Shilpi Maheshwari vs. Emerald Court Owner Resident Welfare Association

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 (C) No(s). 14314/2014

(Arising out of impugned final judgment and order dated 11/04/2014 in WP No. 65085/2012 passed by the High Court Of Judicature at Allahabad)

DHIRENDER SHARMA & ORS. Petitioner(s)

VERSUS

EMERALD COURT OWNER RES.WEL.ASSOC.& ORS. Respondent(s)

(With appln.(s) for impleadment and interim relief and office report)

WITH

SLP(C) No. 21035/2014 With appln.(s) for directions and appln.(s) for directions and Office Report) SLP(C) No. 31117/2014 (With Office Report) SLP(C) No. 11959/2014 (With appln.(s) for permission to submit additional document(s) and Interim Relief and Office Report) SLP(C) No. 14262/2014 (With appln.(s) for permission to file SLP and Interim Relief and Office Report) SLP(C) No. 12470/2014 (With appln.(s) for exemption from filing O.T. and Interim Relief and Office Report)

Date : 27/07/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Dr. Rajiv Dhawan, Sr. Adv.<br>Mr. T.V.S. Raghavendra Sreyas, AOR<br>Ms. Pragati Gulati, Adv.
Mr. M. Shoeb Alam, AOR<br>Mr. Ujjwal Singh, Adv.
Mr. Fauzia Shakil, Adv.

Mr. Gopal Subraamanium, Sr. Adv. Mr. Atul Nanda, Sr. Adv. Mr. R. Chandrachud, AOR

ITEM NO.14 COURT NO.4 SECTION XI

Mr. Rajnish Singh, Adv. Mr. Keshav Mohan, Adv. Mr. Jitesh Srivastava, Adv. Mr. Somiran Sharma, AOR Mr. Ravindra Kumar, AOR For Respondent(s) Mr. P.S. Narsimha, ASG Mr. M. Rambabu, Adv. Mr. S.A. Haseeb, Adv. Mr. B. Krishna Prasad, AOR Mr. Jayant Bhushan, Sr. Adv. Mr. Milind Kumar, AOR Mr. Rajeev Singh, AOR Mr. Ravindra Kumar, AOR Mr. Ravi Prakash Mehrotra, AOR Mr. Shantanu Krishna, AOR Mr. Vinay Garg, AOR Ms. Deepam Garg, Adv. Mr. Upendra Mishra, Adv. Mr. Tanmaya Agarwal, Adv. Ms. Bina Gupta, AOR Mr. Vishwa Pal Singh, AOR Mr. Ashok K. Gupta, Sr. Adv. Mr. Farrukh Rasheed, Adv. Mr. Alok Gupta, Adv. Mr. S. Janani, Adv. Mr. Akhilesh Kumar Pandey, dv. Mr. Rajiv Singh, Adv. Mr. Pratap Singh, Adv. Ms. Arunima Dwivedi, Adv. Mr. Deepak Gupta, AOR UPON hearing the counsel the Court made the following O R D E R This Court, on 19.07.2016 had passed the following order : "Heard Mr. Gopal Subramonium, learned senior

counsel for the petitioner, Mr. C.A. Sundaram,

2

Mr. Jayant Bhushan, Mr. V. Giri, learned senior counsel for the respondents-in-part.

In course of hearing, a suggestion was given to Mr. P.S. Narasimha, learned Additional Solicitor General, who was requested to assist the Court to suggest name of the agency so that certain aspects can be verified. Learned counsel for the parties undertake to file the issues which can be verified by the nominated agency. Let the issues be filed by 22nd July, 2016.

In our considered opinion, the matter should be heard after the petitioner deposits a sum of Rs.5 crores before the Registry of this Court. Let the deposit be made by 25th July, 2016. Needless to say, the direction for deposit is without prejudice to the contentions to be raised in the case."

In pursuance of our order, Mr. Gopal Subramanium and Dr. Rajiv Dhawan, learned senior counsel for the appellant and Mr. Jayant Bhushan, learned senior counsel for the respondent have filed number of issues which are to be referred for calling for a verification report.

Having heard learned counsel for the parties, we only think it appropriate to call for a report on the following issue :-

"i. To ascertain whether the two towers – Tower 1 (Aster 2) and Tower 17 have dead end sides facing each other for the purpose of Reg. 24.2.1(6) of NOIDA Building Regulations 2010."

Be it stated, Mr. P.S. Narsimha, learned Additional Solicitor General, after obtaining instructions, has stated that NBCC will be the agency which will do the needful with regard to the issue that has been framed by this Court to verify, in the field. The competent authority of the NBCC shall issue notice to the petitioners and the respondents so that they can send their representatives and remain present at the time of verification. Needless to say, all parties shall cooperate and if any documents are required to be produced before the competent authority of NBCC, the same shall be made available for the purpose of determination of the issue that we have referred to hereinabove. The competent authority of the NBCC shall not travel beyond the issue. Let the exercise be completed with four weeks hence.

List the matter for further hearing on 6.9.2016.

Registry is directed to hand over a copy of this order to Mr. P.S. Narsimha,who has been requested to assist the Court in this regard.

I.A. No.14 in SLP (C) No.14314 of 2014

A copy of the application has already been served on Mr. R. Chandrachud, the advocate-on-record. Let the reply be filed within a week hence. The IA shall be taken up on 09.08.2016.

(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master