Supreme Court - Daily Orders
M/S. Avenues Though Ms. Shashi Singh vs Union Of India on 4 February, 2014
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ITEM NO.301 COURT NO.3 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
REVIEW PETITION (C) NO(s). 952 OF 2007 IN I.A. NO. 1982 OF 2006 IN I.A.
No. 22 IN W.P(C) 4677/1985
M/S. AVENUES THOUGH MS. SHASHI SINGH Petitioner(s)
VERSUS
UNION OF INDIA Respondent(s)
(With appln(s) for c/delay in filing review petition)
SUO MOTU CONTEMPT PETITION NO. 176 of 2008 IN I.A.NO. 22 In
W.P. (C) NO. 4677 OF 1985
CONTEMPT PETITION NO. 222 of 2012 IN W.P. (C) NO. 4677 OF 1985
CONTEMPT PETITION (CRL.)NO. D21073 in I.A. NOS. 2162-2163 IN W.P. (C)
NO. 4677 OF 1985
I.A. NOS. 2031-2032 IN IN W.P. (C) NO. 4677 OF 1985
(For intervention/directions on behalf of Mishra Charitable Trust)
I.A.NO. 2064 IN W.P. (C) NO. 4677 OF 1985
(For intervention on behalf of All India Human Rights Society)
I.A. NOS. 2072-2073 IN IN W.P. (C) NO. 4677 OF 1985
(For intervention/direction on behalf of DDA Market Joint Committee)
I.A. NOS. 2096-2097, 2098 IN IN W.P. (C) NO. 4677 OF 1985
(For Intervention/directions on behalf of all India personally
Enhancement and Cultural Centre for Scholars Society)
I.A. NOS. 2227-2229 IN IN W.P. (C) NO. 4677 OF 1985
(For impleadment, directions and modification of court’s order dated
11.12.2007 on behalf of Kanchid Mal & sons)
I.A. NO. D.54606 and I.A. NO.48136 of 2013 IN
W.P. (C) NO. 4677 OF 1985
I.A. NO. D 48136 of 2013 In I.A. No.2409 IN I.A. NOS. 2001-2001A IN W.P.
(C) NO. 4677 OF 1985
(For intervention on behalf of Ocean Structures Pvt. Ltd.)
I.A. NOS. 2531 & 2536 IN 2505-2506 IN W.P. (C) NO. 4677 OF 1985
(For directions and permission to file addl. documents on behalf of SIR
Shoba Singh & Ors.
I.A. NOS. 2598-2599 IN IN W.P. (C) NO. 4677 OF 1985
(For impleadment and extension of time)
Date: 04/02/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE H.L. DATTU
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
Mr. Ranjit Kumar, Sr. Adv. (A.C.)
For Petitioner (s)
Dr. Kailash Chand, Adv. (NP)
Mr. Devendra Singh, Adv.(NP)
Ms. Manik Karanjawala, Adv.
Ms. Naresh Bakshi, Adv.
Mr. Pravir Kumar Jain, Adv. (NP)
Mr. Anis Ahmed Khan, Adv. (NP)
Mr. Manish Kumar, Adv.
Mr. Piyush Kaushik, Adv.
for M/s. Suresh A. Shroff & Co., Advs.
Mr. Arvind Kr. Gupta, Adv.
Mr. Ankur Aggarwal, Adv.
Mr. Nitin Sharma, Adv.
Mr. Sambhav Gupta, Adv.
Mr. Sudhir Khatri, Adv.
Mr. Harsh Verma, Adv.
Mr. Rajesh Goyal, Adv.
Mr. Anil Grover, Adv.
Mr. S.K. Pasi, Adv.
Mr. Hem Kumar, Adv.
For Respondent(s) Mr. Praveen Swarup, Adv.
Mr. V.N. Raghupathy, Adv.
Mr. Siddharth Chauhan, Adv.
Mr. Sanjiv Sen, Adv.
Mr. P. Parameswaran, Adv.
Mr. Vishnu B. Saharya, Adv.
Mr. Viresh B. Saharya, Adv.
Mr. Anupam Sharma, Adv.
for M/s Saharya & Co., Advs.
Mr. D.N. Goburdhan, Adv.
Mr. Prabal Bagchi, Adv.
Mr. Abhishek Agrawal, Adv.
Mr. Surya Kant, Adv.
Mr. N.A. Siddiqui, Adv.
Mr. Kishan Rawat, Adv.
