Dinesh Kumar vs. Gyanesh Bharti (Ias)

COURT NO.8

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Miscellaneous Application Nos. 2058-2059/2023 in CONMT.PET.(C) Nos.455-456/2022 in CONMT.PET.(C) Nos.1505-1506/2017 in SLP(C) Nos.10375-10376/2017

ANITA GOEL

Petitioner(s)

VERSUS

GYANESH BHARATI (IAS)

Respondent $(s)$

(FOR ADMISSION and IA No.133553/2023-CLARIFICATION/DIRECTION)

WTTH MA 2056-2057/2023 in CONMT.PET.(C) Nos.457-458/2022 in CONMT.PET.(C) Nos.1505-1506/2017 in SLP(C) Nos.10375-10376/2017 (XIV) (FOR ADMISSION and IA No.129243/2023-CLARIFICATION/DIRECTION)

Date: 11-12-2023 These petitions were called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE SANDEEP MEHTA

For Petitioner(s)

Mr. Krishnamohan K., AOR Ms. Dania Nayyar, Adv.

Ms. Kiran Bhardwaj, AOR

For Respondent(s)

• Mr. Ashwani Kumar, AOR Ms. Iti Sharma, Adv.
• Mr. Puneet Sharma, Adv.
• Mr. Anshay Dhatwalia, Adv.
• Mr. Gourab Mishra, Adv.
• Mr. Nishit Agrawal, AOR

Mr. K.M. Natraj, A.S.G.

Mrs. Diksha Rai, Adv.

Mr. Mukesh Kumar Maroria, AOR Mr. Sharath Nambiar, Adv. Mr. Akshey Amritanshu, Adv. Mr. Praneet Pranav, Adv.

Mrs. Arunima Dwivedi, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Wajeeh Shafiq, AOR Mr. Gurmeet Singh Makker, AOR

UPON hearing the counsel the Court made the following O R D E R

We have heard the learned counsel appearing for the contempt petitioners and the learned counsel appearing for the Municipal Corporation of Delhi.

Our attention is invited to various directions contained in the order dated 8th May, 2019 passed by this Court. Clauses (d) and (e) of paragraph 12 of the said order reads thus:

"d) Within one month from the date of this order, the Administrator shall prefer an appropriate application annexing therewith all the required documents including plans and drawings and seek permission to erect a new building with 18 apartments. Such application shall be preferred with the concerned appropriate Authorities including Municipal Corporation of Delhi.

e) Municipal Corporation of Delhi which has agreed in principle that the permission for erecting a new building can be granted, shall consider said application and take appropriate decision in the matter within one month from the date when the application is preferred."

(underline supplied)

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In the order dated 4th December, 2023 we have noted that the application for grant of permission has been processed and has been approved by the Layout Scrutiny Committee (LOSC) of the said Municipal Corporation. What was pointed out on the last date was that unless the application is approved by the Standing Committee appointed under the Delhi Municipal Corporation Act, 1954 (for short "the Corporation Act"), permission cannot be issued by the Corporation. The Standing Committee is required to be constituted in accordance with Section 45 of the Corporation Act. The counter affidavit filed today shows that the first meeting of the Corporation was held on 6th January, 2023. Though there was an agenda item of appointing members of the Standing Committee, for various reasons set out in the affidavit filed on 7th December, 2023, the Standing Committee, as of today, has not been constituted. Looking to what is stated in the said affidavit of the Commissioner of the Municipal Corporation, we find that the Standing Committee is not likely to be constituted in near future.

However, the order of this Court has to be implemented. Our attention is also invited to the subsequent order dated 1st February, 2023 passed by this Court which directed the Municipal Corporation to grant

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approval within eight weeks from the said date and, in fact, a further direction has been issued to the Society to ensure that construction of a new tower with 18 flats in terms of the proposal is completed within 18 months.

The only option available to this Court to ensure that the order of this Court is scrupulously implemented and the petitioners do not suffer prejudice is to exercise our jurisdiction under Article 142 of the Constitution of India by directing the Commissioner of the said Corporation to exercise powers of the Standing Committee to be constituted under Section 45 of the Corporation Act for the only purposes of dealing with the application made pursuant to the orders of its breach is alleged. Ordered accordingly. This direction is issued confined to the case in hand only with a view to ensure compliance with the earlier orders of this Court.

Considering the orders passed by this Court, we direct the Commissioner to grant permission as expeditiously as possible and in any event within a period of two weeks from today.

For reporting further compliance, list on 22nd January, 2024.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

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