Samast Jawala Heri Gaon Residents Welfare Association (Regd.) vs Sh. Sandeep Kumar & Anr.

$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of decision:15 October, 2026
# CNR No. DLHC010105882026
+ CONT.CAS(C) 452/2026
SAMAST JAWALA HERI GAON RESIDENTS WELFARE
ASSOCIATION (REGD.)
At WZ-67, Jawala Heri, New Delhi-110063
Through Its General Secretary
Sh. Devender Kumar .....Petitioner
Through: Mr. Pankaj Tomar, Adv.
versus
1. SH. SANDEEP KUMAR
Deputy Commissioner
Municipal Corporation of Delhi
Keshav Puram Zone
Delhi-1100352. .....Respondent No.1

2. SH. RAJPAL MEENA
Station House Officer
P.S. Paschim Vihar (East)
New Delhi-110063 ...Respondent No. 2
Through: Ms. Anju Tyagi, SPC with Ms.
Archana Kumari, G. P. for Delhi
Police.
Mr. Manu Chaturvedi, Standing
Counsel for MCD.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T ( oral )

1. Contempt Petition (Civil) under Sections 11 and 12 of the Contempt
of Courts Act, 1971, has been filed on behalf of the Petitioner for initiation
CONT.CAS(C) 452/2026 Page 1 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52

of contempt proceedings for wilful and deliberate disobedience of the Order
dated 06.08.2025 in W.P.(C) No. 11732/2025.
2. It is submitted in the petition that the Petitioner, Residents Welfare
Association (Regd.), had filed W.P.(C) No. 11732/2025 complaining of
large-scale illegal encroachments and unauthorised permanent construction
on the internal road—from Shop No. 14, Sarbati Extension, to House No.
19, and from Kumar Sweets to House No. 52-B—as well as on Phirni Road
and the adjoining streets of Jawala Heri Village and Market, Delhi. It was
alleged that the encroachments had narrowed the surrounding roads into
alleys, gravely endangering public safety and obstructing emergency
services. The Petition was disposed of by the Division Bench vide Order
dated 06.08.2025 by observing as under:-
“2. For redressal of his grievances the petitioner has
already approached the Administrative Reforms and Public
Grievances Department as is apparent from a perusal of the
complaint, which is said to have been received on 25.03.2025
and has been enclosed as Annexure P-6.
3. Accordingly, without expressing any opinion as to the
issue raised in this petition, we dispose of this writ petition with
a direction to the competent authority of the respondent to look
into the said complaint and take appropriate decision and action
which may be warranted under law with expedition.”

3. The aforesaid Petition was disposed of with the direction to the
competent authority of the respondent, to take appropriate action as
warranted under law, with expedition.
4. Pursuant to these directions on 12.11.2025, a joint anti-encroachment
drive was conducted by the officials of Municipal Corporation of Delhi and
Delhi Police and the unauthorised permanent encroachments were removed
from Dilip Singh Park till Haryana Dairy on Phirni Road, Jawala Heri
CONT.CAS(C) 452/2026 Page 2 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52

Village. This action was widely acknowledged by local residents.
5. However, shockingly and in complete disregard for the authority of
this Hon’ble Court, the same encroachers, with impunity and without fear of
the law, once again reoccupied the very same public road by raising
permanent and semi-permanent structures at the identical locations from
which the encroachments had been removed by the concerned authorities.
6. It is claimed that the re-encroachment is not accidental or temporary
but is deliberate, organised and structural in nature, clearly demonstrating
that the Respondents have failed to ensure compliance with the judicial
mandate and have allowed the situation to revert to complete illegality.
7. Aggrieved by the said wilful defiance, the Petitioner had lodged a
detailed complaint dated 08.01.2026 before the Deputy Commissioner of
Police, Delhi, through the Public Grievance Monitoring System of the
Hon’ble Chief Minister’s Office, Delhi, bearing ID No. DEL/2026187815.
8. Instead of taking any coercive or preventive action, the Police
authorities merely recorded a perfunctory “final action,” stating that the
matter had been enquired into by the ACP, Paschim Vihar, and that the
Petitioner had informed the MCD, thereby washing their hands of their
statutory and court-mandated responsibilities.
9. The Petitioner further alleged that this amounted to a conscious
abdication of duty, as the Police are under a clear obligation to prevent the
recurrence of illegal acts, particularly when such acts violate a judicial order.
It is further stated that an identical complaint dated 08.01.2026 was
submitted to the Commissioner, MCD, through the Public Grievance
system, bearing ID No. DEL/2026186031, but the MCD failed to demolish
the fresh structures, initiate prosecution, impose penalties, or take sealing
CONT.CAS(C) 452/2026 Page 3 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52

