Delhi High Court
Neeta Bhardwaj & Ors. vs Kamlesh Sharma on 20 May, 2022
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
$~4(SB), 3(SB), 5(SB), 6(SB), 7(SB) & 14 to 39 & 43 to 45
Date of Decision:20th May, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO 36/2021 & CM APPLs.2914/2021, 10442/2021, 10444/2021,
20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021,
25884/2021, 25885/2021, 26495/2021, 29121/2021, 38063/2021,
38289/2021, 39643/2021, 43944-46/2021, 3172/2022, 3455/2022,
5641/2022, 5642/2022, 5803/2022, 5865/2022, 7745/2022,
13472/2022, 16153/2022, 17039/2022, 18207/2022, 18247/2022,
18248/2022, 21768/2022, 21801/2022, 21802/2022, 21803/2022,
22125/2022, 23093/2022
NEETA BHARDWAJ & ORS. ..... Appellants
versus
KAMLESH SHARMA ..... Respondent
With
+ CM (M) 323/2021 & CM APPL. 14178/2021, 20945/2021,
20949/2021, 40269/2021
+ CM (M) 575/2021 & CM APPL. 29013-14/2021, 43796-97/2021,
19915/2022
+ CONT.CAS(C) 614/2021
+ RSA 109/2018 & CM APPLs.30168/2018, 70/2019
+ CS (OS) 55/2022
+ CS (OS) 56/2022
+ CS (OS) 57/2022
+ CS (OS) 511/2021
+ CS (OS) 512/2021
+ CS (OS) 518/2021
+ CS (OS) 520/2021
+ CS (OS) 521/2021
+ CS (OS) 526/2021 & I.A. 7511/2022
+ CS (OS) 527/2021 & I.As.1717-18/2022
+ CS (OS) 533/2021 & I.As.1721-22/2022
+ CS (OS) 535/2021 & I.A. 7552/2022
+ CS (OS) 538/2021 & I.As.1725-26/2022
+ CS (OS) 539/2021
+ CS (OS) 540/2021 & I.A. 7940/2022
+ CS (OS) 541/2021 & I.As.1723-24/2022
+ CS (OS) 542/2021
+ CS (OS) 544/2021 & I.As.1719-20/2022
FAO 36/2021 & connected matters Page 1 of 16
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
+ CS (OS) 545/2021
+ CS (OS) 546/2021
+ CS (OS) 547/2021 & I.As.1715-16/2022
+ CS (OS) 552/2021 & I.As. 16148-49/2021
+ CS (OS) 554/2021
+ CS (OS) 579/2021
+ CS (OS) 588/2021 & I.A. 6019/2022
+ CS (OS) 648/2021
+ CS (OS) 2499/2010
+ CS (OS) 641/2005 & I.As. 19445/2014, 24296/2015
+ CS (OS) 642/2005 & I.As. 19847/2012, 16501/2014, 16502/2014,
19512/2014, 2234/2015, 24297/2015
Appearances:-
Mr. Rohit K. Naagpal and Mr. Dipanshu Gaba, Advocates in FAO 36/2021.
(M:9873730191)
Mr. R. K. Bhardwaj, Advocate for Appellant in FAO 36/2021.
(M:9312710547)
Mr. Kush Bhardwaj, Advocate. (M:9891074686)
Mr. Luv Bhardwaj, Advocate. (M:9990693140)
Ms. Samapika Biswal and Ms. Shambhavi Kala, Advocates. (M:9818668876)
Mr. Thakur Sumit, Advocate for Defendants in CS (OS) 588/2021 & Petitioner
in CM (M) 323/2021. (M:9968454481)
Mr. Neeraj Bhardwaj, Advocate for Mr. Vipul Gaur. (M:9350271061)
Mr. Sarvesh Bhardwaj, Advocate for Plaintiffs/LRs/Defendants
(M:9350301058).
Mr. Sanjeev Kumar Dubey, Sr. Advocate with Mr. Rajmangal Kumar,
Advocate for Applicants in CM Nos.18207/2022 & 17247/2022.
