Delhi High Court - Orders
Nclt Bar Association Thr Its Secretary ... vs Union Of India And Ors on 17 May, 2022
Author: Vipin Sanghi
Bench: Navin Chawla, Vipin Sanghi
$~10.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6037/2018
NCLT BAR ASSOCIATION THR
ITS SECRETARY GENERAL ..... Petitioner
Through: Mr. P.V. Kapur, Sr. Advocate, Mr. P.
Nagesh, Sr. Advocate with Mr.
Sidharth Kapur, Ms. Kaveri Kapur,
Mr. Saurabh Kalia, Mr. Sanjay
Mishra, Mr. Shikhil Suri, Ms. Prachi
Bhatia, Ms. Madhu Suri, Ms.
Aggarwal, Ms. Nikita Thapar, Advs.
versus
UNION OF INDIA AND ORS ..... Respondent
Through: Ms.Bharathi Raju, Senior Panel
Counsel for UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 17.05.2022 C.M. No. 15532/2022
1. One short affidavit has been filed on behalf of the respondent Land and Development Office to state that the Land and Development Office in the Ministry of Housing and Urban Affairs, Government of India, does not have any space to allocate a plot for housing of both NCLAT and NCLT in the same building.
2. Another affidavit is stated to have been filed on behalf of respondent Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.05.2022 17:12:34 No.6/ The Directorate of Estates, Ministry of Housing and Urban Affairs. The same has not come on record. However, Ms. Raju has tendered in Court, a copy of the said additional affidavit, which has been filed in terms of our previous order. In this affidavit, the Directorate of Estates states that it is willing to reconsider the allocation made to the DFSS on the first floor of Block-3, CGO Complex, wherefrom the Ministry of Renewable Energy is shifting out, and to allocate the same for use by the NCLT in exchange of the office space already occupied by NCLT in Block-12, admeasuring 11860 Sq. ft.
3. We find that the area proposed to be allocated to the NCLT in the same building where it is presently functioning is only 6690 Sq. ft. This could be a little over half of the area which stands handed over to the NCLT in Block-12, which is 11860 Sq. ft.
4. Our attention has also been drawn to the affidavit filed earlier by the Directorate of Estates. In the said affidavit, the Directorate of Estates has provided a tabulation showing the names of the various departments occupying different areas in Block-3 of the CGO Complex. The same reads as follows:
"
ALLOTED OFFICE AREA OF VARIOUS FLOOR OCCUPIED BY DIFFERENT DEPT. IN BLOCK NO.3 S. FLOOR AREA/IN DEPARTMENT No. Spft.)
1. GROUND 2730 NCLT FLOOR
-"- 6690 NCM 2 1st floor 7982 MNRE 3 2nd floor 9420 NATIONAL WATER MISSION Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.05.2022 17:12:34 4 3rd floor 9420 NATIONAL COMMISSIONER OF MINORITY 5 4th floor 6835 MINISTRY OF ENVIRONMENT AND FOREST 4th floor 2585 DEPT OF BIOTECHNOLOGY 6 5th floor 9420 DEPT. OF BIOTECHNOLOGY 7 6th floor 9420 NCLT 8 7th floor 8420 NCLT
-"- 1000 MINISTRY OF WOMEN AND CHIELD DEVELOPMENT 9 8th floor 9420 NCLT.
"
5. Considering the fact that sufficient time has elapsed from the date when the affidavit was filed and the need of the NCLT for having its complete office in one building is imperative, we are of the view that the Director of Estates should seriously examine whether either of the abovementioned Ministries or Departments, or two or more of these Departments could be shifted to provide adequate space to the NCLT.
6. We, therefore, direct the Director of Estates to hold a meeting and conduct an onsite survey of the areas in occupation of the National Commission for Minorities, Ministry of Jal Shakti, Ministry of Women and Child Development, Department of Biotechnology, Ministry of Environment and Forest and CPWD or any other Department in Block-3, CGO Complex, New Delhi, as also the areas available in Block-12, and to explore the possibility and feasibility of shifting one or more of the aforesaid departments from Block-3, CGO Complex to make space for the NCLT.
7. The Director of Estates shall be responsible for holding the meeting Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.05.2022 17:12:34 and the survey where in the representatives of the National Commission for Minorities, Ministry of Jal Shakti, CPWD, Ministry of Corporate Affairs, the NCLT and of any other Department - occupying any part of Block-3, CGO Complex, as well as the petitioner, shall also participate. It shall be the responsibility of Director of Estates to co-ordinate with all others to ensure that the meeting and survey takes place within the next 2 weeks. Prior notice of the meeting be given by the Director of Estates to all parties concerned, including the petitioner. We direct all others to co-operate in the said exercise in a meaningful and constructive way.
8. Let the report, which is the outcome of such a meeting and survey, be placed before the Court, before the next date of hearing.
9. List on 08.07.2022.
10. Status quo shall continue in the meantime.
VIPIN SANGHI, ACJ NAVIN CHAWLA, J MAY 17, 2022 N.Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:19.05.2022 17:12:34