Delhi High Court - Orders
Nbcc (India) Ltd vs The Municipal Corporation Of Delhi on 9 September, 2024
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12638/2024
NBCC (INDIA) LTD. .....Petitioner
Through: Mr. Chetan Sharma, ASG, Mr. Rajesh
Yadav, Sr. Adv with Mr. Kartik
Nagarkatti, Mr. Sanidamya Kumar,
Mr. Amit Gupta, Mr. Saurabh
Tripathi, Mr. Shubham Sharma, Mr.
Vikramaditya Singh, Advs.
versus
THE MUNICIPAL CORPORATION OF
DELHI .....Respondent
Through: Mr. Ajjay Arora, Mr. Kapil Dutta,
Mr. Vansh Luthra, Advs.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 09.09.2024
CM APPL. 52479/2024(Ex.)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 12638/2024
3. Having heard the learned ASG and Mr. Yadav who appears for the petitioner, the Court takes note of the provisions namely, Sections 44 and 45 of the Delhi Municipal Corporation Act, 1957 ('DMC Act'). A plain reading of Section 45 of the DMC Act would indicate that a Standing Committee is This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 05:42:25 mandated to be constituted which shall consist of six members elected by the counsellors from amongst themselves at the first meeting of the Corporation and one Member each elected by the members of the each Wards Committee from amongst themselves at the first meeting of the Wards Committee, after each general election or as soon as possible at any other meeting subsequently, thereto.
4. A plain reading would indicate that the Standing Committee has to come in place immediately after the general elections are conducted. The provision reads as under:-
"Section 45. Constitution of the Standing Committee:-
[(1) The Standing Committee shall consist off---
(i) six members elected by the councillors from among themselves at the first meeting of [ [the Corporation]];
(ii) one member each elected by the members of each Wards Committee from among themselves at the first meeting of the Wards Committee;
after each general election or as soon as possible at any other meeting subsequent thereto.] (2) On and [from such date as may be determined by [ [the Corporation]] by resolution] the Standing Committee shall be deemed to have been constituted.
5[(3) One-half of the members referred to in clause (i) of sub-section (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the Standing Committee after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 (27 of 1993), and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the Chairman of the Standing Committee may determine;] (4) During each succeeding year the members who have been longest in office shall retire therefrom:
Provided that in the case of a member who has been re-elected the term of his office shall for the purpose of this sub-section be computed from the date of his re-election.
6[(5) [ [The Corporation]] or the concerned Wards Committee as the case may be, shall in a meeting held immediately before the occurrence of the vacancies caused by the retirement of the members under This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 05:42:25 sub-section (3) or sub-section (4), elect the requisite member or members from amongst the councillors or from amongst members of the Wards Committee, as the case may be, to fill up those vacancies.] (6) Any councillor 9*** who ceases to be a member of the Standing Committee shall be eligible for re-election."
5. In the instant case, it is seen that the general elections were conducted in December, 2022. However, the Standing Committee has not yet been constituted.
6. The Court, at this stage, observes that non-constitution of the Standing Committee with due expedition is causing tremendous prejudice to the public at large. The Court, therefore, directs Mr. Ajjay Arora to take instructions and to assist the Court as to why the same has not been done.
7. List this matter on 10.09.2024.
PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 9, 2024/KG This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/09/2024 at 05:42:25