(M:9871211544)
Mr. Arun Birbal, Mr. Sanjay Singh, Ms. Sonia Singhani and Ms. Vidhi Gupta
Advocates for DDA. (M:9958118327)
Mr. Siddharth Panda, Standing Counsel for SDMC. (M:9891488088)
Mr. Zoheb Hossain, Advocate. (M:866910977)
Mr. Nitin Jain, Mr. Vishal Chauhan, Ms. Komal Jain, Mr. Rishabh Singhal and
Ms. Kavita Singh, Advocates for Shopkeepers. (M:9716569056)
Mr. Prabhas Chandra, Advocate for D-2. (M:9871254033)
Ms. K. Kiran, Advocate. (M:9818893995)
Mr. Anuj Chaturvedi, Advocate for DUSIB.
Mr. Kamal Mehta, Advocate.
Mr. Jameel Ahemad, Advocate. (M:9810961212)
FAO 36/2021 & connected matters Page 2 of 16
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
Mr. Goonmeet Singh Chauhan, Architect.
Inspector Balbir Singh, SHO/Kalkaji and SI Manu Dev PS Kalkaji in person.
Mr. Adithya Nair, Advocate for Mr. Gautam Narayan, for GNCTD.
(M:8007515131)
Mr. Sunil Fernandes, SC BSES-RPL with Mr. Shubham Sharma, Advocates.
Mr. Anurag Ahluwalia, CGSC with Mr. Shubham Gupta & Mr. Rishab
Narayan, Advocates. (M:9811418995)
Mr. Anunaya Mehta and Mr. Vinayak Thakur, Advocates. (M:9013008939)
Mr. Rajesh Ranjan Singh & Ms. Preeti Chaudhary, Advocates.
Mr. Lokesh Bhardwaj, General Secretary for SKMPSC
([email protected])(M:9205084060)
Mr. Kaoliangpou Kamei & Mr. Amit Kumar, Advocate. (M:9899754667)
Mr. Prashant Manchanda, ASC (Civil), GNCTD in FAO 36/2021.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has
been hearing from time to time. These are part-heard matters.
3. Vide previous order dated 27th September, 2021, Ms. Manmeet Arora
was appointed as Assistant to the ld. Administrator. The relevant paragraph
of the said order is set out below:
"107. The ld. Administrator shall be assisted by
Ms. Manmeet Arora, who has been appointed as
the Local Commissioner by this Court in these
cases, from time to time, and has submitted
various reports on the condition of the Kalkaji
Mandir. The ld. Administrator may appoint a
Secretary-cum Treasurer to assist him in carrying
out his mandate and day-to-day functioning."
4. The said ld. Counsel who had been appointed as the Assistant to the
ld. Administrator, has since been elevated as a Judge of this Court.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
Accordingly, Ms. Samapika Biswal, ld. Counsel who has been working with
the erstwhile counsel, Ms. Arora, and who has also been assisting the ld.
Administrator on a continuous basis and appearing before the Court on
behalf of the ld. Administrator, is appointed as the Assistant to the ld.
Administrator. Considering the standing of Ms. Biswal, ld. Counsel, her
payment is fixed at Rs.75,000/- per month, instead of Rs.1,50,000/- per
month which was earlier fixed, payable in the same manner as that of the
erstwhile Assistant mutatis mutandis.
5. At the outset, it is noted that as recorded in the previous order dated
13th May, 2022, ld. Counsels appearing for the pujaris who were the
petitioners before the Supreme Court in SLP No.9073/2022 titled Nathi
Ram Bhardwaj & Ors. v. Neeta Bhardwaj & Ors. and the Division Bench
in LPA No.172/2022 titled Vinayak Bhardwaj v. Neeta Bhardwaj, and of
various baridaars and pujaris had clearly and unequivocally submitted that
they support the redevelopment of the Kalkaji Mandir fully. However, they
ought to be allowed to participate in the redevelopment process and give
their suggestions and recommendations to the ld. Administrator and the
Architect. The Court had accordingly directed them to give their suggestions
and the said process is already underway before the ld. Administrator. The
relevant extract of the said order dated 13th May, 2022, reads as under:
"8. Going forward, the submission of Mr. Vikas Singh,
Id. Senior Counsel and Mr. Rakesh Bhardwaj, Id.
