Supreme Court - Daily Orders
Himalayan Co-Operative Group Housing ... vs Balwan Singh . on 24 March, 2014
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ITEM NO.63 COURT NO.2 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).9302-9303/2013
(From the judgement and order dated 25/11/2010 in WPC No.7546/2005 and
dated 12/10/2012 in RP No.188/2011 in WPC No.7546/2005 of The HIGH COURT OF
DELHI AT N. DELHI)
HIMALAYAN CO-OPERATIVE GROUP HOUSING SOC Petitioner(s)
VERSUS
BALWAN SINGH & ORS. Respondent(s)
(With appln(s) for permission and permission to file affidavit of correct
facts and with prayer for interim relief and office report ))
WITH
SLP(C) NO. 9305-9306 of 2013
(With office report)
SLP(C) NO. 9308-9309 of 2013
(With appln.(s) for permission to file corrected synopsis and list of dates
and office report)
SLP(C) NO. 9310-9311 of 2013
(With office report)
SLP(C) NO. 9314-9315 of 2013
(With office report)
SLP(C) NO. 9316-9317 of 2013
(With appln.(s) for permission and office report)
SLP(C) NO. 9318-9319 of 2013
(With appln.(s) for permission and office report)
Date: 24/03/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE R.M. LODHA
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. Jayant Bhushan, Sr. Adv.
Mr. Ravikesh K. Sinha, Adv.
Mr. Rakesh K. Sinha, Adv.
Mr. Abhijat P. Medh,Adv.
For Respondent(s) Mr. N. Prabhakar, Adv.
Mr. Gopal Jha, Adv.
Mr. Kaushik Poddar,Adv.
Mr. Huzefa Ahmadi, Sr. Adv.
Mr. Sudeep Seth, Adv.
Ms. Ranjeeta Rohtagi, Adv.
Ms. Pragya Baghel, Adv.
UPON hearing counsel the Court made the following
O R D E R
One of the submissions of Mr. Jayant Bhushan, learned senior counsel for the common petitioner, is that if the High Court direction is allowed to be implemented, the facility/common area/play ground area of the petitioner - Society will be reduced.
Learned senior counsel for the respondent No. 1 disputes this position.
In order to resolve this controversy, we are of the view that it will be in the interest of justice if a report is called for from the Commissioner (Planning), Delhi Development Authority (D.D.A.) on this aspect.
We, accordingly, direct the Commissioner (Planning), D.D.A., to make a report to this Court on the following question :
Whether the compliance of the High Court’s direction will result in reduction in facility/common area/play ground area, etc. in the Society.
Petitioner shall supply the necessary documents in this regard to the Commissioner (Planning), D.D.A., within three weeks.
The respondents may also submit their views with materials before the Commissioner (Planning), D.D.A., within three weeks.
If necessary, Commissioner (Planning), D.D.A., may hear the parties before making report to this Court.
The report shall be submitted within three months. List the matters thereafter.
|(Rajesh Dham) | |(Renu Diwan) | |Court Master | |Court Master |