Delhi High Court - Orders
Aradhana Vikram Singh And Ors vs Union Of India And Ors on 28 February, 2023
$~13.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11876/2016 and C.M. Nos. 46838/2016 & 43156/2018
ARADHANA VIKRAM SINGH AND ORS ..... Petitioners
Through: Mr. Jeevesh Nagrath, Mr. Pranjit
Bhattacharya and Ms. Monika
Prakash, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Jitesh Vikram Srivastava (SPC),
Mr. Prajesh Vikram Srivastava , Dr.
Pradeep Kumar Pandey (ASA-ASI)
and Mr. ABY Varghese, Advocates.
CORAM:
HON'BLE MR. JUSTICE GAURANG KANTH
ORDER
% 28.02.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The petitioner has filed the present writ petition, inter alia, with the following prayers:
"(a) Pass a writ, order or direction to the Respondent authorities and their affiliates (i) not to in any manner, directly or indirectly prohibit the Petitioners from constructing their residential premises at E-8, Panchshila Park, New Delhi approximately is 175 meters (approximately) away from the Siri Fort Wall at Khasra No.477 of village Shahpur Jat and therefore within the "regulated area" under Section 20B of the AMASR Act and (ii) issue a NOC to the Petitioners within a time Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:08:04 bound manner as this Hon'ble Court may deem fit and proper preferably within 30 days.
(b) Pass a writ, order or direction of certiorari or any other writ, order or directions of like nature setting aside the letter dated 1.4.2014 of the Respondent No. 4 and consequently set aside the minutes of the meeting dated 30.06.2014 of Respondent No.2, which seeks to defer the Petitioners' grant of a No Objection Certificate under the AMSRA Act, 2010 indefinitely in a without jurisdiction manner and consequently direct the Respondent No.4 and
2 to grant the no objection certificate to the Petitioner on the basis that the Petitioners' residential premises at E-8, Panchshila Park, New Delhi approximately is 175 meters (approximately) away from the Siri Fort Wall at Khasra No.477 of village Shahpur Jat and therefore within the "regulated area" under Section 20B of the AMASR Act.
(c) In the alternative, issue a writ of mandamus directing the Respondents to allow the Petitioners to reconstruct a building in property located at E-8, Panchshila Park situated in Khasra No. 191 in Village Chirag Delhi, New Delhi or in the alternative issue a writ of mandamus directing the Respondents to compensate the loss or damages or any diminution of profits in question likely to be incurred by the Petitioners with respect to the Plot of the Petitioners
(d) Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. This court vide order dated 10.02.2023 (which modified order dated 09.02.2023) directed the respondent as follows:-
" At this stage, Mr. Jitesh Vikram Srivastave, learned counsel for the respondents, who appears through VC, seeks time for filing the affidavit by 14.02.2023.
Learned counsel for the respondents is permitted to file the affidavit on or before 14.02.2023 with an advance copy to the learned counsel for the petitioner."Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:08:04
3. In compliance of the order dated 10.02.2023 the respondents have filed an affidavit indicating that as per the physical demarcation report of the Revenue Department, the distance measured between Siri Fort Monument Wall at Khasra No. 477 and the Property bearing No. E-8, Panchshila Park, New Delhi-110017 is 114 metres.
4. Relevant portion of the affidavit dated 10.02.2023 filed by the respondents is as under:-
"That it is submitted that as per the physical demarcation report of the revenue department, the distance measured between the Siri Fort mounument wall coming out of Khasra No. 447 and the property no. E-8 is 114 metres."
5. In view of the same, the respondent seeks and is granted three weeks' time to process the petitioners' application dated 11.03.2014 for the grant of No Objection Certificate.
6. List on 23.03.2023 for compliance.
GAURANG KANTH, J FEBRUARY 28, 2023 MS Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:08:04