Supreme Court - Daily Orders
Ashish Seth vs Sumit Mittal on 9 October, 2020
ITEM NO.1501 Court 4 (Video Conferencing) SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No.34/2016 In W.P.(Crl.) No.5/2015
ASHISH SETH Petitioner(s)
VERSUS
SUMIT MITTAL & ORS. Respondent(s)
([HEARD BY: HON. ASHOK BHUSHAN AND HON. M.R. SHAH, JJ ])
Date : 09102020 This petition was called on for pronouncement of
judgment.
For Petitioner(s)
Mr. Abhimanyu Bhandari, Adv.
Mr. Rajnish Kumar Singh, Adv.
Mr. Rakesh Kumari, AOR
For Respondent(s)
Mr. Anil Grover, AAG Haryana
Ms. Noopur Singhal, Adv.
Mr. Rahul Khurana, Adv.
Mr. Satish Kumar, Adv.
Mr. Sanjay Kumar Visen, AOR
Mr. Ranjit Kumar, Sr. Adv.
Mr. Ankit Goel, AOR
Mr. Jayant Sud, ASG
Mr. Sanjay S. Chhabra, Adv.
Mr. Rajnish Singh, Adv.
Mr. Nitesh Jain, Adv.
Ms. Priyanka Kaushik, Adv.
Mr. K.N. Singh, Adv.
Signature Not Verified Mr. Deepak Aggarwal, Adv.
Digitally signed by
MEENAKSHI KOHLI
Date: 2020.10.09
15:35:53 IST
Reason:
Mr. Abhishek Agarwal, AOR
Mr. Ayush Sharma, AOR
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Mr. Akhilesh Kumar Pandey, AOR
M/S. Karanjawala & Co., AOR
Mr. Bankey Bihari, AOR
Mr. K.V. Viswanathan, Sr. Adv.
Mr. Sahil Tagotra, AOR
Mr. Sachin Mittal, AOR
Mr. M.L. Lahoty, Adv.
Mr. Paban K. Sharma, Adv.
Mr. Anchit Sripat, Adv.
Mr. Himanshu Shekhar, AOR
O R D E R
Hon’ble Mr. Justice M.R. Shah pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Ashok Bhushan and His Lordship.
In view of the reasons stated in the signed reportable judgment, in continuation of our earlier order dated 24.04.2020, it is further clarified and directed as under:
(i) that Mittal Group shall apply for renewal of license numbers 34, 35 and 36 of 2007, within a period of two weeks from today, if not applied for renewal so far;
(ii) that the liability of the Seth Group to pay/cause to be paid the renewal license fees would be proportionate to the lands falling to the share of the Seth Group, i.e., 14.80 acres under the agreement dated 15.06.2007. Over and above their liability towards the renewal license fees with respect to the lands falling to their share, the Seth Group shall also pay ½ of the liability of PAL, ORS and Heritage 2 towards license renewal fees, which shall be treated as advance and the payment towards the additional liability of PAL, ORS and Heritage would be for and on behalf of the aforesaid three, PAL, ORS and Heritage;
(iii) that the Mittal Group shall pay/cause to be paid the balance license fee (renewal license fee) (i.e. total amount payable on account of TFIPL less the Seth Group share as stated hereinabove including ½ of the liability of PAL, ORS and Heritage with respect to the liability towards the renewal license fees for renewal of license numbers 34, 35 and 36 of 2007;
(iv) that Seth Group and Mittal Group to pay their respective license renewal fees liability as above within two weeks from today without fail;
(v) that as and when PAL, ORS and Heritage contribute their share of the license fee, Seth Group and Mittal Group will be entitled to the refund of the excess license fee paid by them as provided in para 2 of the MOS dated 4.5.2015. In the event of PAL, ORS and Heritage fail or neglect to pay the amounts due by them as aforesaid within 120 days from the date of deposit by the Seth Group, the Seth Group is authorized in its own name, to initiate appropriate legal proceedings against the defaulter/s, to the extent of the amount advanced by the Seth Group along with interest;
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(vi) that the Seth Group is liable to provide documents/undertakings with respect to the lands falling to their share under Agreement dated 15.06.2007, i.e. (i) Status of construction/allotment of EWS Flats, and (ii) Service Plan status its drawing, estimates and its approval from HUDA, Chandigarh annexed as Annexure – 16 to the MOS dated 4.5.2015, to enable Mittal Group to apply for renewal of license. However, it is clarified that in case any indemnity, undertaking, letter and/or similar document is required to be executed after filing of the application for renewal of license, pertaining to the lands falling in the share of Seth Group under Agreement dated 15.06.2007, Seth Group shall do the needful at the earliest;
(vii) that the appropriate authority, i.e., DTCP, Haryana, shall communicate the Seth Group as well as the Mittal Group to provide/furnish the documents/undertakings with respect to the lands falling to their respective shares. However, it is clarified that the liability of the Seth Group to provide documents/undertakings with respect to the lands falling to their share only and the liability to furnish/provide the remaining documents/undertaking with respect to the remaining lands shall be of Mittal Group. The appropriate authority shall call for the required documents/undertakings, within a period of two weeks from today, so that further process for renewal of license 4 numbers 34, 35 and 36 of 2007 may take place immediately and Seth Group and Mittal Group to furnish such documents/undertakings, within a period of two weeks from such demand, i.e., within four weeks from today;
(viii) that the entire exercise of renewal of license numbers 34, 35 and 36 of 2007 shall be completed within a period of eight weeks from today without fail. The Mittal Group is hereby specifically warned not to create any further hindrances in getting license numbers 34, 35 and 36 of 2007 renewed;
(ix) the Seth Group and Mittal Group shall file specific undertaking within a period of two weeks from today, agreeing to pay the amount towards EDC liability under the new one time settlement scheme – “Samadhan Se Vikas” as computed by the District Town Planner (HQ), Directorate of Town and Country Planning, Haryana in its communication dated 17.09.2020 (as mentioned hereinabove) , and neither the Seth Group nor the Mittal Group shall dispute the said computation and they shall file specific undertaking that they shall make the payment towards their EDC liability within the time specified in the one time settlement scheme – “Samadhan Se Vikas”.
The aforesaid directions are issued over and above the directions issued by this Court in its earlier order dated 24.04.2020. It is specifically observed that any noncompliance of 5 the aforesaid directions as well as the directions in the earlier order dated 24.04.2020 shall be viewed very seriously, warranting action under the Contempt of Courts Act.
Interlocutory Application Nos.96161/2020, 96206/2020, 68143/2020, 78952/2020 and 78953/2020 stand disposed off. Put up after three months for reporting compliance.
(ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER
(signed reportable judgment is placed on the file) 6