Delhi High Court - Orders
Delhi State Industrial & ... vs South Delhi Municipal Corporation on 6 October, 2022
Author: Satish Chandra Sharma
Bench: Chief Justice, Subramonium Prasad
$~9.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1473/2019 and C.M. No. 6773/2019 & 34547/2022
DELHI STATE INDUSTRIAL & INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD ..... Petitioner
Through: Ms. Deepali Gupta, Advocate.
versus
SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent
Through: Mr. Sanjay Poddar, Sr. Advocate with
Mr. Kunal Vajani, Standing Counsel,
Mr. Kunal Minani, Mr. Govind
Poddar, Ms. Shraddha Chirania and
Mr. Pranav Malhotra, Advocates for
respondent/ MCD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 06.10.2022 The Petitioner before this Court i.e. Delhi State Industrial & Infrastructure Development Corporation Ltd., which is a company controlled by the Government of NCT of Delhi, has filed this present Writ Petition.
The issue involved in the present case is that the Municipal Corporation of Delhi is allegedly auctioning parking sites which according to the Petitioner are under the ownership of the Petitioner Corporation.
Earlier also Writ Petition W.P.(C) No. 2366/2013 titled Okhla Industrial Estate Asso. Vs. South Delhi Municipal Corporation and Anr, Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.10.2022 18:29:21 was filed concerning the same issue and a Division Bench of this Court had passed the following order:
" The writ petition has been filed by the petitioner association stating that the land which has been vested with the respondent no.2 in pursuance to the Delhi Industrial Development, Operation and Maintenance Act, 2010 as notified on 11.11.2011 is sought to be utilized as car parking site by respondent no.1/South Delhi Municipal Corporation.
In our view the petitioner association really does not have a locus to raise this issue as the dispute at best is between the two respondents.
Learned counsel for respondent no.2 as per instructions states that they have not given any consent to respondent no.1 to use this site for car parking. He further states that a communication in this behalf has been addressed to respondent no.1. Learned counsel for respondent no.1 submits that they are in the process of responding to the communication of respondent no.2. He further states that as per the decision of the Lieutenant Governor the car parking site should be under one umbrella.
Be that as it may, it cannot be disputed before us that even if they want to come under one umbrella there has to be a consent of the land owing agency which in the present case is undisputedly respondent no.2.
The respondent no.1 is thus best advised to resist from floating tender without sorting out this issue with respondent no.2.
The writ petition accordingly stands disposed of. Dasti to learned counsel for the parties under signature of the Court Master."
The order passed by this Court makes it very clear that the site owning agency has to give its consent before the site could be leased for car parking services.
The Respondent Municipal Corporation has filed a reply and Annexure A to the reply dated 05.10.2018 reveals that the Hon'ble Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.10.2022 18:29:21 Lieutenant Governor has been requested to resolve the issue.
It is pertinent to note that under Article 239AA of Constitution of India which is a special provision and relates to Union Territory of Delhi, Hon'ble Lieutenant Governor is the Administrator. The issue can certainly be resolved by the Hon'ble Lieutenant Governor, especially keeping in view the order dated 11.09.1991 passed by the Hon'ble Supreme Court in the case of Oil and Natural Gas Commission and Another Vs. Collector of Central Excise 1992 Supp (2) SCC 432. In the said case, while dealing with a dispute between two government organisations, the Cabinet Secretary was directed to resolve the issue and to report compliance to the Hon'ble Supreme Court.
Resultantly, the Hon'ble Lieutenant Governor is requested to look into the matter and resolve the dispute between the parties as expeditiously as possible at an early date.
List on 21.02.2023.
Interim order to continue.
SATISH CHANDRA SHARMA, CJ SUBRAMONIUM PRASAD, J OCTOBER 6, 2022/aks Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:12.10.2022 18:29:21