M/S National Building ... vs Govt. Of Nct Of Delhi & Ors
2008 Latest Caselaw 1271 Del

               IN THE HIGH COURT OF DELHI

Writ Petition (C) No.7292/2007 & CMs 13857/2007 & 686/2008

                            Date of decision: 7th March, 2008

          M/S NATIONAL BUILDING CONSTRUCTION
          CORPORATION                      ... Petitioners
                    through: Ms. Ginny J. Rautray, Adv.

                              VERSUS

          GOVT. OF NCT OF DELHI & ORS.     ....Respondents

through: Mr. Vibhu Shankar, Advocate for the respondent.

Mr. Sanjay Poddar, Adv. with R.C. Ray, Adv. for the respondent.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

1.Whether reporters of local papers may be allowed to see the Judgment?

2.To be referred to the Reporter or not?

3.Whether the judgment should be reported in the Digest?

GITA MITTAL, J(Oral)

1. Learned counsel for the petitioner submits that a

meeting was held under the aegis of the Secretary,

Ministry of Urban Affairs & Poverty Alleviation, wherein the

matter has been finally resolved. Copy of the minutes

dated 5th May, 2008 has been placed on record. The same

records as under:-

"While initiating the discussions, Special Secretary (UD) clarified that DMRC is not really involved in the dispute between the Delhi Administration and NBCC and that

WP (C) No.7292/2007 Page No.1 they are interested only in expediting the construction of their yard in that area. It was further stated that presently the possession of the land (52.46 acres) is with the NBCC.

CMD, NBCC, MD, DMRC and Principal Secretary (UD), Delhi Administration expressed their views separately, where after Secretary (UD) resolved the issue as under:-

1. Actual land required by DMRC, which is approx. 10 acres for construction of its yard may be transferred to DMRC subject to the condition that the land would not be used for any commercial activcity/purpose.

II. GNCTD will be provided with 10 acres of land for meeting residential requirements after the lease deed is signed as per point (iv) below.

III. Rest of the land i.e. 32.4 acres (Approx.) will remain with NBCC Ltd.

IV Further, GNCTD will sign the Lease Deed with NBCC for the rest of the land to be used as per `land use' provided in MPD 2021.

Secretary (UD) also mentioned that this decision could be brought to the notice of the Delhi High Court as a commonly worked out arrangement taking into account vrious aspects of the issue in hand, on the next date of hearing for further directions of the Hon'ble Court."

2. In view of the above, learned counsel for the

petitioner says that the grievance of the petitioner would

stand satisfied in terms of the above.

3. Learned counsel for the petitioner submits that in

WP (C) No.7292/2007 Page No.2 view of the decision taken on 5th March, 2008, the DMRC

shall be permitted to use, occupy and commence its

operation on the subject land measuring 10 acres.

4. A prayer is however made that the Govt. of NCT of

Delhi be directed to execute the lease deed in favour of the

petitioner in a time bound manner.

Accordingly, this writ petition and applications are

disposed of in terms of the above decision taken in the

meeting on 5th March, 2008. The Govt. of NCT of Delhi

shall ensure that necessary steps in terms of the minutes

shall be completed within a period of eight weeks from

today.

Copy of this order be given dasti under the signatures

of the court master of this court.

(GITA MITTAL) JUDGE March 07, 2008 aa

WP (C) No.7292/2007 Page No.3