindly be

read as part & parcel of this Affidavit.

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at _____ on this day of _____, ____, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT

IN THE HIGH COURT OF _________________________

CM NO._______ OF _______
IN
CIVIL CONTEMPT PETITION NO. OF _______

IN THE MATTER OF :
Shri _________ & Others ….Petitioners
 Versus
____ Municipal Corporation & Others …. Respondent
AFFIDAVIT

I, Shri ______ S/o Shri ______, aged about ____ years, resident of

___________, do hereby solemnly affirm and declare as under:-

1. That I am the Special Power of Attorney holder on behalf of the

Petitioner No.4 and am well conversant with the facts of the case and hence

competent to depose this affidavit.

2. That the accompanying Application under Section 151 CPC, 1908

seeking exemption from filing certified copies of the order dated ______ of

this Hon'ble Court as well as the documents has been drafted by my counsel on

my instructions. The contents of the same are not being reproduced here for

the sake of brevity but those may kindly be read as part & parcel of this

Affidavit.

3. That the contents of the Affidavit are true & correct to my knowledge.

DEPONENT

VERIFICATION :

Verified at _____ on this day of ____, ___, that the contents of aforesaid

Affidavit of mine contained in para 1 to 3 are true and correct to my knowledge

and belief, no part of it is false and nothing material has been concealed

therefrom.

DEPONENT