Delhi High Court
Arjun Kholi . vs The Administrator (Lt Governor Of ... on 5 May, 2017
$~50-52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 05.05.2017
+ W.P.(C) 2706/2017
ARJUN KHOLI ..... Petitioner
versus
THE ADMINISTRATOR (LT GOVERNOR
OF DELHI) AND ORS ..... Respondents
+ W.P.(C) 2747/2017
DEEMAN PROPERTIES P LTD ..... Petitioner
versus
THE ADMINISTRATOR (LT GOVERNOR
OF DELHI) AND ORS ..... Respondents
+ W.P.(C) 2768/2017
JN KOHLI ..... Petitioner
versus
THE ADMINISTRATOR (LT GOVERNOR
OF DELHI) AND ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioners : Mr. Shashwat Bajpai with Mr. Vibhor Bagga, Advocates
For the Respondents : Ms.Manvi Gola for Ms. Nidhi Raman and Ms. Isha Khanna,
Advs. for R-1
Mr. R.K. Yadav with Mr. Chetan Dutt, Advocates for R-2& 3
W.P.(C) 2706/2017,2747/2017 & 2768/2017 Page 1
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
% 05.05.2017
1. The petitioners herein, seek a direction to the Land &
Development Officer (L&DO) to execute the Deed of Apartment in
favour of the petitioners, in terms of the directions issued by a
Division Bench of this Court by its orders dated 28 th May, 2010, 13th
July, 2012 and 5th April, 2016 passed in Writ Petition (C)
No.1959/2007 titled O.S. Bajpai vs. The Administrator Lt. Governor
and other connected matters.
2. By judgment dated 13th July, 2012 in O.S. Bajpai (supra), the
Division Bench has directed that in the event of the apartment owners
applying to the Competent Authority (L&DO), the Competent
Authority shall, after granting opportunity of hearing to the
promoters/builders and after satisfying itself as to the transfer of
apartment to the promoters/builders and possession thereof, pass such
orders directing promoters/builders to execute and register the Deed
and if the promoters/builders still defaults, execute and register the
Deed itself.
3. In view of the above, the present petitions are disposed of
directing the respondents to conduct the proceedings in terms of the
directions given by the Division Bench by orders dated 28 th May,
2010, 13th July, 2012 and 5th April, 2016 passed in the case of O.S.
Bajpai (supra).
W.P.(C) 2706/2017,2747/2017 & 2768/2017 Page 2
4. The respondent- L&DO shall, after giving an opportunity of
hearing to promoters/builders and after satisfying itself of the
conditions as stipulated by the Division Bench, take steps in
accordance with law and if warranted, ensure execution of the Deed of
Apartment in favour of the petitioners. In case the L&DO comes to a
conclusion that the Deed of Apartment is not liable to be registered, it
shall pass a speaking order and communicate the same to the
petitioners.
5. The L&DO shall conclude the proceedings preferably within a
period of four months from today.
6. Needless to state that in case the petitioners are aggrieved by
any decision of the L&DO, they would be entitled to take such
remedies, as may be available to them in accordance with law.
7. The present petitions are accordingly disposed of.
Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
MAY 05, 2017
sd
W.P.(C) 2706/2017,2747/2017 & 2768/2017 Page 3
W.P.(C) 2706/2017,2747/2017 & 2768/2017 Page 4
