Delhi High Court - Orders
Court On Its Own Motion vs Nemo on 24 January, 2025
Author: Navin Chawla
Bench: Navin Chawla, C. Hari Shankar, Manmeet Pritam Singh Arora
$~1 (Full Bench)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.REF. 1/2024
COURT ON ITS OWN MOTION ..... Appellant
Through:
versus
NEMO .....Respondent
Through: Mr.Sameer Vashisht, SC, Civil,
GNCTD with Mr.Manashwy
Jha, Ms.Harshita Nathrani,
Advs. for GNCTD.
Mr.Tushar Sannu, SC with
Mr.Priyankar Tiwary, Mr.Harsh
Yadav, Mr.Nikhil Kadha, Advs.
for MCD.
Ms.Shobhna Takiar, SC for
DDA.
Ms.Smita Maan, Mr.Vishal
Maan, Mr.Kartik Dabas, Advs.
for the additional party.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH
ARORA
ORDER
% 24.01.2025
1. This Bench has been constituted to answer the following questions, referred to it pursuant to the Order dated 13.05.2024 passed by a Single Bench of this Court:-.
"a. Whether the law as expounded in Sanvik Engineers by the learned Single Judge and the proposition of law in LPA 295/2024 titled Subnam Gupta (Sabnam Gupta) vs. Union of India & Ors laid down by the learned Division Bench is the correct proposition of law? b. Whether there is a divergence between 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 30/01/2025 at 21:33:26 ratio of the judgements in Blue Bird Properties Pvt Ltd (Now Blue Bird Properties LLP) vs. Government of NCT of Delhi & Ors., and judgement dated 25.04.2023 in LPA 188/2022 and Subnam Gupta Sabnam Gupta dated 15.04.2024 in LPA 295/2024 ? if so, which judgement lays down the correct law?
c. Whether the judgement of the Supreme Court in Mohinder Singh laying down the law that post notification u/s 507(a) of DMC Act 1957, the provisions of DLR Act, 1954 cease to apply and the proceedings pending thereunder would be non est in law would relegate the parties to the lis, to the alternate remedy of civil law redressal before the competent court of civil jurisdiction? if so, at what stage and to what effect?
d. A Judicial clarity be rendered as to what would be the remedy available to various stakeholders who are as on the date of notification under section 507(a) DMC Act, 1957, at different stages of proceedings contemplated under the DLR Act, 1954? e. Though not arising from the above, however, many such cases are being regularly filed under the provisions of EPH Act, 1948 in similar circumstances, whether the judgement of the Supreme Court in Mohinder Singh laying down the law that post notification u/s 507(a) of DMC Act 1957, the provisions of DLR Act, 1954 cease to apply and the proceedings pending thereunder would be non est in law would also apply in a similar fashion to proceedings pending under EPH Act, 1948 since definition of the word "land" appears to have commonality between the two enactments? if so, to what effect?(regard may be had to the judgement dated 01.11.1997 passed the learned division bench of this Court in C.W. No. 2253 of 1997 captioned as Umed Singh vs. Government of N.C.T. of Delhi & Ors. reported in (1997) 69 DLT 957 (DB)."
2. Mr. Sameer Vashisht, learned counsel appears for the Govt. of 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 30/01/2025 at 21:33:26 NCT of Delhi.
3. Mr. Tushar Sannu, learned counsel appears for the MCD.
4. Ms.Shobhna Takiar, learned counsel appears for the DDA.
5. Ms.Smita Maan, learned counsel, also appears before us stating that she is representing some parties who would have an interest in the questions referred to this Court.
6. Keeping in view the questions framed, we also request Mr.Rajesh Yadav, learned senior counsel, to act as an Amicus Curiae and assist us on the questions framed.
7. Let a copy of the Reference Order dated 13.05.2024 be also supplied to all the counsels before us and the Amicus Curiae.
8. The learned counsels for the parties and the learned Amicus Curiae shall file the brief synopsis of their arguments within four weeks from today, exchanging the copies of the same with each other.
9. The Registry shall also make a Memo of Parties for the reference of the parties in future proceedings, with the Govt. of NCT of Delhi as respondent no.1, MCD being the respondent no.2, and DDA being the respondent no.3.
10. List on 25th April, 2025.
NAVIN CHAWLA, J C. HARI SHANKAR, J MANMEET PRITAM SINGH ARORA, J JANUARY 24, 2025 RN/VS 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 30/01/2025 at 21:33:26