Supreme Court - Daily Orders
Rahul Gupta vs The Delhi Development Authority on 10 March, 2015
Bench: Jagdish Singh Khehar, S.A. Bobde
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) Nos.16385-16388 OF 2012
RAHUL GUPTA .......PETITIONER
VERSUS
DELHI DEVT.AUTH.& ORS. .......RESPONDENTS
O R D E R
We would, first of all, like to record our appreciation
for the assistance rendered to this Court by Mr.Balwinder Kumar,
IAS, Vice-Chairman, Delhi Development Authority, and Mr.Sandeep
Mehta, Chief Engineer, holding charge of the Rohini Zone.
Consequent upon the factual position which was brought to
our notice by the Vice-Chairman and the Chief Engineer, it is
apparent, that allotment letters in respect of 10,725 plots were
issued by the DDA before 30.11.2014, and with respect of 341 plots
by 12.01.2015. The delay in effecting these allotments with
reference to the time frame depicted in our order dated 31.10.2014,
is condoned.
Mr.Sandeep Mehta, Chief Engineer, indicated during the
course of hearing, that in the case of the above, about 11,000
Signature Not Verified
allotments, plots had been carved out in Sectors 28, 29, 30 and 34,
Digitally signed by
Satish Kumar Yadav
Date: 2015.03.13
10:35:14 IST
Reason:
Rohini. It is submitted that water, sewerage and road facilities
have already been provided in these Sectors, and that, the
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remaining external development (besides electrification, and storm
water and drain water infrastructure) would be completed by
10.04.2015. It is, however, brought to our notice, that insofar as
the process of electrification is concerned, electricity poles are
being installed, and that, the process of electrification will be
completed, in the above-mentioned Sectors, by 30.06.2015. It is
affirmed, that temporary electricity connection when sought by the
above allottees, shall be provided immediately thereafter. It is
further assured that storm water and drain water infrastructure,
will be completed in Sectors 28, 29, 30 and 34, Rohini, by
30.06.2015.
It is submitted that the external development work in
Sector 34 is also in the final stage of completion, and that, the
same will be completed by 31.03.2015. It is affirmed, that the
process of electrification for providing temporary electricity
connection to at least 3500 plot holders in Sector 34, Rohini, will
be ensured by 30.06.2015, and for the remaining approximately 3500
plot holders in Sector 34, Rohini, by 30.09.2015.
Since the completion of the external development work, in
terms of the dates indicated hereinabove with reference to Sectors
28, 29, 30 and 34, Rohini, was communicated to us by the officers
who assisted this Court in passing of this order, we also record,
that there should not be any breach of the time frame, under any
circumstance whatsoever.
Besides the above, approximately 11,000 plots, which have
presently been allotted, a further about 14,000 plots have to be
allotted under the same scheme (as the allotment with reference to
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11,000 allotments). Mr.Balwinder Kumar, Vice-Chairman, and
Mr.Sandeep Mehta, Chief Engineer, informed us that these allotments
would be made in Sectors 34, 35, 36 and 37, Rohini. It is
submitted, that the land over which these plots will be carved out
is already available with the Delhi Development Authority. It is
pointed out that the external development work would have commenced
by now, but for agitation at the hands of the agriculturists of the
area. It is also submitted, that there was a restraint order
passed by this Court, and as such, the development process could
not continue. It is submitted, that the effect of the directions
issued by this Court came to be negated, on the withdrawal of the
petition(s) filed before this Court on 03.02.2015. It is also
affirmed, that at the present juncture, there is no agitation. In
the above view of the matter, we are informed, that there is now no
impediment in the initiation of the process of external
development.
Mr.Sandeep Mehta, Chief Engineer, brought to our notice,
that even if the process is commenced without any further delay,
the finalisation of the tenders would take approximately three
months, and the execution of external development work, would take
a further period of about one year. He submitted, that it would be
appropriate to fix, an outer limit for completion of the external
development work, by 31.07.2016.
In view of the aforesaid statement made to us, which we
hereby accept, we direct the allotment to the remaining
approximately 14,000 registered applicants be made by 31.07.2016.
