Delhi High Court - Orders
Union Of India vs Parvinder Grover on 10 February, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~15 to 22 (2022 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LA.APP. 2/2021
UNION OF INDIA ..... Appellant
versus
PARVINDER GROVER ..... Respondent
16
+ LA.APP. 10/2021
UNION OF INDIA ..... Appellant
versus
AJAJ AHMED & ANR ..... Respondents
17
+ LA.APP. 12/2021
UNION OF INDIA ..... Appellant
versus
VINOD KUMAR & ANR ..... Respondents
18
+ LA.APP. 13/2021
UNION OF INDIA ..... Appellant
versus
SH. TOSIF & ORS ..... Respondents
19
+ LA.APP. 18/2021
UNION OF INDIA ..... Appellant
versus
RAMESH CHANDER GERA ..... Respondent
20
+ LA.APP. 19/2021
UNION OF INDIA ..... Appellant
versus
SMT. RAISA BEGUM AND ORS ..... Respondents
21
+ LA.APP. 68/2021
UNION OF INDIA ..... Appellant
Signature Not Verified
Digitally Signed By:SHITU
NAGPAL
Signing Date:10.02.2022
20:47:02 LA.APP. 2/2021 & Other Connected Matters Page 1 of 5
versus
SH. NARAIN DASS AGGARWAL & ANR. ..... Respondents
22
+ LA.APP. 70/2021
UNION OF INDIA ..... Appellant
versus
SH. DESH KUMAR KOHLI ..... Respondent
Present:- Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing
Counsel for the Appellant/Union of India in all the appeals.
Ms. Mini Pushkarna & Ms. Namrata Mukim, Standing
Counsel for North DMC, with Ms. Garima Jindal, Ms.
Khushboo Nahar & Ms. Latika Malhotra, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 10.02.2022 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 7522/2022 (exemption) in LA.APP. 2/2021 CM APPL. 7451/2022 (exemption) in LA.APP. 10/2021 CM APPL. 7524/2022 (exemption) in LA.APP. 12/2021 CM APPL. 7516/2022 (exemption) in LA.APP. 13/2021 CM APPL. 7518/2022 (exemption) in LA.APP. 18/2021 CM APPL. 7453/2022 (exemption) in LA.APP. 19/2021 CM APPL. 7514/2022 (exemption) in LA.APP. 68/2021 CM APPL. 7520/2022 (exemption) in LA.APP. 70/2021 Exemptions allowed, subject to all just exceptions. The applications stand disposed of.
CM APPL. 7521/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 25.01.2021) in LA.APP. 2/2021 CM APPL. 7450/2022 (Application on behalf of respondent no2/North Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 20:47:02 LA.APP. 2/2021 & Other Connected Matters Page 2 of 5 DMC for modification of order dated 10.02.2021) in LA.APP. 10/2021 CM APPL. 7523/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 10.02.2021) in LA.APP. 12/2021 CM APPL. 7515/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 10.02.2021) in LA.APP. 13/2021 CM APPL. 7517/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 22.02.2021) in LA.APP. 18/2021 CM APPL. 7452/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 25.02.2021) in LA.APP.19/2021 CM APPL. 7513/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 25.02.2021) in LA.APP.68/2021 CM APPL. 7519/2022 (Application on behalf of respondent no2/North DMC for modification of order dated 21.09.2021) in LA.APP. 70/2021
1. These applications have been filed by the North Delhi Municipal Corporation ["North DMC"] for modification of the various interim orders granted by this Court as a condition for stay of operation of the decrees. The dates of interim orders passed in these petitions are as follows:-
a. LA.APP. 2/2021: 25.01.2021
b. LA.APP. 10/2021: 10.02.2021
c. LA.APP. 12/2021: 10.02.2021
d. LA.APP. 13/2021: 10.02.2021
e. LA.APP. 18/2021: 22.02.2021
f. LA.APP. 19/2021: 25.02.2021
g. LA.APP. 68/2021: 21.09.2021
h. LA.APP. 70/2021: 21.09.2021
By way of these interim orders, stay of execution of the impugned judgments was granted on condition of deposit of 50% of the decretal amount. Time to deposit the said amount has been extended by this Court Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 20:47:02 LA.APP. 2/2021 & Other Connected Matters Page 3 of 5 on three occasions, lastly by an order dated 09.12.2021.
2. The deposit has not been made despite these extensions of time, and at this stage, North DMC, being the beneficiary department, has filed these applications seeking modification of the interim orders to the extent that the deposit of 25% of the decretal amount be accepted instead of 50%. Ms. Mini Pushkarna, learned Standing Counsel for the North DMC, relies upon an order of the Supreme Court dated 26.04.2019 in SLP(C) Diary No. 9860/2019 [North Delhi Municipal Corporation vs. Methodist Churches in India & Anr.], whereby the Supreme Court had granted a similar order in an appeal from an interim order of this Court. Ms. Pushkarna states that the aforesaid order of the Supreme Court was passed in land acquisition proceedings arising out of the same project as the present batch of appeals, viz. the construction of Rani Jhansi Grade Separator. Ms. Pushkarna also relies upon order dated 09.12.2021 passed in similar applications filed by the North DMC in similar appeals relating to the same project [LA.APP. 75/2020 (North Delhi Municipal Corporation vs. Sh Ajaz Ahmed & Anr.) and connected matters].
3. Issue notice. Ms. Jyoti Tyagi, learned counsel, accepts notice on behalf of the appellant-Union of India ["UoI"]. The private respondents be served through learned counsel appearing on their behalf.
4. The North DMC is directed to file an affidavit as to why the order of the Supreme Court was not brought to the attention of this Court earlier. It may be noticed that the North DMC has entered appearance in LA.APP. 2/2021 on 25.01.2021, and has been represented on each date since. The UoI will also file an affidavit as to the steps taken for deposit of the amounts as directed, pursuant to the interim orders granted by this Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 20:47:02 LA.APP. 2/2021 & Other Connected Matters Page 4 of 5 Court, which have been in operation for more than one year now.
5. Affidavits be filed within one week.
6. List on 28.02.2022.
PRATEEK JALAN, J FEBRUARY 10, 2022 'pv' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:10.02.2022 20:47:02 LA.APP. 2/2021 & Other Connected Matters Page 5 of 5