action.
10. The Petitioner then submitted Written Complaint dated 27.01.2026,
drawing attention to the encroachments and seeking strict penal and
preventive action against the encroachers. However, it is alleged that the
Respondents took no action. The Petitioner further claimed that the
Respondents’ silence and inaction emboldened the encroachers, who
continued to violate the law and judicial directions openly and fearlessly,
thereby rendering the Order dated 06.08.2025 meaningless and ineffective.
Hence, the Contempt Petition was filed, seeking punishment of the
Respondents under the Contempt of Courts Act.
11. The Status Report has been filed on behalf of the Municipal
Corporation Delhi, wherein it has been explained, that upon receipt of the
Petitioner’s complaint regarding the re-encroachments, a Letter dated
20.04.2026 has been sent to the SHO, PS Paschim Vihar (East), Delhi, for
taking the necessary action. The same be taken on record.
12. Along with the Status Report, photographs and various letters are
filed along with the Standing Order No. L&O/81/2022 detailing the
responsibility of the Police regarding unauthorised construction and
encroachment on the Government land. It is submitted that the Zonal
Assistant Engineers (Building), have been legally empowered to sign and
issue letters to the Police Authorities under Section 344 (2) of DMC Act.
13. Thereafter, the SHO to whom the letter is addressed, has to take
immediate action to stop the construction, remove the workmen and seize
the construction material, including tools and machinery. Further, the MCD
is mandated to depute staff to take over the seized goods during the
operation, after which the goods were to be deposited with the J.E. (Store).
CONT.CAS(C) 452/2026 Page 4 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52

14. However, if it is not practically possible for the Police Officer in-
Charge to give advance intimation to the MCD authorities, the Police
Officer shall, after the seizure of the goods, intimate the MCD authorities for
taking over the said goods. Further, for any violation of DMC Act, it is
required to be intimated to the concerned Municipal Officer by the Officer-
in-charge of the Police Station as per Section 475 of the Act.
15. It was submitted on behalf of the Respondent No. 1 that all
encroachments in the area had been removed on 12.11.2025, a fact admitted
by the Petitioner in the Writ Petition, wherein it had also stated that the
Respondents’ action was applauded. It was further submitted that the
encroachers had again encroached upon the market area and that action had
already has been initiated.
16. Respondent No. 2, the SHO, P.S. Paschim Vihar East, stated in his
Status Report that the identification of encroachments, determination of the
ownership or municipal status of the land, and removal or demolition of
unauthorised structures, fall within the jurisdiction of the competent civic
authority, in accordance with law. It was further stated that 11 FIRs had
been registered against the encroachers between 02.03.2026 and 04.10.2026,
the details of which were set out in the Status Report. The Status Report also
stated that P.S. Paschim Vihar East had been taking continuous and
sustained action, in accordance with law, against incidents involving the
market area.
17. Learned counsel for the Delhi Police also submitted that action is
being taken, pursuant to the letter received from the MCD.
Submissions heard and the record perused .
18. It is evident from the averments in the Petition itself that, pursuant to
CONT.CAS(C) 452/2026 Page 5 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52

the Order dated 06.08.2025, the Respondents undertook a joint anti-
encroachment drive on 12.11.2025 and completely removed the
encroachments, a fact acknowledged by the Petitioner itself.
19. Pursuant to the subsequent encroachments, which have been made
again, the Respondents/MCD and the Delhi Police are taking action in
accordance with law. It cannot be overlooked that this is a recurring issue
requiring redress, whenever encroachers reappear at the sites. It cannot be
said that the Respondents wilfully or contumaciously disobeyed the Court’s
directions; however, the Respondents have already initiated steps for
removal of the encroachments.
20. No further directions are merited in the present Contempt Petition,
which is hereby disposed of.

(NEENA BANSAL KRISHNA)
JUDGE
OCTOBER 15, 2026/RS
CONT.CAS(C) 452/2026 Page 6 of 6


Signature Not Verified
Digitally Signed
By:VIKAS ARORA
Signing Date:16.10.2026
18:14:52