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Mathura Prasad And Ors vs South Delhi Municipal Corporation And ... on 29 July, 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
                                  MATHURA PRASAD AND ORS.                              ..... Appellant
                                                       Represented by:   Ms. Diya Kapur, Mr. Raghav
                                                                         Kumar, Mr. Aditya Lodha, Ms.
                                                                         Gauri Puri, Advs.
                                                versus
                                  SOUTH DELHI MUNICIPAL CORPORATION
                                  AND ORS.                                  ..... Respondent
                                                Represented by: Mr. Attin Shankar Rastogi,
                                                                Adv. for MCD.
                                                                Mr. Vikrant N. Goyal, Mr.
                                                                Shikhar Sardana, Mr. Mayank
                                                                Goswami, Mr. Ajay Singh,
                                                                Advs. SDMC/ R-2.
                                                                Mr. Parvinder Chauhan,
                                                                Standing Counsel, DUSIB/R-3.
                                  CORAM:
                                  HON'BLE MS. JUSTICE MUKTA GUPTA
                                  HON'BLE MR. JUSTICE C. HARI SHANKAR
                                                       ORDER

% 29.07.2022 CM APPL. 14924/2022 Exemption allowed subject to just exception. CM APPL. 14925/2022 (by R-3)

1. By this application the review petitioner seeks condonation of delay of 95 days in filing the review petition.

2. Notice. Learned counsel for the non-applicants accepts notice.

3. For the reasons stated in the application, delay of 95 days in filing the review petition is condoned.

4. Application is disposed of.

REVIEW PET. 81/2022 (by R-3) CM APPL. 14926/2022 (for impleadment of UOI by R-3) CM APPL. 14927/2022 (stay by R-3)

1. This writ petition was disposed of vide order dated 27 th November, 2019 directing the respondent No.3/ review petitioner herein to complete the process of allotment of flats/ dwelling units to the 289 eligible unit holders within a period of five months on receipt of necessary payment as per the Policy decision dated 14th June, 2016.

2. According to the respondent No.3/ review petitioner after the writ petition was disposed of, vide circular dated 31st December, 2020 the Central Government launched a scheme called Affordable Rental Housing Complex (ARHCs) as a sub-scheme under the Pradhan Mantri Awas Yojana and thus the respondent No.3 was restrained from allotting any of the flats available to them.

3. According to the review petitioner, though the review petitioner/ respondent No.3 is required to comply with the direction dated 27 th November, 2019, however due to the directions of the Central Government dated 31st December, 2020 it is not in a position to allot the 289 flats/ dwelling units.

4. Respondent No.3 has also sought impleadment of Union of India.

5. Notice. Learned counsel for the petitioner/ non-applicants as also learned counsel for Union of India accepts notice.

6. Reply affidavits if any be filed within four weeks. Rejoinder affidavits in four weeks thereafter.

7. List on 14th October, 2022.

8. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

C. HARI SHANKAR, J.

JULY 29, 2022 'ga' Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:04.08.2022 19:37:02