Delhi High Court - Orders
Aqasia Homes Limited vs State Nct Of Delhi & Ors on 19 May, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3127/2021, CRL.M.A. 19389/2021
AQASIA HOMES LIMITED ..... Petitioner
Through: Mr. Tanveer Ahmed Mir, Mr.
Shubhadra, Mr. Gurangg Gupta, Ms.
Swati Khanna, Ms. Ishu, Advs.
Versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Mukesh Kumar, APP
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 19.05.2023 This is a petition seeking quashing of FIR No. 734/2021 dated 25.11.2021 registered at PS Karol Bagh u/s 406/420/120B IPC.
It is stated by Mr. Mir, learned counsel for the petitioner that in the present case, the petitioner was to develop a colony for plotted plots at Tijara, District Alwar, Rajasthan.
He states that the plots were developed and possession handed over and substantial development has also been done.
Per contra, Mr. Dahiya, learned counsel for the allottees has drawn my attention to Clause 6 and 20 which read as under:
"6. That the price of the said Plot is inclusive of cost of carrying out of internal development works comprising of construction of internal roads and footpaths, drains, culverts, 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 16:52:36 laying of underground cabling, fixing poles and making provisions for electrification and street lighting, laying of pipes and construction underground/overhead water tanks for water supply, sewerage line and providing road side horticulture, development of parks etc.
20. The Company shall be responsible for providing internal services within the said Project which inter-alia include (i) laying of roads, (ii) laying of water lines, (iii) laying of sewer ones (iv) laying of electrical line. However, it is understood that external or peripheral services such as water lines, sewer lines, storm water drains, roads, electricity, horticulture etc. are to be provided by the Government or the concerned Loc Authority up to the periphery of the said Project."
The latest status report handed over by Mr. Kumar, learned APP states that most of the work as promised has been done except for overhead tanks and installation of working STP plant.
Mr. Mir, learned counsel for the petitioner on behalf of the petitioner states that overhead tank and STP plant as per local government norms of required capacity shall be installed by the petitioners on their own cost within 6 weeks from today.
The status report seems to suggest that roads have been laid, waterlines have been laid, sewer lines have been laid, and electrical lines also have been laid however the installation of overhead water tank and working STP plant will be completed within 6 weeks from today.
Subject to the above, FIR No. 734/2021 dated 25.11.2021 registered at PS Karol Bagh u/s 406/420/120B IPC is hereby quashed.
In case the aforesaid is not done within 6 weeks, the respondents are at liberty to file an appropriate application seeking initiation of appropriate proceedings.
The status report is taken on record.
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 16:52:36 The petition is disposed of.
JASMEET SINGH, J MAY 19, 2023/DM Click here to check corrigendum, if any 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 16:52:37