Delhi High Court - Orders
Dr Ruchika Gupta & Ors vs Union Of India & Ors on 18 September, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13084/2024 and CM APPL. 54666/2024
DR RUCHIKA GUPTA & ORS. .....Petitioners
Through: Mr.Jeevesh Nagrath, Mr.Arjun Gaur
and Mr.Rajat Gupta, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Prajesh Vikram Srivastava. SPC,
for R-1 to 4.
Mr.Vivek Nagar, G.P. for R-1 & 2.
Ms.Puhumi Aditya, Advocate for
Mr.Jawahar Raja, ASC (Civil)
GNCTD
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 18.09.2024 CM APPL. 54667/2024 (seeking exemption)
1. Exemption is granted, subject to all just exceptions.
2. The Petitioners shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. CM APPL. 54668/2024(seeking to file lengthy synopsis)
4. Exemption allowed, subject to all just exceptions.
5. Disposed of.
W.P.(C) 13084/2024 and CM APPL. 54666/2024(seeking directions)
6. The Petitioners are the owners of plot bearing No. E-4, Panchsheel This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 11:40:06 Park, New Delhi. The Petitioners' grievance arises from the Respondents' decision of holding that the said plot falls in the 'prohibited area' of the centrally protected monument, i.e., Siri Fort wall. This finding has led to denial of NOC for permission to carry out construction on the said plot, which is assailed in the present proceedings.
7. Mr. Jeevesh Nagrath, Counsel for the Petitioners asserts that the distance of their property from the protected monument is more than 104.62 metres and therefore, it falls under 'regulated area' as defined under Section 2(l) read with Section 20B of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (AMASR, Act).
8. Mr. Nagrath further points out that property bearing No. E-8, Panchsheel Park, New Delhi, has been granted NOC by the Respondents, pursuant to the order of this Court dated 28th February, 2023 in W.P. (C) 11876/2016. He submits that the property bearing No. E-8, which is in the vicinity of the Petitioners' property is in fact closer to the protected monument, as per expert measurement report dated 9th June, 2024.
9. Mr. Nagrath also emphasis that the Respondent No. 2 has not complied with the measurement yardstick prescribed by this Court in W.P. (C) 11876/2016, by measuring the distance of the Petitioners' plot from the nearest "visible" point of the Monument, irrespective of whether the said point is protected or not. Therefore, he contends that the Petitioners' request for issuance of NOC has been wrongly, and arbitrarily denied by holding that the Petitioners' plot falls within the 'prohibited area'.
10. Issue notice. Counsel mentioned in appearance above accept notice.
11. Issue notice to remaining Respondents, by all permissible modes upon filing of process fee, returnable on the next date of hearing.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 11:40:06
12. Re-notify on 27th September, 2024.
SANJEEV NARULA, J SEPTEMBER 18, 2024 SV
13. It is 3:00 PM. At this stage Mr. Prajesh Vikram Srivastava. SPC, appeared for Respondent Nos. 1 to 4 and accepts notice. He has been informed about the next date of hearing.
SANJEEV NARULA, J SEPTEMBER 18, 2024 SV This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 11:40:07