Delhi High Court - Orders
M/S Mahajan Industries Pvt. Ltd vs Gaon Sabha Chattarpur on 29 April, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~119
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10270/2015
M/S MAHAJAN INDUSTRIES PVT. LTD. ..... Petitioner
Through: Ms. Smita Maan, Advocate.
versus
GAON SABHA CHATTARPUR ..... Respondent
Through: Mr. Santosh Kumar Tripathi, SC(C)
for GNCTD, Mr. Arun Panwar, Mr.
Siddharth Krishna Dwivedi & Mr.
Aditya S. Jadhav, Advocates.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 29.04.2022 The cause list for the day indicates that along with the present W.P.(C) 10270/2015 is listed W.P.(C) 537/2011. The proceedings in W.P.(C) 537/2011 had, vide order dated 21.03.2022 of this Court, been directed to be placed, subject to orders of the Hon'ble the Acting Chief Justice, before another Hon'ble Bench and are now thus listed before Hon'ble Mr. Justice C. Hari Shankar for the date 04.08.2022.
It is, however, submitted by the learned counsel for the petitioner that the proceedings in W.P.(C) 537/2011 and proceedings in W.P.(C) 8098/2012 had been observed to have identical issues pending as observed in proceedings dated 24.01.2018 of the orders of Hon'ble Division Bench in LPA 874/2015 in relation to the aspect of the jurisdictional issue having not been determined vide the order dated 29.01.2016. Vide the order dated 24.01.2018 of the Hon'ble Division Bench, the present writ petition was W.P.(C) 10270/2015 Page 1 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.05.2022 13:24:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
directed to be remitted to be heard along with W.P.(C) 8098/2012 and W.P.(C) 537/2011 finally.
The learned counsel for the petitioner submits that W.P.(C) 8098/2012 has already been allowed vide judgment dated 10.02.2022 with the impugned order therein having been set aside. It has thus been submitted on behalf of the petitioner that there would thus be no impediment with the proceedings of the present petition i.e., W.P.(C) 10270/2015 being taken up.
In view of the submissions that had been made on 28.04.2022 on behalf of the petitioner qua CM. Appl. 20513/2022 which had been filed seeking an early hearing in the matter submitting to the effect that despite urbanization of the land in question and despite the applicability of the verdict of this Court in Sanvik Engineers India Pvt. Ltd. & Ars Vs. Govt. of NCT of Delhi 2022 SCC Online Del 360, the SDM concerned intended to proceed with the proceedings with the matter having been re-notified before the SDM for the date 02.05.2022.
In response to a specific Court query qua the said aspect of the applicability of Sanvik Engineers India Pvt. Ltd. & Ars Vs. Govt. of NCT of Delhi 2022 SCC Online Del 360 in the matter, learned counsel for the respondent submits to the effect that the counsel seeks time to seek instructions qua the aspect of urbanization of the land in question.
In view thereof, the proceedings before the SDM in the matter qua the land of the petitioner are stayed till further directions.
However, in view of the directions dated 24.01.2018 of the Hon'ble Division Bench of this Court in LPA 874/2015 categorically directing to the W.P.(C) 10270/2015 Page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.05.2022 13:24:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
effect that the W.P.(C) 10270/2015 i.e., the present petition, be heard along with W.P.(C) 8098/2012 (since adjudicated vide order dated 10.02.2022) and W.P.(C) 537/2011 finally, in view of proceedings dated 21.03.2022 in W.P.(C) 537/2011, subject to orders of the Hon'ble the Acting Chief Justice, the proceedings of the present writ petition W.P.(C) 10270/2015 be placed along with W.P.(C) 537/2011 before Hon'ble Mr. Justice C. Hari Shankar on 04.08.2022, when the W.P.(C) 537/2011 is indicated to have been listed.
ANU MALHOTRA, J APRIL 29, 2022 ha W.P.(C) 10270/2015 Page 3 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.05.2022 13:24:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.