HC raps NDMC for non-compliance of order on religious sites

"We are of the considered opinion that the NDMC has undoubtedly not given due regard/weightage to the orders of this court," a bench headed by Chief Justice D Murugesan and Justice Rajiv Sahai Endlaw said and asked the civic body to construct walls around all four sites within one month.

On the plea of registered society Anjuman-e-Haideri, the court earlier on May 17 and September 25 last year had asked NDMC to construct walls around four sites -- Chhoti Karbala, Dargah Shah-E-Mardan, Nakkarkhana and Kanati Masjid here.

The NDMC, in response to the contempt notice, said it has already constructed "the boundary wall with the assistance of Delhi Police in regard to two properties, being Chhoti Karbala and Kanati Masjid and is not in wilful disobedience of any direction qua the other two properties."

It, however, did not construct walls around Dargah Shah-E-Mardan and Nakkarkhana saying it faced "certain difficulties" and they still persist.

Refusing to allow NDMC's plea, the court said, "A litigant against whom orders have been made, does not have the option to comply or not to comply therewith and if facing difficulty in compliance, is required to immediately approach this court. Unless such rule is strictly followed, the orders of this court shall lose their sanctity.

"Having observed so, but considering the nature of the dispute and the sensitivity of the matter involved and giving the benefit of doubt to NDMC, we dispose of this contempt petition with direction to NDMC to construct the boundary wall within one month hereof and in accordance with the demarcation report. If the order still remains un-complied, no further indulgence shall be shown," the court said.