Counsel, appearing for the pujaris who were the
petitioners before the Supreme Court in SLP
No.9073/2022 titled Nathi Ram Bhardwaj & Ors. v.
Neeta Bhardwaj & Ors. and the Division Bench in LPA
No.172/2022 titled Vinayak Bhardwaj v. Neeta
Bhardwaj, and of various baaridars and pujaris is that
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
they support the redevelopment of Kalkaji Mandir
fully, however, in the redevelopment process, the
baaridars and the pujaris ought to be allowed to
participate and give their suggestions and
recommendations to the Id. Administrator and the
Architect. Their submission is that the role of the
Pujaris and the Dharamshala occupants ought to be
acknowledged and some part of the redevelopment
ought to account for their interests as well.
9. In view of the submissions made by the
Dharamshala occupants and the pujaris today, they
are permitted to appear before the ld. Administrator at
a suitable time and date fixed by the ld. Administrator
in order to enable them to give their
suggestions/recommendations/proposals to the Id.
Administrator in respect of the redevelopment. During
this meeting, it is made clear that the concerns of the
ld. Administrator regarding the waiting rooms for
devotees and proper arrangements of food and water,
shall be kept in mind while discussing the
redevelopment with pujaris and dharamshala
occupants. The ld. Architect shall be present in such
meetings."
6. This Court has been informed by the Ld. Administrator that the first
of such meetings has been conducted by the ld. Administrator on 18th May,
2022. As per the Minutes of Meeting dated 18th May 2022 placed on record
by the Ld. Administrator, the pujaris were apprised of the requirements of
the devotees that needs to be taken into consideration for redevelopment.
The pujaris were then invited to submit their suggestions in writing along
with a layout plan to the Ld. Administrator. The said Minutes are set out
below:
"MINUTES OF THE MEETING WITH THE
PUJARIS DATED 18.05.2022
1. The undersigned convened a meeting with the
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
Pujaris of the Kalkaji Mandir pursuant to the order
dated 13.05.2022 passed by the Hon'ble Delhi High
Court at 3:30 PM in the Mandir Complex to invite
suggestions/recommendations/proposals from the
Pujaris in respect of the redevelopment of the Mandir
Complex. The attendance sheet is annexed along with
the Minutes.
2. The undersigned informed the Pujaris that the
Kalkaji Mandir receives the highest footfall of devotees
in Delhi and that presently, the Mandir Complex is
able to accommodate only 1500 persons at a time. The
rest of the devotees are forced to stand on the road and
wait for hours without any arrangements. The
undersigned further informed the Pujaris that the re-
development plan as prepared will require certain
modifications as the demarcation report provided by
the SDM's office of the year 2012 indicates that the
Mandir Complex land is 17-18 acres, whereas the
earlier re-development plan is for 12 acres of land.
3. The undersigned suggested that in the re-
development plan, there should be arrangements for
the followings:
(a) Temple office, bank, medical center;
(b) Pooja shops;
(c) Rooms/halls for storage of Pooja items and
resting for Baridaars;
(d) Bhojanalya and Bhandara sthall;
(e) Auditorium halls for holding satsang, kirthan
sthall and for holding functions like mundan,
birthdays, celebrations etc.;
(f) Waiting hall for the devotees;
(g) Waterfalls, parks, parking;
(h) Dharamshalas for the devotees.
4. The undersigned invited all the Pujaris to submit
their suggestions in writing along with a layout plan to
the office of the undersigned.
5. Accordingly, the Architect was requested to provide
a rough layout plan to the office of the undersigned to
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
be circulated to the Pujaris within one week. The
Pujaris requested that they be given 30 days' time to
submit their suggestions. However, the time suggested
appears to be on the higher side. Accordingly, the
Pujaris were given 15 days' time after the layout plan
to be circulated by the Architect to submit their
suggestions."
7. In terms of the above Minutes, the layout plan is to be given to the
pujaris. Ms. Biswal, ld. Counsel, also submits that the layout plan of the
Kalkaji Mandir along with the AutoCAD drawings is being provided to the
pujaris/baridaars today.