Needless to mention, that as per the undertaking given to us, all
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the external development work would be completed in Sectors 34, 35,
36 and 37, Rohini, by 31.07.2016. Insofar as the electrification
process is concerned, even though we are satisfied, that
approximately six months' time would be needed to erect the
infrastructure for the same, we find no necessity to make any such
direction, and that, the purpose of the allottees will be served if
a direction is issued to complete the electrification process,
whereby it becomes possible to issue temporary connection in the
above-mentioned Sectors by June 30, 2016 (i.e. a month before the
completion of the external development process). Ordered
accordingly. The instant direction has been recorded in the
presence of the learned counsel representing the Tata Power
Distribution Limited. The same shall accordingly be brought to the
notice of the concerned officers for compliance.
Since the completion of the external development work, in
terms of the dates indicated hereinabove, with reference to Sectors
34, 35, 36 and 37, Rohini, was communicated to us by the officers
who assisted this Court in passing this order, we also record, that
there should not be any breach of the time frame, under any
circumstance whatsoever.
It is apparent, that the aforesaid time schedule,
determined for completing the development process will need
unhindered activity. We, therefore, consider it just and
appropriate to direct the Delhi Administration, as also, the Police
Department thereof, to take appropriate measures, preventive and
remedial, so that the above development activity, is not stalled on
account of any untoward incident(s). The Registry of this Court
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shall communicate the instant order to the Delhi Administration.
Since the works required to be completed are extensive,
we would direct the authorities to ensure that Mr.Sandeep Mehta,
Chief Engineer, holding charge of the Rohini area, be continued in
the same capacity, or in his promoted capacity, for the Rohini
Area, at least till 31.07.2016.
For the same objective, as has been noticed in the
foregoing paragraph, we consider it just and appropriate to direct
that no Court other than this Court, shall entertain any
application for grant of interim directions, with reference to the
above allotments or execution of the works. If and when an interim
direction is required, the aggrieved party who approaches a Court
of competent jurisdiction, would be relegated to this Court. The
concerned party would make such prayer, through an interlocutory
application. In such an eventuality, the party desiring an interim
direction, shall effect advance service of the application (wherein
such a prayer has been made), on the learned counsel representing
the rival parties before this Court, in the present litigation.
Whilst disposing of these petitions with the aforesaid
directions, we consider it just and appropriate to further record,
that we have not taken into consideration any of the objections
raised by the petitioner, on any count other than, allotment of
developed plots. On all allied issues, that may arise in connection
with the above-mentioned allotment of plots, it shall be open to
the allottees to approach a competent Court having jurisdiction in
the matter.
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The special leave petitions are disposed of in the manner
indicated above. As a sequel to disposal of the special leave
petitions, all other interlocutory applications are also disposed
of.
...........................J.
(JAGDISH SINGH KHEHAR)
..........................J.
(S.A.BOBDE)
NEW DELHI;
MARCH 10, 2015.
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ITEM NO.15 COURT NO.4 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).
16385-16388/2012
(Arising out of impugned final judgment and order dated 14/03/2012
in CM No.3312/2011 in WP No.8765/2009, WP No.7223/2007,WP No.
3590/2008 and WP No.4124/2011 passed by the High Court Of Delhi At
New Delhi)
RAHUL GUPTA Petitioner(s)
VERSUS
DELHI DEVT.AUTH.& ORS. Respondent(s)
(With appln.(s) for directions and permission to place
addl.documents on record and interim relief and office report)
(Final disposal)
Date : 10/03/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr.Prashant Bhushan, Adv.
Mr. Rohit Kumar Singh, Adv.
For Respondent(s) Mr.Mukul Rohtagi, AG
Mr.A.Sharan, Sr.Adv.
Ms.Binu Tamta, Adv.
Mr.Dhruv Tamta, Adv.
Mr.Rajiv Dutta, Sr.Adv.
Mr.Kumar Dushyant Singh, Adv.
Mr.Siddharth Dutta, Adv.
Mr.Daniel Goerge, Adv.
Mr.R.Nedumaran, Adv.
Mr.Ajay Bansal, Adv.
Mr.Praveen Swarup, Adv.
Mr.Gaurav Yadav, Adv.
Mr.Suresh Kumar, Adv.
Mr.Alok Gupta, Adv.
Mr.P.Parmeswaran, Adv.
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Mr.Vikas Upadhyay, Adv.
Mr.Alok Shankar, Adv.
Mr.Annanya Mishra, Adv.
Respondent-in-person
Upon hearing the counsel the Court made the following
O R D E R
The special leave petitions are disposed of in terms of the signed order. As a sequel to disposal of the special leave petitions, all other interlocutory applications are also disposed of.
(SATISH KUMAR YADAV) (RENU DIWAN) COURT MASTER COURT MASTER
(Signed order is placed on the file)