Delhi High Court
Dinesh Mittal & Ors. vs M/S Triveni Infrastructure ... on 12 September, 2017
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 08th September, 2017
Pronounced on: 12th September, 2017
+ CO.PET. 39/2009
DINESH MITTAL & ORS. ..... Petitioners
Through : Mr.Akhil Sibbal, Sr. Adv. with
Mr.Satish Choudhary, Adv. for
Maximal/applicant.
versus
M/S TRIVENI INFRASTRUCTURE
DEVELOPMENT CO. LTD ..... Respondent
Through : Ms.Ruchi Sindhwani, Sr. standing
counsel with Ms.Megha Bharara,
Adv. for Official Liquidator.
Mr.Abhay K.Das, Adv. for BSF
Family Welfare Society.
Mr.Dheeraj Malhotra and
Mr.Akshay Ringe, Advs. for
Triveni Faridabad Allottees
Association/Non-applicant
Mr.Sanjay S.Chhabra, Adv. for
Director of Triveni
Ms.Kajal Chandra, Adv. for
Rajeev Bansal/Renu Rathi.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
CA No.1462/2017
1. The applicant - Maximal Infrastructure Pvt. Ltd. entered into
an agreement with the respondent company to develop 10.335
acres of land out of its 48 acres of land in Sector 89, Faridabad.
However, after the agreement, the respondent company went into
liquidation. The Official Liquidator then moved an application CA
No.1328/2015 wherein an order dated 20th May, 2015 was passed
directing the applicant herein to execute the sale deed in favour of
respondent company for 10.335 acres of land. The Official
Liquidator vide its letter dated 12.08.2015 also claimed its rights
over 10.335 acres of land. The Official Liquidator applied for
bifurcation of licence to develop the said land and vide letter dated
01.10.2015 of DTCP, Haryana such prayer for bifurcation was
though allowed in principle, but the sale deed could not be
executed till date despite the applicant been allegedly inclined to
execute it. The site plan (annexed at page 30 of the application)
show the land for which the sale deed is to be executed as 'red'.
2. The learned Senior Standing Counsel for the Official
Liquidator during the arguments refer to some confusion qua the
total area of the land for which the sale deed was required to be
executed. Though she admits the area of land as shown in the
agreement dated 15.06.2007 and in the letter dated 03.08.2015 is
10.335 acres, but says the confusion has occurred due to different
statements made by the ex-directors of the respondent company at
different forums, one being before the Division Bench in Company
Appeal No.94/2012 as is noted in its order dated 11.02.2013 that
the total acreage of Triveni Signatures is 14 acres. Similar is the
objection of the learned counsel for Triveni Galaxy of Sector 78,
Faridabad, Haryana that demarcation of 14 acres of land be done
and not for 10.335 acres of land as the ex-directors had made
statements qua 14 acres of land before different authorities.
3. Learned counsel appearing on behalf of ex-directors
however clarifies and had made a statement at bar, under
instructions of his clients that actual land which need to be
transferred to the respondent company in liquidation is 10.335
acres of land and not 14 acres of land. The affidavit of ex-director
be filed in this regard within a week from today.
4. To resolve the controversy one may refer to two documents;
viz a) agreement dated 15.06.2007 entered into between the parties
which read as under:-
"AND WHEREAS the present Agreement is
in respect of a portion of the land
admeasuring approx: 10.3350 acres situate
at Village Tikawali, Sector 89, Faridabad,
Haryana detailed in Annexure-C and more
specifically shown in colour yellow in
Annexure-C(hereinafter referred to as the
"said property")"
"3.SCOPE OF THE AGREEMENT
3.1 That for the Consideration as agreed in
this Agreement, owners hereby agree to
grant, convey and transfer to the fourth
party all their rights, titles interest in the
construction and sale of the part of group
housing comprising of 11,28,204 sq. fts. of
sanctioned FSI, which includes FSI area for
EWS on the said property (hereinafter
referred to as the said area) and the fourth
party hereby agrees and undertakes to
develop and construct the said area in
accordance with the sanction plans,
approvals and licenses subject to the terms
and conditions of this Agreement. The fourth
party shall be liable to construct the EWS
flats and to dispose them in accordance with
law.
3.2 xxx xxx
3.3 The fourth party shall not have any FSI
rights or claim (except on the area allotted
to the fourth party) on buildings earmarked
for nursery school, health cente, community
centre, hospital, dispensary, church,
religious places etc specifically sanctioned
for the whole project on 48.038 acres."
5. Further, the letter dated 03.08.2015 issued by the Official
Liquidator to the Department of Town and Country Planning also
note:-
"Subject: In the matter of M/s Triveni
Infrastructure Development Co Ltd (in
Liqn.) C.P. No.39/2009. Renewal of License
and Change of the beneficial interest in
respect of Group Housing Colony with
permissible FSI/FAR calculated @ 1.75 of
14.80 acres of land, which is equivalent to
11,28,204 sq.ft.(including proportionate
FAR area for EWS) and more particularly
shown in Zone-B of the sanctioned plans of
License Nos.34,35, & 36 of 2007, on the
land area measuring 10.335 acres in
Sector-89, Faridabad, excluding rights on
roads and community sites, etc AND
Issuance of „No Objection Certificate‟ in
respect of sale of land and FSI, situated in
Sector - 89, Faridabad under License
No.34,35, & 36 of 2007 by M/s Triveni
Ferrous Infrastructure Development
Company in favour of M/sTriveni
Infrastructure Development Co. Ltd (in
Liqn.)"
6. The above documents reveal that an area of 14.80 acres is
referred only in connection with FSI/FAR calculated @ 1.75 which
is equivalent to 11,28,204 square feets (including the proportionate
FAR area for EWS) and is actually not the area to be transferred to
the respondent company. The area is specifically stated in Clauses
aforementioned of the agreement dated 15.06.2007. The learned
counsel for non applicants have not been able to show if the
agreement dated 15.06.2007 was ever amended by any new
agreement or by any MOU or any corrigendum etc. Hence, once
the source document describes the area of the land to be transferred
is only 10.335 acres in Sector 89, Faridabad, Haryana, then 14.80
acres cannot be read into it. Needless to say the issue of
bifurcation of license(s) is still pending with DTCP and they have
agreed for bifurcation of license(s) in principle, as admitted.
7. Thus, where agreement dated 15.06.2007 itself describes the
extent of land in question, its area, more described in the site plan
annexed to it as 10.335 acres so allowing its demarcation, to my
mind, would not cause any prejudice to any of the parties. Though,
it is alleged by the learned counsel for BSF Association that by
way of demarcation the applicant may claim ownership over the
remaining land, which issue is pending before this Court, so it is
clarified that this demarcation shall be without prejudice to the
rights and contentions of either parties and would not limit/create
right in favour of either party till the dispute qua ownership is
settled.
8. Accordingly, the Halka Patwari, Village Tikawali,
Faridabad, the AC-II Grade, Faridabad, the Halka Girdhawar,
Faridabad are directed to carry out the demarcation now on
17.09.2017 at 12.00 noon under intimation to all the concerned.
9. Needless to state that the proceedings slated for 10.09.2017
shall now be conducted on 17.09.2017. All concerned may join
the demarcation process.
10. The report be filed with the Court on or before 25.09.2017.
11. The application stands disposed of accordingly.
YOGESH KHANNA, J
SEPTEMBER 12, 2017
VLD
