Delhi HC sentences man to 45-day imprisonment for demolishing neighbour’s wall

The court added, “A strong message has to be sent to the society that the orders of the Court cannot be flouted by using strong arm tactics”.

The boundary wall of the property belonging to Nirmal Jindal in Burari village was constructed in December 2020 on the basis of a court order in a property dispute case. The contemnor, Shyam Sunder Tyagi, on January 3 demolished the boundary wall. A day later, police registered an FIR in the matter and on May 4 filed a chargesheet before the Tis Hazari court.

In the contempt proceedings, the court on March 7 found Tyagi guilty of contempt of court and rejected his apology “on the ground that the manner in which the demolition was done… with the help of a JCB excavator machine… portrayed that the demolition was a willful and deliberate act… to flout the orders of this court”. It observed that the wall was built under the directions of the court and it was always open to Tyagi to approach the court.

The court was told that Jindal’s property is adjacent Tyagi’s property and there is a dispute between them regarding demarcation. The demolition was conducted because Tyagi was under the misconception that the wall had been constructed on his land, his counsel told the court.

However, the court observed that the order for construction of the wall in October 2020 was passed in the presence of Tyagi and now he cannot plead ignorance regarding the area where the boundary wall has been constructed.

“Demolition of the boundary wall took place on 03.01.2022, i.e. after more than a year of the construction of the boundary wall. This action, therefore, was not in the heat of the moment,” said the bench.

The court also said that Tyagi harboured the intention to terrorise Jindal and his actions demonstrate that he “possesses scant regard towards the orders of the Court, and has undermined the dignity of the Court and outraged the majesty of law”.