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Delhi Development Authority vs Skipper Construction on 17 October, 2019

Bench: A.M. Khanwilkar, Dinesh Maheshwari

                                                  1

     ITEM NO.1                           COURT NO.8                 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).    21000/1993

     DELHI DEVELOPMENT AUTHORITY                                      Petitioner(s)

                                                 VERSUS

     SKIPPER CONSTRUCTION            & ANR.                           Respondent(s)

     I.A. NO.205/2017- APPLICATION FOR DIRECTIONS
     IA No. 151341/2018 - APPROPRIATE ORDERS/DIRECTIONS
     IA No. 141697/2017 - APPROPRIATE ORDERS/DIRECTIONS
     ALONG WITH NOTE OF THE AMICUS CURIAE DATED 26.09.2019 AND OFFICE
     REPORT
     Date : 17-10-2019 This matter was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE A.M. KHANWILKAR
                         HON'BLE MR. JUSTICE DINESH MAHESHWARI

     Amicus Curiae                 Mr.   Dayan Krishnan, Sr. Adv.
                                   Mr.   Gautam Narayan, AOR
                                   Ms.   Manvi Priya, Adv.
                                   Ms.   Sanjeevi Seshadri, Adv.
                                   Ms.   Niharika Kaul, Adv.
                                   Ms.   Asmita Singh, Adv.

     For Petitioner(s)             Mr. Kamini Jaiswal, AOR (NP)

     For Applicant(s)              Mr. Deeptakirti Verma, AOR

     For Respondent(s)             Mr.   A.K. Sanghi, Sr. Adv.
                                   Mr.   Vikrant Yadav, Adv.
                                   Mr.   T.A. Khan,Adv.
                                   Ms.   Rekha Pandey, Adv.
                                   Mr.   Ajay Kumar Singh, Adv.
                                   Mr.   Raj Bahadur Yadav,Adv.
                                   Mr.   B.V. Balaram Das, Adv.
                                   Ms.   Anil Katiyar, Adv.
                                   Mr.   Arvind Kr. Sharma, Adv.


Signature Not Verified
                                   Mr. Brij Bhushan, AOR
Digitally signed by
CHARANJEET KAUR
Date: 2019.10.18
17:58:16 IST
Reason:                            Mr.   Binay Kumar Jain, Adv.
                                   Mr.   Hitesh Kumar Sharma, Adv.
                                   Mr.   Bijender Singh Choudhary, Adv.
                                   For   Ms. Manju Jaitley, Adv.
                          2

           Mr. Naresh Kumar, AOR

            Mr. Rameshwar Prasad Goyal, AOR

            Mr. Sarad Kumar Singhania, AOR

            Mr. Ravindra Kumar, AOR

            Mr. Arun Aggarwal, AOR

            Mr. Irshad Ahmad, AOR

            Mr. Nischal Kumar Neeraj, AOR

            Ms. Madhurima Tatia, AOR

            Mr. Sandeep Bhalla, AOR

            Mr. Satyendra Kumar, AOR

            Mr. Shiv Kumar Suri, AOR

            Mr. V. K. Verma, AOR

            Mr. Anuvrat Sharma, AOR

            Mr. B. K. Satija, AOR

           M/S.    Legal Options, AOR

           Mr. K.R. Sasiprabhu, AOR

UPON hearing the counsel the Court made the following
                     O R D E R

None appears for the applicant.

I.A. No.205 of 2017 is dismissed for non- prosecution.

IA No. 141697/2017

After hearing learned amicus curiae and counsel appearing for the applicant, we deem it appropriate to defer issuing any direction for the  3 time being awaiting the decision of the National Consumer Disputes Redressal Commission (NCDRC) in Consumer Case No.16 of 1991, which is stated to be scheduled for 16th January, 2020.

We request the NCDRC to pass appropriate orders in the said proceedings which may have bearing in passing appropriate orders in the present proceedings.

IA No. 151341/2018

This application is disposed of with liberty to the applicant to make representation to the Committee, who in turn can examine the issues raised in the application on its own merits and take necessary corrective measures as may be required in accordance with law.

REG. NOTE OF THE AMICUS CURIAE DATED 26.09.2019 (IA No.149515/2019) Learned amicus in his Note dated 26.09.2019 has suggested that since the project is substantially complete, it is time to hand over the building to the flat owners/allottees and/or organisation representing them.

Shri Deeptakriti Verma, counsel appearing for the Skipper Bhawan Flat Buyers’ Association  4 submits that there already exists Flat Buyers’ Association of which 116 out of 155 allottees on and above ground floor, and 75 out of 119 allottees in three basements have membership.

He further submits that the association will take necessary steps to enroll all the remaining flat buyers/basement unit buyers and take over the responsibility of the management of the Building and related affairs of the association of members.

In view of this submission, we defer passing any order on this issue till the next date of hearing.

As regards letter dated 11th December, 2017 received from Ms. Jaiwant P. Dhaulta, senior citizen, by post claiming to be an investor in the Housing Project of Technology Park Ltd., we request Mr. Gautam Narayan, Advocate-on-Record, Ms. Manvi Priya and Ms. Sanjeevi Seshadri, learned counsel, to take inspection of the relevant record to ascertain the fact whether Ms. Jaiwant P. Dhaulta had, in fact, made such representation to Justice P.K. Bahri Commission and the outcome thereof. If the claim has already been rejected by the Commission,  5 the question of entertaining letter dated 11.12.2017 does not arise. However, if the claim set up by her has remained undecided, we may consider of passing appropriate orders on the next date of hearing.

List the matter in the first week of February, 2020.

 (NEETU KHAJURIA)                          (VIDYA NEGI)
   COURT MASTER                            COURT MASTER