Mr. Prabal Mehrotra, Adv.
Mr. Rajan Narain, Adv.
Ms. Vandana Sehgal, Adv.
Ms. Sushma Agarwal, Adv.
Mr. Vijay Panjawani, Adv.
Ms. Vibha Datta Makhija, Sr. Adv.
Ms. Archi Agnihotri, Adv.
UPON perusing papers the Court made the following
O R D E R
R.P. (C) No. 952 of 2007, C.P. No. 222 of 2012, C.P.(Crl.) No. D21073 and I.A. Nos. 2072-2073 The cases have been called twice.
None appears for the applicants.
Dismissed for non-prosecution.
Suo Motu Contempt Petition No. 176 of 2008 The Registry is directed to furnish a copy of this Contempt Petition along with relevant record to Shri Ranjit Kumar, learned Amicus Curiae within one week.
List the matter on 25.02.2013 at 3.00 p.m. I.A. Nos. 2031-2032, 2064, 2098, I.A. Nos.D.54606, I.A. D.No. 48136, I.As.2531 & 2536 All these applications are disposed of in terms of order passed by this Court, dated 30.04.2013.
We further add that interim order granted by this Court will enure to the benefit of the applicants till the same are vacated, altered or modified by the High Court/Tribunal.
The Registry is directed to send all the applications along with relevant record to the High Court/Tribunal.
I.A. No. 2598 Prayer made in this application is not seriously opposed by Shri Ranjit Kumar, learned Amicus Curiae. Therefore I.A. No. 2598 is allowed.
I.A. No. 2599 We grant one month’s time from today to the applicants to file an appropriate appeal before the Tribunal inter alia questioning the order of sealing dated 29.01.2010.
I.A. No. 2599 is allowed accordingly.
I.A. Nos. 2227-2229 Heard Shri Rohan, learned counsel for the applicant(s) and Shri Ranjit Kumar, learned Amicus Curiae.
Shri Rohan submits that in the Writ Petition No. 4608 of 2007 filed before the High Court he had sought for two prayers, namely, (1) de-sealing of the shop premises situated in the Hari Nagar Ashram area and (2) to take appropriate proceedings against the members of the Monitoring Committee and D.D.A. Officials who had sealed the premises in spite of an interim order passed by the High Court.
At the time of hearing of these applications the learned counsel would submit that he would confine the writ petition filed by him only insofar as first prayer is concerned.
Since we have already disposed of several applications/petitions and permitted the applicants therein to approach the High Court/Tribunal for appropriate orders, the petitioner(s) is also directed to approach the Tribunal in terms of our earlier order dated 30.04.2013.
The petitioner(s) in the writ petition are at liberty to take all such contentions insofar as first prayer is concerned before the Tribunal, including, the contentions raised in the writ petition.
Ordered accordingly.
I.A. Nos. 2096-2097 In view of order passed in I.A. No. 2082 on 03.01.2014, learned counsel appearing for the applicant(s), on instructions, seeks permission of this Court to withdraw these applications with liberty to approach appropriate forum for appropriate relief, if fresh cause of action arises.
Permission sought for is granted with liberty to approach appropriate forum for appropriate relief, if fresh cause of action arises.
---
On our query to the learned counsel who appeared before us on the previous dates of hearing, we were informed that the officials of Delhi Administration had not complied with our orders, in particular, paragraph 11 of the order dated 30.04.2013. This in our opinion, is nothing but a contempt of this Court’s order.
However, since Shri D.N. Goburdhan, who is present before the Court submits that he would be in a position to convince the officials to comply with the orders passed by this Court and request this Court to grant some more time.
On the aforesaid aspect, list on 07.02.2014 at 10.30 a.m | [ Charanjeet Kaur ] | | [ Vinod Kulvi ] | |Court Master | |Asstt. Registrar | [ Signed order in R.P. is placed on the file ] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION (C) NO. 952 OF 2007 IN I.A. NO. 1982 OF 2006 IN I.A. NO. 22 IN WRIT PETITION (C) NO. 4677 OF 1985 |M/s. Avenue |.. Petitioner(s) | Versus |Union of India & Ors. |.. Respondent(s) | O R D E R The case has been called twice.
None appears for the petitioner.
Dismissed for non-prosecution.
....................J. [ H.L. DATTU ] ......................J. [ JAGDISH SINGH KHEHAR ] NEW DELHI, FEBRUARY 04, 2014.