Delhi High Court - Orders
Okaya Infocom Pvtltd & Anr vs Govt Of Nct Of Delhi & Anr on 22 December, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12122/2021 and CM No. 37844/2021 (stay)
OKAYA INFOCOM PVTLTD & ANR. ..... Petitioners
Through: Mr. Sumit Bansal, Mr. Pankaj Gupta,
Mr. Udaibir Singh Kochar and Ms.
Tanya Aggarwal, Advs. with Mr.
Praveen Mangla (AR)
versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Ayushi Bansal and Mr.
Sanyam Suri, Advs. for respondents1
& 2.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 22.12.2021
1. Mr. Anuj Aggarwal, learned Additional Standing Counsel appearing for the respondents apprises the Court that the NOC has not been granted since consolidation operations are ongoing.
2. Learned counsel appearing for the petitioners, on the other hand, seriously disputes the aforesaid contention and submits that once the final consolidation scheme has been published and parties have been placed and inducted into possession, the scheme would be deemed to have come to a close. Reliance is placed in this regard on the principles enunciated by this Court in Uppal Housing Private Limited v. Government of NCT of Delhi & Ors.1 The relevant paragraphs of that decision are extracted hereinbelow:-
"16. The Court is constrained to observe that the fact of whether 1 2021 SCC OnLine Del 5078 Signature Not Verified Digitally Signed By:NEHA Signing Date:23.12.2021 12:55:39 consolidation is ongoing or has come to a conclusion cannot rest on a mere bald certification of that fact by the Tehsildar. It is clearly not an issue which could be founded on mere ipse dixit. Despite repeated queries of the Court, the respondents failed to assert that a final consolidation scheme had not been published or that landholders had not been placed in possession of the plots earmarked and demarcated upon finalization of that scheme. The respondents do not allude to any factor or step in aid of conclusion of consolidation as contemplated in Sections 20 to 24 of the EPH Act which may have established that consolidation was ongoing.
17. Regard must be had to the fact that Section 24 of the EPH Act in unambiguous terms provides that the scheme shall be "deemed to have come into force" once landholders are inducted into possession and that position shall remain undisturbed until a fresh scheme is brought into force or a change ordered pursuant to the provisions of Section 21 or orders passed under Sections 36 or 42 of the EPH Act. The Court in this regard takes into consideration the entry of the name of the vendors of the petitioner in the "Register Karyawahi Chakbandi" placed on the record as Annexures P-1 to P-9. It is also not the case of the respondents that the Government has invoked or initiated any action under Sections 36 or 42 of the EPH Act."
3. The matter requires consideration.
4. Let Mr. Aggarwal file a counter affidavit within three weeks. The petitioners shall have two weeks thereafter to file rejoinder affidavit.
5. List for final disposal on 11.02.2022.
YASHWANT VARMA, J.
DECEMBER 22, 2021 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:23.12.2021 12:55:39