IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 4253/2011 and CM Nos. 8732/2011, 13119/2011 and 1680/2012
SIKH FORUM FOR SERVICE AND JUSTICE ..... Petitioner
Through: Mr Gurbaksh Singh and Ms Meenakshi Sharma, Advs.
versus
THE GNCT OF DELHI AND ORS ..... Respondents
Through: Ms Sana Ansari, Adv. for R-1.
Mr Lokesh, proxy counsel for Ms Sangeeta Chandra, Adv. for R-2/DDA.
Mr Vivek Sood, Adv. for Resp./NDMC.
Mr Raj Kamal, Adv. for R-4 with Mr Shamsher Singh, Supdt. (Property and
Legal).
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
O R D E R
17.12.2012
In CM No. 2083/2012 certain directions were issued by this Court on
22.03.2012. The sum and substance of the directions issued was that
respondent no. 4 would forthwith stop construction of the underground
parking in issue. Furthermore, respondent nos. 1 to 3, were directed to
enforce compliance of the said order. The Court, also went on to observe
that on respondent no. 4 satisfying the conditions prescribed by law it
would be entitled to obtain sanction of building plans qua the
underground parking in issue. The Court further observed that, if
sanction for construction is accorded, it shall be open to respondent no.
4 to carry out further works in accordance with the sanction obtained.
Respondent no. 4 was also put to notice that, in case, there was breach
of the directions made in the said order,
W.P.(C) 4253/2011 Page 1 of 2
it would be viewed seriously.
Today, learned counsel for respondent no. 4 states, on instructions
of Mr Shamsher Singh, Superintendent (Property and Legal), that they
would not only abide by the directions contained in the order dated
22.03.2012, but would also further undertake not to carry out any
construction in the underground parking in issue, till sanction as per
law is obtained from all concerned statutory authorities.
In this behalf, learned counsel for respondent no. 4, undertakes to
file an affidavit of the President of respondent no. 4, in terms of the
undertaking, given today. It is stated that the affidavit would be
filed within two weeks from today.
The aforesaid undertakings are taken on record.
In view of the aforesaid undertakings being given, on behalf of
respondent no. 4, learned counsel for petitioner says that he does not
wish to press the writ petition any further.
Respondent no. 4 shall remain bound by the undertakings given to the
Court. In the event of breach, proceedings under the Contempt of Courts
Act, 1971 would be initiated. The initiation of contempt proceedings
will not preclude the petitioner from taking recourse to any other remedy
that may be available in law, to it.
Accordingly, the petition and the pending applications are disposed
of.
RAJIV SHAKDHER, J
DECEMBER 17, 2012
kk
W.P.(C) 4253/2011 Page 2 of 2
$ 9
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 4253/2011 and C.M. Nos. 8732/2011, 13119/2011 and 1680/2012
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 4253/2011 and C.M. Nos. 8732/2011, 13119/2011 and 1680/2012
SIKH FORUM FOR SERVICE AND JUSTICE ..... Petitioner
Through: Mr. Gurbaksh Singh, Advocate.
versus
THE GNCT OF DELHI AND ORS ..... Respondents
Through: Ms. Sana Ansari, Advocate for the respondent No. 1/GNCTD.
Ms. Pooja Bahuguna, Advocate for the respondent No. 2/DDA.
Mr. Arjun Pant, Advocate for the respondent No. 3/NDMC.
Mr. G.K. Bharti, Mr. Rajesh Dhawan, Mr. Sudhanshu Malhotra, Mr. Raj
Kamal and Mr. S.K. Bharti, Advocates for the respondent No. 4/DSGMC.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
22.03.2012
C.M. No. 2083/2012
The status report has been filed by the NDMC in terms of the last
order. Along with the status report, the NDMC has annexed the
communication dated 26.09.2011, whereby the plans presented by the
President of the Delhi Sikh Gurudwara Management Committee have been
rejected for various reasons. The NDMC has further disclosed that since
the illegal and unauthorized construction is going on, they had issued
notice under Section 248 of the NDMC Act calling upon the respondent No.
