Manushi Sangathan vs P.K. Panda And Ors.
2013 Latest Caselaw 5923 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+          W.P. (C) 4572/2007, CM APPL.8544/07, 6986/10 & 17940/11, 626,
           2724, 2801, 3663, 16320, 16453, 16454/2012
           W.P. (C) 8580/2009, CM APPL.5656/2009, CM APPL.8503/2012
           CONT. CAS (C) 564/2010, CM APPL.14826/2010, 793/2012
     W.P. (C) 4572/2007
     MANUSHI SANGATHAN, DELHI                                 ..... Petitioner
                  versus
     GOVT OF DELHI AND ORS.                              .....Respondents
     W.P. (C) 8580/2009
     INITIATIVE FOR TRANSPORTATION AND
     DEVELOPMENT PROGRAMMES                                   ..... Petitioner
                  versus
     MCD AND ORS.                                          ....Respondents
     CONT. CASE (C) 564/2010
     MANUSHI SANGATHAN                                          ..... Petitioner
               versus
     P.K. PANDA AND ORS.                                      .....Respondents
     Appearance: Ms. Indira Unninayar with Ms. Kirat Randhawa,
     Advocates for petitioners in WP (C) 4572/07 & Cont. Case (C) 564/2010.
     Mr. Sanjiv Ralli with Mr. Manu Parasher, Advocates for
     Intervener/Applicant ChandniChowk Sarv Vyapar Mandal.
     Mr. Nalin Sinha, petitioner in person in W.P. (C) 8580/2009.
     Mr. V.K. Tandon with Mr. Yogesh Saini, Advocates for PWD
     & GNCTD with Mr. Arun Baroka, Secretary, PWD, GNCTD.
     Ms. Madhu Tewatia with Ms. Sidhi Arora, Advocates for MCD.
     Ms. Geetanjali Mohan with Ms. Mansi Gautam, Advs for Railways.
     Mr. Arun Birbal Advocate for UTTIPAC.
     Mr. R.K. Pandey, DCP/Traffic.
     Mr. M.K. Vikkey, proxy for Mr. Rajiv Nanda, Advocate for Delhi Police.

     CORAM:
     HON'BLE MR. JUSTICE S. RAVINDRA BHAT
     HON'BLE DR. JUSTICE S. MURALIDHAR
                         ORDER

% 20.12.2013 Mr. Bharat Bhushan, the Inquiry Officer appointed by the Court, has submitted his report. In his letter of 20th September, 2013, he states that a sum of Rs.1,33,333 minus Rs.45,000 is due and payable from the Government of NCT of Delhi and the Delhi Police. The necessary payments shall be made to the IO forthwith, after giving credit to the amounts already paid.

The Court is informed that the 'no objection' from the Railways has been held up on account of payment of development charges. The Railways are insisting upon payment of 12.5% of the cost of work contending that this is payable in accordance with their Manual. It is stated that even the Northern Railway has to pay 8.5%, when it is awarded such works. Counsel further submits that the development charges include the expenses incurred in the tender process.

This Court is of the opinion that having regard to the nature of the work involved in the present case, which is not of commercial nature at all, and rather involves the revitalization of city transport, the Railway should not insist on development charges at 12.5% of the cost of the works. Instead the actual expenses incurred towards the tender process and a nominal amount towards development charges, at not more than 5% of the cost of works may be recovered from the Government of NCT of Delhi. It is ordered accordingly.

The North Delhi Municipal Corporation is hereby directed to issue its 'no objection' to the plan for the development of the Dangal Maidan, within two weeks from today.

List on 10th January, 2014 at 3:30 PM.

S. RAVINDRA BHAT, J

S. MURALIDHAR, J DECEMBER 20, 2013 /vks/