Suryaa Divine Homes Pvt. Ltd vs The Nct Of Delhi & Ors.
2021 Latest Caselaw 2708 Del

                                      $~39
                                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                           Judgment delivered on: 29th September, 2021
                                      +      W.P.(C) 11101/2021 & CM. APPLS. 34207-08/2021
                                      SURYAA DIVINE HOMES PVT. LTD                      ..... Petitioner

                                                                  versus

                                      THE NCT OF DELHI & ORS.                                ..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner : Mr. Anurag Ahluwalia and Mr. Lokesh Sukhwani, Advocates
                                                           (Through VC)

                                      For the Respondent:   Mr. Anupam Srivastava, ASC for GNCTD with Mr. Dhairya
                                                            Gupta, Advocate for R-1 to R-4.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                     JUDGMENT

SANJEEV SACHDEVA, J.

CM APPL. 34208/2021 (Exemption)

Allowed, subject to all just exceptions.

W.P.(C) 11101/2021 & CM. APPLS. 34207/2021 (for Stay)

1. Petitioner impugns order dated 06.04.2021 whereby the application filed by respondent No.5, (the transferor from whom petitioner intends to purchase the subject land), seeking a No Objection Certificate for transfer of the subject land has been dismissed on the ground that the details have not been provided by the concerned Land Acquisition Branch, Government

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:29.09.2021 Signing Date:30.09.2021 08:16:41 22:37 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

of NCT of Delhi with regard to the land acquisition and land status and further because litigation report has not been received from the Block Development Officer (South West), Government of NCT of Delhi.

2. Issue notice. Notice is accepted by learned counsel appearing for respondents No.1 to 4. Respondent No.5 is merely a proforma party from whom the petitioner intends to purchase the subject property, accordingly service of Respondent No. 5 is dispensed with.

3. Learned counsel appearing for respondents No.1 to 4, under instructions states that the order appears to be erroneous as the rejection order merely records that details have not been provided by the officers of the respondents, which was their internal matter and own responsibility.

4. In view of the above, the impugned order dated 06.04.2021 is set aside. Respondents are directed to consider the application of the petitioner afresh and decide the same in accordance with law, preferably within a period of three weeks from today.

5. In the meantime, the concerned officers of the respondents, who are supposed to respond and provide the tehsil report, land acquisition status and the land status are directed to provide the requisite details to the competent authority within a period of one week from today.

6. Petition is disposed of in the above terms.

                                                                                       SANJEEV SACHDEVA, J
                                      SEPTEMBER 29, 2021/NA


                                                                                                 Digitally Signed
Signature Not Verified                                                                           By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                        SACHDEVA
MAGGU                                                                                            Signing Date:29.09.2021
Signing Date:30.09.2021 08:16:41                                                                 22:37
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.