Delhi High Court - Orders
Narender Hooda & Ors vs Competent Authority & Ors on 18 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~1, 2 & 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3295/2020 and CM APPL. 18016/2020, 46418/2021,
10252/2022, 54699/2022, 3017/2023, 11043/2023, 14710/2023,
18824/2023
NARENDER HOODA & ORS. ..... Petitioners
Through: Mr. Narender Hooda, (Petitioner No.
1 in person).
Mr. Rahul Rathore, Mr. Shaurya
Lamba & Ms. Rashi Choudhary,
Advs. for Petitioner Nos. 2 to 10
(9810188819)
versus
COMPETENT AUTHORITY & ORS. ..... Respondents
Through: Mr. Bhagwan Swarup Shukla,
CGSC with Mr. Sarvan Kumar, Ms.
Sunita Shukla & Mr. Saksham Sethi,
Advs. for UOI.
Mr. Manish K. Bishnoi and Mr.
Nirmal Prasad, Advs. for R-5.
Ms. Puja Kalra, ASC, NDMC with
Mr. Virendra Singh, Advocate. (M:
9312839323)
Mr Hitesh Kumar Singh, Adv. for R-
8. (M: 9650111231)
2 WITH
+ W.P.(C) 6724/2022 and CM APPL. 20416/2022, 41848/2022
SAGAR APARTMENTS RESIDENTS' ASSOCIATION
& ANR. ..... Petitioners
Through: Mr. Rahul Shukla, Ms. Sayantani
Basak and Ms. Kanchan Dahiya,
Advs. (M: 9871735724)
versus
LT. GOVERNOR OF DELHI & ORS. ..... Respondents
Through: Ms. Puja Kalra, ASC, NDMC with
Mr. Virendra Singh, Advocate.
62 AND
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI W.P.(C) 3295/2020 & connected matters Page 1 of 5
Signing Date:20.04.2023
14:23:25
+ CONT.CAS(C) 18/2016 & CM APPLs.953/2016, 4961/2019,
5518/2020, 2187/2021, 40530/2021, 45733/2021, 4391/2022,
4393/2022, 17766/2022, 47029/2022
SAGAR APARTMENTS RESIDENTS' ASSOCIATION... Petitioner
Through: Mr. Rahul Shukla, Ms. Sayantani
Basak and Ms. Kanchan Dahiya,
Advs.
versus
NARESH KUMAR & ORS. ..... Respondents
Through: Ms. Puja Kalra, ASC, NDMC with
Mr. Virendra Singh, Advocate.
Mr Satyajit Yadav, Advocate for R-
5 to 10 with Mr. Ashish Aggarwal
(R-5) in person (M-9810077771)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.04.2023
1. This hearing has been done through hybrid mode.
2. The present petition relates to the building called - Sagar Apartments located at 6, Tilak Marg, New Delhi. It is a matter of common knowledge that a large number of Senior advocates, advocates-on-record, advocates and others associated with the legal profession are residents of the said apartment building. Petitioner No.1 in this case himself is a Senior Advocate and various other lawyers are Petitioners in the matter.
3. Vide order dated 31st January, 2023, this Court has directed the Competent Authority under the NDMC Act, 1994 place a report before this Court in respect of unauthorized occupations, constructions, creation of partitions, enclosures, etc. contrary to the sanction plans so that appropriate action can be taken. The relevant extract of the said order is extracted as under:
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3295/2020 & connected matters Page 2 of 5 Signing Date:20.04.2023 14:23:257. The current position is that the NDMC has conducted the inspection of the entire premises. The status report dated 19th September, 2022 has been placed on record by the NDMC. A perusal of the same shows that there are stated to be large scale violations contrary to the sanctioned plans and unauthorized construction as well in the basement, the stilt area, the front block and the tower block. It has emerged from the submissions made today that the swimming pool which was originally built as part of the common area is also not operational. The changing rooms and the other common areas attached to the swimming pool including the filtration plant room are stated to have also been occupied by certain persons. It is not clear to this Court as to how such persons came into occupation of these areas as well.
8. Considering the fact that the NDMC has already issued show cause notices to all the occupants under Section 249 of the NDMC Act, 1994 it is deemed appropriate to direct that the Competent Authority under the said Act would hear the concerned occupants and place a report before this Court in respect of unauthorized occupations, constructions, creation of partitions, enclosures, etc. contrary to the sanction plans so that appropriate action can be taken. The Competent Authority under the NDMC Act shall also look into the issue of alleged unauthorized occupation in the common spaces attached to the swimming pool as also the filtration plant and give notice to those occupants and hear them. The report to be filed by the NDMC, Chairperson shall also deal with the said areas as well.
9. The said hearings shall be concluded by 31st January, 2023. Order / report shall be placed before this Court at least three days before the next date of hearing.
4. However, the report and orders of the NDMC, in terms of the order Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3295/2020 & connected matters Page 3 of 5 Signing Date:20.04.2023 14:23:25 dated 5th January, 2023, have not been brought before this Court. An adjournment was sought on the previous occasion i.e., on 14th February, 2023 on which date further time was granted to the NDMC to comply with the order passed by this Court. Despite this, NDMC seems to be oblivious to the actual situation in the building where there are hundreds of lawyers & their families living and various lawyers' offices are functioning.
5. Accordingly, let the concerned director of the NDMC remain present in the Court at 3:30 pm today along with the file.
6. Pursuant to the direction given in the morning, the officer of NDMC i.e., Mr. Priya Ranjan, Director (EBR/STC), NDMC is present in the Court and submits that in respect of the basement, 38 orders have been passed under Section 249 of the NDMC Act. In respect of the stilt area, 13 orders have been passed and in respect of common space, two orders have been passed. Insofar as the front block and tower block are concerned, the NDMC needs more time to pass the orders. He seeks two weeks' time to pass the orders in respect of the front block and the tower block.
7. Let all the orders which have been passed and which are yet to be passed, be communicated to the respective persons concerned. A complete compilation along with a chart of all the orders passed qua the properties and the numbers of the said units, shall also be filed on record within 8 weeks. Copies of the same shall also be handed over to the Administrator.
8. There are various applications filed by parties. Let notice be issued in all the applications to all the contesting Respondents as also the Administrator.
9. Let reply be filed within four weeks. Rejoinder, thereto, be filed within four weeks, thereafter.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3295/2020 & connected matters Page 4 of 5 Signing Date:20.04.2023 14:23:2510. A copy of application being CM APPL.18824/2023 shall be handed over to the Administrator and to the Petitioners.
11. List on 14th July, 2023. Parties are permitted to obtain electronic records of the Court, in order to be able to assist the Court as the record is voluminous.
PRATHIBA M. SINGH, J.
APRIL 18, 2023 Rahul/AM Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3295/2020 & connected matters Page 5 of 5 Signing Date:20.04.2023 14:23:25