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Court On Its Own Motion vs Shahjahanabad Redevlopment ... on 23 May, 2022

Author: Vipin Sanghi

Bench: Sachin Datta, Vipin Sanghi

                          $~18
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 7885/2020
                                 COURT ON ITS OWN MOTION                 ..... Petitioner
                                               Through: Mr. Surendra M. Mittal, Adv.
                                               versus

                                 SHAHJAHANABAD REDEVLOPMENT CORPORATION
                                 (SRDC), GNCTD & ORS.                      ..... Respondents
                                               Through: Mr. Anuj Aggarwal, ASC with Mr.
                                                        Sanyam Suri, Ms. Ayushi Bansal and
                                                        Ms. Aishwarya Sharma, Advs. for R-
                                                        1 and 2.
                                                        Mr. Anupam Varma, Mr. Nikhil
                                                        Sharma, Ms. Manu Tiwari, Advs. for
                                                        BSES.
                                                        Mr. Anand Prakash with Ms. Varsha
                                                        Arya and Mr. Akhil Raj, Advs. for
                                                        NDMC.
                                                        Mr. Ajjay Arora and Mr. Kapil Dutta,
                                                        Advs. for DJB.
                                                        Mr. Sanjeev Ralli, Sr. Adv. with Mr.
                                                        Saumil Sharma, Mr. Ravi Kant Yadav
                                                        and Ms. Divya Parashar, Advs. for
                                                        Chandni Chowk Sarvyavar Mandal.


                                 CORAM:
                                 HON'BLE THE ACTING CHIEF JUSTICE
                                 HON'BLE MR. JUSTICE SACHIN DATTA
                                                    ORDER

% 23.05.2022 CM No.10917/2022 Exemption allowed, subject to all just exceptions.

The application stands disposed of.

Issue notice.

Learned counsel for respondents accepts notice of the application. Let reply be filed within four weeks. Rejoinder, if any, be filed before the next date of hearing.

We have heard learned senior counsel for Chandni Chowk Sarvyavar Mandal.

Looking into the issues raised in the application, the application is allowed with intervention of the proceedings.

The application is allowed.

W.P.(C) 7885/2020 Learned counsel appearing for Chandni Chowk Sarvyavar Mandal has pointed out that the last meeting conducted by the Chief Nodal Officer, Ms. Renu Sharma, Additional Chief Secretary, Urban Development was on 26.08.2021. We may notice that she was appointed as the Chief Nodal Officer in W.P. (C) No.4572/2007 vide order dated 03.11.2017. The Nodal Officers, appointed by various agencies, for the Chandni Chowk Redevelopment project, were also a part of the meetings called by the Chief Nodal Officer.

In the meantime, after completion and inauguration of the project on 12.09.2021, the proceedings in W.P. (C) 4572/2007 were closed.

Since then, the meetings have also not been called as there is no Chief Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:26.05.2022 12:29:17 Nodal Officer.

Learned counsel for Chandni Chowk Sarvyavar Mandal points out that there were some works left, so the same were declared as incomplete. It is further submitted that a part of the project is now suffering, since the maintenance of the area has suffered. In this regard he has also drawn our attention to the 58th meeting called by the Chief Nodal Officer, wherein, decisions were taken on certain aspects, such as placing of Boom Barriers to be able to restrict the vehicles movement in the area between 09.00 am to 09.00 pm. He has also drawn out attention to the meeting called by Deputy Chief Minister, wherein he has expressed his displeasure on status of maintenance of the aforesaid aspects of the area. The said meeting was called on 08.10.2021.

Since a lot of time, effort and money has gone in the process of redevelopment of Chandni Chowk Sarvyavar Mandal area, it is imperative that the work done does not deteriorate and the situation reverts to what it was before the redevelopment was started. We are, therefore, of the view that a team should be constituted consisting of Nodal Officers of all the concerned agencies with a Chief Nodal Officer as the Chairperson who should report to this court on the aspects regarding completion of left over works of the said project as well as with regard to its maintenance. We deem it appropriate to leave it to the Chief Secretary, GNCTD to appoint a Chief Nodal Officer within two weeks for this purpose. The Chief Nodal Officer should be of the rank held by Ms. Renu Sharma when she was appointed as the Chief Nodal Officer or higher. Once appointed, the status report be filed within six weeks. The intervernor who has participated in earlier meetings called by the Chief Nodal Officer, is permitted to participate in further Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:26.05.2022 12:29:17 meetings which may be called by the Chief Nodal Officer.

List on 23.08.2022.

VIPIN SANGHI, ACJ SACHIN DATTA, J MAY 23, 2022/cl Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:26.05.2022 12:29:17