Jurisdiction of contempt of court
Tripathi
(Querist) 22 May 2017
This query is : Resolved
Dear Sirs,
My neighbor has made illegal constructions and we filed the Civil suit. Under Lok Adalat Decree as settlement both the MCD (municipal corporation of delhi) & the neighbor have given a written statement that they will demolish the illegal constructions failing which they can be prosecuted for contempt of court proceedings.
Only cosmetic demolition was done by the MCD and neighbor has onceagain reconstrcuted the parially demolished portions.
The MCD infact, filed a police complaint also as "workshop notice" against the neighbor on the re-construction.
We have also filed the execution petition wherein the MCD has submitted an affidavit that they will demolish the full constructions on 30th April'17 but did not do the same.
My friends says that we should file contempt of court petition in the Hon'ble Court against the MCD and neighbor.
I was informed that the local courts in Delhi do not have jurisdictions or power to initiate the contempt of court proceedings. Only the Hon'ble High Court has the power to initiate the actions contempt of court petitions.
1. Some says that the Contempt of Court Petition has to be filed only withe local court that has pronounced the judgement.
2. Some says that contempt of Court has to be filed only with the Hon'ble High Court.
3. Some says that the contempt of Court has to be filed in the local court with a request to refer the contempt petition to the Hon'ble High Court so that the local court forwards the same.
We are really confused on which one to be followed. Kindly clarify.
4. In case we file the contempt of court petition with local court with a request to refer to the Hon'ble high court, how much time the Hon'ble local court will take the same for referring to the Hon'ble High Court.
5. Under which section of the law the Contempt of Court can be filed to get maximum punishment for the people who did not obey the judgement of the Lok Decree.
Apologies for the inconvenience caused.
With regards,
Ms.Tripathi
Arvind Singh Chauhan
(Expert) 22 May 2017
I am also eager to know the openion of seniors on the question of jurisdiction and procedure for contempt of court.
I think you have an option more,- execution of decree.
Tripathi
(Querist) 22 May 2017
Dear Sir,
I have filed the execution petition already and M C D has given an affidavit for demolition but did not undertake the demolition.
Hence I wish to file the contempt of court petition and wants to have clarity on jurisdiction .
Regards
Ms. Tripathy
