H T Media Ltd vs Vinay Yadav & Ors on 12 May, 2022

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Delhi High Court - Orders

H T Media Ltd vs Vinay Yadav & Ors on 12 May, 2022

1. Apropos order dated 23.03.2022, Ms. Prabhsahay Kaur, learned Standing Counsel for the DDA, states that the direction of planting of trees has been complied with and 300 trees have been planted in Sanjay Van Park. An affidavit dated 20.04.2022 has been filed on behalf of the DDA in compliance of the order dated 23.03.2022. The relevant portion of the said affidavit reads as under:-

"2. That the Delhi Development Authority (DDA) is filing the present Affidavit in compliance of the order of this Hon'ble Court dated 23.03.2022 wherein DDA undertook to file an affidavit indicating the area where 300 trees, purchased using Rs. 40,000 deposited by the Respondent, can be planted.

Signature Not Verified Digitally Signed By:RAHUL SINGH CONT.CAS(C) 631/2019 Page 1 of 5 Signing Date:17.05.2022 11:25:39

3. It is submitted that the DDA has identified land at Sanjay Van Park for the purpose of plantation of the said 300 trees.

4. It is submitted that the Conservator Forests, GNCTD may approach the Deponent in this regard and the plantation will be facilitated. It is also submitted that the details of trees planted will be entered in the Tree Register maintained by the DDA and may similarly be done by the Forest Dept., GNCTD."

2. As far as direction for plantation of 300 trees vide order dated 23.03.2022 is concerned, the same has been complied with. The Deputy Conservator of Forests (South) is directed to ensure that the trees are planted.

3. Mr. Sanjiv Bahl, learned counsel for the petitioner, has taken this Court to the order dated 28.02.2022 passed by this Court in the instant petition. The relevant portion of the said order reads as under:-

"1. Apropos Property No. UG-42, Ansal Plaza Mall, Greater Noida, the respondents are ready to handover the possession of the property. Let physical possession of the same be given on 03.03.2022 at 12 o'clock. The transfer documents are stated to be in the process of finalization, the drafts of transfer documents have been exchanged between the parties. The execution of the transfer documents is assured by the respondents within two weeks. The learned Senior Advocate for the respondents submits that NOC from Greater Noida Authority apropos the said property has been received and a copy of the same shall be communicated to the petitioner at the time handing over the possession on 03.03.2022 at 12 o'clock.

Signature Not Verified Digitally Signed By:RAHUL SINGH CONT.CAS(C) 631/2019 Page 2 of 5 Signing Date:17.05.2022 11:25:39

2. Apropos the property at 4th Floor, Mayank Trade Centre, Sindhi Camp, Jaipur, Rajasthan, the respondents claim to have paid Rs.2.55 crores to Punjab National Bank which had a lien on the said property. He submits that the property is free from encumbrances and the court is assured that the Sale Deed in favour of the petitioner will be executed by the respondents, within two weeks. Furniture and fixtures are to be restored and the same shall be in good repair. Let it be so done.

3. Apropos Property No. UG-182, Palam Corporate Plaza, Gurgaon, which is in deemed possession of the petitioner, transfer documents have already been executed in favour of the petitioner. The property will be inspected by the petitioner on 03.03.2022 at 12 o' clock. If the property is in order, actual possession may be taken.

4. Apropos Property No. UG 212A, Palam Corporate Plaza, Gurgaon, which is in deemed possession of the petitioner, transfer has to be effected. Let it be so done within two weeks. The property shall be inspected by the petitioner on the aforesaid date and time. If it is in good repair, physical possession of the same shall be taken. In case of any shortcoming, the court is assured, that the respondent shall attend to the same promptly.

5. Apropos the outstanding issues about the rental amount, the learned counsel for the petitioner submits that the matter will be amicably resolved between the parties.

6. Renovation of three other properties which are to be handed over to the petitioner is stated to be underway. The court is assured that the same shall be completed within three weeks.

Signature Not Verified Digitally Signed By:RAHUL SINGH CONT.CAS(C) 631/2019 Page 3 of 5 Signing Date:17.05.2022 11:25:39

7. In terms of the previous order, costs of Rs.40,000/- has been deposited by the respondents with DCF (South) by way of Demand Draft No. 436530. Let compliance affidavit be brought on record by the respondents. Compliance affidavit has not been filed by the DCF concerned. Let the DCF be present in court on the next date of hearing. Only for the purpose of compliance of the orders by DCF concerned, list on 08.03.2022.

4. Learned counsel appearing for the petitioner states that qua property No.1 i.e. UG-42, Ansal Plaza Mall, Greater Noida, sale deed has not been executed and possession has not been handed over to the petitioner. Qua the property at 4th Floor, Mayank Trade Centre, Sindhi Camp, Jaipur, Rajasthan, learned counsel for the petitioner states that though sale deed was executed on 30.03.2022 but the furniture and fixtures have not been restored as stated in the order. He further states that no repairs as agreed to have been done in the property.

5. Learned counsel for the petitioner states that for the property No.UG- 182, Palam Corporate Plaza, Gurgaon repair works have not been carried out and vacant possession of the property has not been handed over to them. He states that for property UG-212 A, Palam Corporate Plaza, Gurgaon; the transfer has not been effected. He states that the property stands mortgaged contrary to the directions made by this Court in the order dated 28.02.2022.

6. Learned counsel for the petitioner states that as far as paragraph 6 of the order dated 28.02.2022 is concerned, there are four properties, i.e. two properties situated at being UG, S-16 A, Ansal Plaza Mall, Gurgaon; UG, S- 15, Ansal Plaza Mall, Gurgaon; FS, S-16, Ansal Plaza, Gurgaon; and FS-

Signature Not Verified Digitally Signed By:RAHUL SINGH CONT.CAS(C) 631/2019 Page 4 of 5 Signing Date:17.05.2022 11:25:39

38, Ansal Plaza, Gurgaon and the renovation has not yet been undertaken for all the four properties.

7. Learned counsel for the respondent controverts the correctness of the statement made by the learned counsel for the petitioner.

8. In order to ascertain the correct position, this Court deems it appropriate to appoint a Local Commissioner to inspect all the premises and file a report. The Court appoints Mr. Manish Aggarwal, Joint Registrar, Delhi High Court (Mob No. 9717394800) to be the Local Commissioner for inspection.

9. Mr. Manish Aggarwal, Joint Registrar, will be paid a sum of Rs.25,000/- for his visit to Greater Noida and the same amount for his visit to Gurgaon. He will be paid a sum of Rs.50,000/- for his travel and stay at Jaipur. The expenses shall be borne equally by the petitioner and the respondents.

10. The Local Commissioner shall inform the learned counsel for the petitioner and the learned counsel for the respondent regarding the date of inspection for the properties. The Local Commissioner is directed to file a report within a period of 8 weeks from today.

11. List on 29.08.2022.

12. The date already fixed, i.e. 18.05.2022, stands cancelled.

SUBRAMONIUM PRASAD, J MAY 12, 2022 hsk Signature Not Verified Digitally Signed By:RAHUL SINGH CONT.CAS(C) 631/2019 Page 5 of 5 Signing Date:17.05.2022 11:25:39

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Delhi High Court - Orders