Supreme Court - Daily Orders
Government Of Nct Of Delhi vs Office Of Lieutenant Governor Of Delhi on 5 August, 2024
ITEM NO.1501 COURT NO.15 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 348/2023
GOVERNMENT OF NCT OF DELHI Petitioner(s)
VERSUS
OFFICE OF LIEUTENANT GOVERNOR OF DELHI Respondent(s)
([ HEARD BY : HON. THE CHIEF JUSTICE, HON. PAMIDIGHANTAM SRI NARASIMHA AND HON. J.B. PARDIWALA, JJ. ] IA No. 53534/2023 - GRANT OF INTERIM RELIEF IA No. 59804/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-08-2024 This petition was called on for pronouncement of judgment today.
For Petitioner(s) Dr. Abhishekh Manu Singhvi, Sr. Adv.
Mr. Shadan Farasat, AOR Mr. Amit Bhandari, Adv.
Mr. Aman Sharma, Adv.
Mr. Shourya Dasgupta, Adv. Mr. Aman Naqvi, Adv.
Ms. Natasha Maheshwari, Adv. Ms. Mreganka Kukreja, Adv. Mr. Prannv Dhawan, Adv.
Mr. Shadab Azhar, Adv.
Ms. Niharika Srivastava, Adv. Ms. Hrishika Jain, Adv.
For Respondent(s) Mr. Tushar Mehta, Solicitor General Mr. Sanjay Jain, Sr. Adv.
Mr. Arkaj Kumar, Adv.
Ms. Bani Dixit, Adv.
Mr. Padmesh Mishra, Adv.
Mr. Kanu Agrawal, Adv.
Ms. Tanya Aggarwal, Adv.
Mr. Madhav Sinhal, Adv.
Mr. Bhuvan Kapoor, Adv.
Mr. Mukesh Kumar Maroria, Adv. Mr. Shreekant Neelappa Terdal, AOR Signature Not Verified
1. Digitally signed by Indu Marwah Date: 2024.08.06 Hon’ble Mr. Justice Pamidighantam Sri Narasimha pronounced the 17:00:30 IST Reason:
judgment of the Bench comprising Hon’ble The Chief Justice of India, His Lordship and Hon’ble Mr. Justice J.B. Pardiwala.1
2. The Writ Petition stands dismissed in terms of the signed reportable judgment. Paragraphs 39 to 42 of the Judgment read as under:-
“39. Having examined the provisions of the Act, we are of the opinion that Section 3(3)(b)(i) of the Delhi Municipal Corporation Act is a Parliamentary enactment vesting the power of nomination of persons with special knowledge in municipal administration with the Lt. Governor. The power is to be exercised as a statutory duty of the Lt. Governor and not as the executive power of the Government of NCTD.
40. For the reasons stated above, the notifications dated 03.01.2023 and 04.01.2023 issued by the Lt. Governor under Section 3(3)(b)(i) are not in violation of Article 239AA read with Section 41 of the GNCTD Act.
41. Accordingly, this Writ Petition (C) No. 348 of 2023 under Article 32 of the Constitution of India is dismissed.
42. No order as to costs.”
3. Pending application(s), if any, stand disposed of.
(KAPIL TANDON) (NIDHI WASON) COURT MASTER (SH) COURT MASTER (NSH) (Signed Reportable Judgment is placed on the file.) 2