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Delhi High Court - Orders

Kamaladityya Construction Pvt. Ltd vs Rail Land Development Authority & Anr on 25 July, 2022

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                            $~43
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      W.P.(C) 10940/2022
                                   KAMALADITYYA CONSTRUCTION PVT. LTD . ..... Petitioner
                                                      Through: Mr. Darpan Dhawan, Sr. Advocate,
                                                      Mr. Navaniti Pd. Singh, Sr. Advocate with
                                                      Mr. Vaibhav Niti and Ms. M. Agrawal, Advocates

                                                      versus

                                   RAIL LAND DEVELOPMENT AUTHORITY & ANR.
                                                                                     ..... Respondents
                                                      Through: Mr. Jagjit Singh, Mr. Preet Singh,
                                                      Mr. Vipin Chaudhary and Ms. Kalyani Arora,
                                                      Advocates for respondent No.1
                                                      Ms. Arunima Diwivedi, CGSC with Mr. Prashant
                                                      Rawat, Mr. Ved Prakash and Ms. Ashi Sharma,
                                                      Advocates for respondent No.2

                                   CORAM:
                                   HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                      ORDER

% 25.07.2022 CM APPL. 31849/2022

1. Allowed, subject to all just exceptions.

2. The application stands disposed of. W.P.(C) 10940/2022 and CM APPL. 31848/2022 (interim stay)

1. Mr. Darpan Dhawan, learned Senior Counsel appearing for the petitioner, submits that respondent No.1 has sought to recover the amount of Rs.5,93,70,967/- from the petitioner, which was imposed as fine on respondent No.1 for an offence under the Delhi Preservation of Trees Act, Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:26.07.2022 16:14:14 1994. He further submits that the petitioner was neither made aware of nor impleaded in the aforesaid proceedings.

2. Learned counsel for respondent No.1, while disputing the aforesaid has, on instructions, submitted that without prejudice to the rights and contentions of the respondent(s), the aforesaid amount will not be recovered at this stage. Accordingly, let the stated amount be not recovered from the petitioner till the next date of hearing.

3. Learned counsel for respondent No.1 seeks some time to file the Reply. Let the same be filed before the next date of hearing with an advance copy thereof to the other side who may file rejoinder, if any, thereto before the next date.

4. List on 14.11.2022.

MANOJ KUMAR OHRI, J JULY 25, 2022 na Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:26.07.2022 16:14:14