Delhi High Court - Orders
Tushar Kapoor & Ors vs Municipal Corporation Of Delhi & Ors on 24 January, 2023
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~63
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 875/2023
TUSHAR KAPOOR & ORS. ..... Petitioners
Through: Ms. Varun Goswami and Mr. Sahil
Agarwal, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI & ORS...... Respondents
Through: Ms. Sunieta Ojha, Advocate for MCD
for respondent No.1.
Ms. Anusuya Salwan and Mr. Rachit
Wadhwa, Advocates for respondent
No.2.
Ms. Richa Dhawan, Mr. Anuj
Chaturvedi and Ms. Jyoti Kashyap,
Advocates for respondent.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 24.01.2023 CM APPL. 3399/2023
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(C) 875/2023 and CM APPL. 3398/2023
1. By way of present petition, the petitioners are aggrieved by the issuance of notice dated 14.12.2022 whereby the petitioners have been asked to deposit balance conversion charge/parking charge/additional FAR etc. and to complete record of deposition of the requisite registration charges, conversion and onetime parking charges and additional FAR Charges.
2. Ms. Varun Goswami, learned counsel for the petitioners submits that Digitally Signed By:SANGEETA ANAND Signing Date:27.01.2023 16:52:45 respondent No.1 has no jurisdiction to seek conversation charges on coming into force of Delhi Industrial Development, Operation and Maintenance Act, 2010 with effect from 28.03.2011. Respondent No.1 ceased to have any jurisdiction towards control of the building activities in industrial area and it is only DSIIDC which has jurisdiction. In support of his submissions, learned counsel has referred to the order dated 26.03.2021 passed by a Coordinate Bench of this Court in W.P.(C) 4120/2021.
3. Issue notice.
4. Ms. Sunieta Ojha, learned counsel accepts notice for respondent No.1 and submits that a plain reading of the letter would show that at this stage, only requisite information is sought. She seeks some time to file a Status Report.
5. At this stage, learned counsel for the petitioners, on instructions, submits that without prejudice to the rights and contentions, requisite documents would be supplied to the respondent/Corporation.
6. Re-notify on 12.07.2023.
7. Till the next date of hearing, no precipitate action be taken against the petitioners.
MANOJ KUMAR OHRI, J JANUARY 24, 2023 ga Digitally Signed By:SANGEETA ANAND Signing Date:27.01.2023 16:52:45