4 to stop the unauthorized construction. Respondent No. 4 has also been
informed that such unauthorized construction is punishable with simple
imprisonment upto six months or with fine which may extend to Rs.5,000/-
or both. Another order under Section 248 was issued on 13.02.2012.
Since the unauthorized construction is going on, the NDMC has also sought
police protection for enforcing the stoppage orders.
The conduct of respondent No. 4 in brazenly going on with the
construction of the underground parking is deplorable. Without obtaining
a sanction, the said construction is being undertaken even though their
application for sanction has been refused for various reasons, and they
have been asked to stop the works.
The respondent No. 4 is directed to forthwith stop construction of
the underground parking in question. Respondents No. 1 to 3 as well as
the S.H.O. of the local police station concerned, are directed to
strictly enforce compliance of this order.
It shall be open to respondent No. 4, in the meantime, to proceed
to satisfy the conditions prescribed by law and to obtain sanction of
building plans of the underground parking. In case the sanction for
construction is accorded in the meantime, it shall be open to respondent
No. 4 to carry out the further works in accordance with the sanction.
Breach of this order shall be viewed seriously by the Court.
Adjourned to 11.07.2012.
VIPIN SANGHI, J
MARCH 22, 2012
?BSR?
15.
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 4253/2011 and C.M. Nos. 8732/2011, 13119/2011 and 1680/2012
SIKH FORUM FOR SERVICE AND JUSTICE ..... Petitioner
Through: Mr. Gurbaksh Singh, Advocate.
versus
THE GNCT OF DELHI AND ORS ..... Respondents
Through: Ms. Sana Ansari, Advocate for the respondent No. 1/GNCTD.
Ms. Pooja Bahuguna, Advocate for the respondent No. 2/DDA.
Mr. Arjun Pant, Advocate for the respondent No. 3/NDMC.
Mr. G.K. Bharti, Mr. Rajesh Dhawan, Mr. Sudhanshu Malhotra, Mr. Raj
Kamal and Mr. S.K. Bharti, Advocates for the respondent No. 4/DSGMC.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R
22.03.2012
C.M. No. 2083/2012
The status report has been filed by the NDMC in terms of the last
order. Along with the status report, the NDMC has annexed the
communication dated 26.09.2011, whereby the plans presented by the
President of the Delhi Sikh Gurudwara Management Committee have been
rejected for various reasons. The NDMC has further disclosed that since
the illegal and unauthorized construction is going on, they had issued
notice under Section 248 of the NDMC Act calling upon the respondent No.
4 to stop the unauthorized construction. Respondent No. 4 has also been
informed that such unauthorized construction is punishable with simple
imprisonment upto six months or with fine which may extend to Rs.5,000/-
or both. Another order under Section 248 was issued on 13.02.2012.
Since the unauthorized construction is going on, the NDMC has also sought
police protection for enforcing the stoppage orders.
The conduct of respondent No. 4 in brazenly going on with the
construction of the underground parking is deplorable. Without obtaining
a sanction, the said construction is being undertaken even though their
application for sanction has been refused for various reasons, and they
have been asked to stop the works.
The respondent No. 4 is directed to forthwith stop construction of
the underground parking in question. Respondents No. 1 to 3 as well as
the S.H.O. of the local police station concerned, are directed to
strictly enforce compliance of this order.
It shall be open to respondent No. 4, in the meantime, to proceed
to satisfy the conditions prescribed by law and to obtain sanction of
building plans of the underground parking. In case the sanction for
construction is accorded in the meantime, it shall be open to respondent
No. 4 to carry out the further works in accordance with the sanction.
Breach of this order shall be viewed seriously by the Court.
Adjourned to 11.07.2012.
VIPIN SANGHI, J
MARCH 22, 2012
?BSR?
15.