Delhi High Court - Orders
Mathura Prasad And Ors vs South Delhi Municipal Corporation And ... on 14 October, 2022
Author: Mukta Gupta
Bench: Mukta Gupta, C. Hari Shankar
$~2 (Spl. DB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 3430/2017
REVIEW PET. 81/2022 (by R-3)
CM APPL. 14927/2022 (stay by R-3)
MATHURA PRASAD AND ORS. ..... Petitioner
Represented by: Ms. Gauri Puri, Advocate with
Ms.Aditi Gupta and
Mr.Krishna Arun Sharma,
Advocates.
Versus
SOUTH DELHI MUNICIPAL CORPORATION
AND ORS. ..... Respondent
Represented by: Mr.Shaan Mohan, Advocate
with Mr.Gagan Sharma,
Advocate for R-2.
Mr. Parvinder Chauhan,
Standing Counsel with
Mr.Sushil Dixit, Advocate for
R-3/DUSIB.
Mr.Vikrant, Advocate with
Mr.Shikhar Sardana, Advocate
for R6/UOI.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 14.10.2022 CM APPL. 14926/2022 (for impleadment of UOI by R-3)
1. Review petition 81/2022 has been filed by the respondent No.3 in respect of the order dated 27th November 2019 whereby this Court had Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:17.10.2022 18:10:46 directed the respondent No.3 to complete the process of allotment of flats/dwelling units to 289 eligible unit holders within a period of five months on receipt of necessary payments as per the policy decision dated 14th June 2016.
2. According to the respondent No.3 after the writ petition was disposed of, vide the circular dated 31st December 2020, the Central Government launched a scheme called 'Affordable Rental Housing Complexes' (ARHCs) as a sub-scheme under 'Pradhan Mantri Awas Yojna-Urban' and thus, respondent No. 3 is now restrained from allotting any of the flats/dwelling units available. It is in this background, the respondent No. 3 seeks recalling of the order dated 27th November 2019 and states that impleadment of Union of India is necessary for a just decision in the matter as the respondent No. 3 cannot implement the directions of this Court dated 27th November 2019 in view of the circular issued by the Union of India.
3. Considering the fact that the Union of India is a necessary party to be heard in case order dated 27th November 2019 is required to be implemented or reviewed, the application is disposed of impleading Union of India as a party. Amended memo of parties be filed by the review petitioner. REVIEW PET. 81/2022 (by R-3) CM APPL. 14927/2022 (stay by R-3)
1. Learned counsel for the Union of India will file an affidavit in response to the writ petition as also the review petition within four weeks. Rejoinder affidavit within four weeks thereafter.
2. List the review petition and the application on 13th January 2023.
Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:17.10.2022 18:10:463. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
C. HARI SHANKAR, J.
OCTOBER 14, 2022/akb Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:17.10.2022 18:10:46