Delhi High Court - Orders
Uppal Housing Private Limited vs Government Of Nct Of Delhi & Ors on 21 September, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10670/2021
UPPAL HOUSING PRIVATE LIMITED ..... Petitioner
Through: Mr. Manish Vashisht, Senior Advocate
with Mr. Manashwy Jha, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Dhruv Rohtagi, Advocate for R-1 to
4.
Ms. Richa Dhawan, Standing Counsel
for SDMC/R-5.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 21.09.2021 CM APPL.32905-06/2021 (exemption) Exemption is allowed subject to all just exceptions.
W.P(C) 10670/2021 & CM APPL.32904/2021
1. The hearing was conducted through video conferencing.
2. Learned counsel for the petitioner submits that the subject land in respect of which a direction has been issued by the Sub Divisional Magistrate under The East Punjab Holding (Consolidation & Prevention of Fragmentation) Act, 1948, has already been urbanised.
3. Learned counsel submits that even the concerned SDM had filed a status report before this Court dated 30.07.2018 specifically stating that the subject land is part of extended abadi area of village Chandanhulla, Mehrauli and construction is governed by the provision of MCD Bye-laws Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:21.09.2021 Signing Date:22.09.2021 07:58:13 23:01 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
W.P(C) 10670/2021 1and the SDMC and the land is outside the purview of the revenue department.
4. Learned counsel submits that despite the fact that all clearances and no objection certificates and permissions have been obtained from the requisite authorities and the construction of the project is near its completion, subject order has been passed alleging that there is some consolidation proceedings pending.
5. Learned counsel submits that subject land cannot be part of any consolidation proceedings as the same is outside the purview of the revenue department.
6. Issue notice. Notice is accepted by learned counsel appearing for respondent Nos.1 to 4 as also by counsel appearing for respondent No.5. Learned counsel pray for some time to take instructions and file a counter affidavit. Let the same be filed within two weeks. Rejoinder within one week thereafter.
7. List on 10.11.2021.
8. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
SEPTEMBER 21, 2021/rk
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:21.09.2021
Signing Date:22.09.2021 07:58:13 23:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
W.P(C) 10670/2021 2