Delhi High Court - Orders
Sanvik Engineers India Pvt.Ltd & Anr vs Government Of National Capital ... on 30 September, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5627/2020 & CM APPL. 20379/2020
SANVIK ENGINEERS INDIA PVT.LTD & ANR. .....Petitioners
Through: Mr. Jai Sahai Endlaw and Mr.
Subhoday Banerjee, Advocates.
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI THROUGH ITS DEPARTMENT OF URBAN
DEVELOPMENT & ANR. ..... Respondents
Through: Mr. Anupam Srivastava, ASC for
GNCTD with Mr. Dhairya Gupta,
Advocate for R-1 & R-2.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 30.09.2020 The hearing was conducted through video conferencing.
1. The counter affidavit filed on behalf of the State is not on record, since it was filed yesterday. Let it be brought on record.
2. The Court is informed that despite issuance of notice, respondent no. 2 has gone ahead passed a precipitate order seeking to vest the suit property in the Gaon Sabha. The Court is further informed that incidentally, the deponent of the aforementioned affidavit is the same officer who has passed the vesting order. The Court need not say anything in the matter as yet.
3. The learned counsel for the petitioners has shared on the computer screen an order dated 01.09.2020, whereby the Collector, South West, GNCTD, has vested the suit lands, situated in the revenue estate of the village of Rewla, Khanpur, Delhi, in the Gaon Sabha. Let the said document be brought on record before the next date.
4. The Court is also informed that apropos the hearing on 01.09.2020, the petitioner was intimated only 30 minutes prior to the scheduled hearing and was asked to join through Cisco Webex, the platform on which the virtual hearing was being conducted. This, according to the petitioner, is neither fair notice nor sufficient time to prepare for the hearing. It was not even enough time to inform his counsel to assist him in the hearing on that date. Accordingly, the petitioner contends that such a notice cannot be considered a notice in law, and would therefore be deemed to be denial of natural justice. Consequently, the order is vitiated on this ground alone.
5. The learned counsel for the petitioners submits that the Gaon Sabha becomes functus officio after the notice under Section 507 of the Delhi Municipal Corporation Act, 1957. He relies upon the dicta of this Court in W.P. (C) 10068/2016 titled Santosh Khurana vs The Financial Commissioner, GNCTD & Ors, decided on 28.08.2019.
6. The learned ASC for the State seeks time to obtain instructions.
7. At his request, list on 10.12.2020.
8. As the matter is still under examination by this Court, no precipitate action/coercive measures shall be taken against the petitioners apropos the suit lands till the next date.
9. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J SEPTEMBER 30, 2020/ AB