Delhi High Court - Orders
Municipal Corporation Of Delhi vs Delhi State Industrial And ... on 22 November, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1273/2022
MUNICIPAL CORPORATION OF DELHI ..... Petitioner
Through: Mr. Sanjeev Sagar, Standing Counsel
with Ms. Nazia Parveen, Advocate
versus
DELHI STATE INDUSTRIAL AND INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD & ORS ..... Respondent
Through: Mr. Bankim Garg, Mr. Rachit
Wadhwa and Mr. Sharaib Khan,
Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 22.11.2022 CM APPL. 50358/2022 Exemption allowed subject to just exceptions. The application stands disposed of.
CM(M) 1273/2022 & CM APPL. 50357/2022
1. This petition under Article 227 of the Constitution of India has been filed seeking setting aside of order dated 18th October 2022 passed by Principal District and Sessions Judge, South East District, Saket Courts in PPA No. 05/18 thereby quashing the directions qua issuance of show cause notice and summoning the Commissioner.
2. Heard.
3. Learned counsel appearing on behalf of the petitioner submitted that Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:23.11.2022 18:02:49 the Court below has passed the impugned order under the teeth of the order of Division Bench of this Court, wherein the next date fixed is 21st February 2023. It is also submitted that despite being informed that the matter has been seized of by the Division Bench and request has been made to Hon'ble Lieutenant Governor to look into the matter in accordance with law, the Court below issued show cause notice to the Commissioner, Municipal Corporation of Delhi for non-compliance of order dated 18th August 2022. It is also informed that the issue raised in the matter before the Division Bench in W.P.(C) 1473/2019 and before the Court below, is the same.
4. Heard learned counsel for the parties and perused the order dated 6 th October 2022 passed by Division Bench of this Court. The relevant portion of the order is reproduced herein below:-
"The Respondent Municipal Corporation has filed a reply and Annexure A to the reply dated 05.10.2018 reveals that the Hon'ble 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 Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:23.11.2022 18:02:49 requested to look into the matter and resolve the dispute between the parties as expeditiously as possible at an early date."
5. In view of the above, the impugned order dated 18th October 2022 passed by Principal District and Sessions Judge, shall remain stayed till further orders.
6. List on 22nd March 2023.
CHANDRA DHARI SINGH, J NOVEMBER 22, 2022 Aj/Mg Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:23.11.2022 18:02:49