Delhi High Court - Orders
National Cold Storage And ... vs Lokpal Of India And Ors on 22 May, 2023
Author: V. Kameswar Rao
Bench: V. Kameswar Rao, Anoop Kumar Mendiratta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6735/2023, CM APPLs. 26343/2023 & 26344/2023
NATIONAL COLD STORAGE AND REFRIGERATION PVT.LTD.
..... Petitioner
Through: Mr. Ajoy Bhushan Kalia, Adv.
versus
LOKPAL OF INDIA AND ORS
..... Respondent
Through: Ms. Hrishika Jain, Adv. for
Mr. Shadan Farasat, ASC for GNCTD
Mr. Yeeshu Jain, ASC with Ms. Jyoti
Tyagi, Adv. for R-2
Mr. Vijay Joshi, Adv. with Mr. Mohit
Joshi, Adv. for R-3/ UOI
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 22.05.2023 CM APPL. 26344/2023 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.
W.P.(C) 6735/2023, CM APPL. 26343/2023
1. This petition has been filed with the following prayers:-
"In the above-mentioned facts and circumstances of the case it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: -
A. Issue a writ of Certiorari quashing recovery certificate dated 31.12.2021 No. F.LAC/C/2021/495 issued by the Respondent No. 2 whereby the Respondent No. 2 has called upon the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:25:42 Petitioner to deposit compensation received by it for alleged excess land admeasuring 485.66 sq. mtrs;
B. Issue a writ of certiorari quashing notice dated 07 .02.2022 F.No. The/Delhi Cantt./Recovery/2022/931 under Section 136 of the Delhi Land Reforms Act, 1954, issued by the Respondent No. 2, whereby the Respondent No. 2 has illegally called upon the petitioner to deposit a sum of Rs. 3,66,61,784.9/- along with interest @ 15% per annum w.e.f 22.12.2010 till the realization of payment;
C. Issue a Writ of Certiorari Quashing order dated 30.11.2022 in Complaint No. 37/2020 passed by the Respondent No. 1 against the Petitioner, whereby the Respondent No. 1 has directed that "excess payment I payments not due, ought to be recovered in respect of Award No. 10/LAC/N/10-11 village civil station in respect of the portion of the property I land of the petitioner acquired for the purpose of public purpose of constructing a Grade Separator at Rani Jhansi Road, Delhi;
D. Issue a Writ of Certiorari quashing Notice dated 26.04.2023 No. F.LAC/C/Recovery/2023/74-76 issued by Respondent No. 2 for recovery of Rs. 10,66,40,636/- (Rupees Ten Crore Sixty Six Lac Forty Thousand Six Hundred and Thirty Six) from the Petitioner;
E Issue a Writ of Prohibition directing Respondent No. 1 not to pass such order(s) in future;
F. Issue a Writ of Prohibition directing Respondent No. 2 not to pass such notice(s) in future;
G. Issue such other writ or directions as are deemed just and necessary in the facts and circumstances of the case."
2. Ms. Tyagi, who appears for respondent No.2 seeks some time to take instructions.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:25:42
3. List on 29th May, 2023.
V. KAMESWAR RAO, J ANOOP KUMAR MENDIRATTA, J MAY 22, 2023/ak This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 19:25:43