8. Some of the ld. Counsels appearing for the baridaars and pujaris have
expressed that they would like to have regular meetings with the ld.
Administrator in order to participate in the redevelopment process
effectively, as also for giving suggestions, etc. with respect to the running of
the Kalkaji Mandir.
9. It is clear that the redevelopment of the Kalkaji Mandir can
commence only if all persons who are in occupation of the dharamshalas,
vacate the premises which are in their occupation. Accordingly, since the
occupants of the dharamshalas are either pujaris/baridaars, considering the
stand of the pujaris and baridaars that they support the redevelopment, this
Court deems it fit to issue the following directions:
(i) With regard to the vacation of the premises of the Kalkaji Mandir, in
the interest of redevelopment, as also, basis the submissions of the
counsels recorded in the previous order dated 13th May, 2022, the
pujaris/baridaars who are occupying the dharamshalas shall make
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
submissions before this Court concerning the timelines of such
vacation on 1st June, 2022. On the said date, this Court would direct
the final vacation of the dharamshala premises by all occupants. If
any party wishes to make any submissions in this regard, they shall do
so on 1st June, 2022.
(ii) The pujaris/baridaars shall submit their suggestions with regard to
the redevelopment, to the ld. Administrator within 15 days of
obtaining the layout plan. Pursuant to the same, such parties shall
appear before the ld. Administrator on 4th June, 2022 at 5 P.M., by
which time all the suggestions of the pujaris/baridaars shall be
submitted. On the said date, the ld. Administrator would consider the
suggestions given with respect to the redevelopment of the Kalkaji
Mandir.
(iii) The ld. Administrator shall also have interactions with the
pujaris/baridaars and shall submit a report to this Court by 4th July,
2022, after considering their submissions.
(iv) Additionally, going forward, after 4th July, 2022, in order to
assuage the concerns of the pujaris/baridaars, etc., the ld.
Administrator shall meet with them at least once every fortnight, so
that in the general functioning of the Kalkaji Mandir as also the
redevelopment, the pujaris and baridaars can submit their
suggestions to the ld. Administrator, which can be duly considered.
10. It is also noted that the order dated 27th April, 2022 passed by the
Hon'ble Supreme Court in Kalkaji Mandir Vikryata Sangathan-II & Ors.
v. Piyush Joshi & Ors. [SLP No.32452-32453/2013, decided on 27th April,
2022] and all other connected matters, has been placed on record by Mr.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
Lokesh Bhardwaj, ld. Counsel.
Construction of Temporary Shops
11. Vide Report No.6, the ld. Administrator has reported that the total
number of allottees who have paid the cost of construction of Rs.30,000/-
and whose credentials have been verified for allotment of temporary shops
in the Kalkaji Mandir premises, now stands at 115, including 15 pujaris and
100 shopkeepers.
12. Pursuant to the notice issued vide previous order dated 13 th May,
2022, Mr. Sunil Fernandes, ld. Standing Counsel has entered appearance on
behalf of BSES Rajdhani Power Limited (hereinafter "BSES"). In the larger
public interest and for the commencement of the process of erection of
temporary shops, BSES shall consider providing temporary connection in
the name of the ld. Administrator of the Kalkaji Mandir, as soon as possible.
13. Accordingly, for the said purpose, the officials of BSES shall meet the
ld. Administrator on 23rd May, 2022. A list of outstanding dues of BSES, if
any, be also submitted to the ld. Administrator.
14. Mr. Fernandes submits that he would file an affidavit placing on
record the stand of the BSES in this regard. Let the said affidavit be filed
and placed on record by BSES before the next date of hearing i.e., 1st June,
2022.
Allotment of 16 Larger Temporary Shops to be erected
15. Vide order dated 25th April, 2022, this Court has directed as under:
"18. Accordingly, all the applicants who wish to
bid for the larger shops are permitted to submit their
best bids/offers for the cost of construction as also for
the monthly tehbazari amounts. The ld. Administrator
shall consider all the applications for the larger shops
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
and shall place the list before this Court as to the bids
which are submitted and his recommendations in
respect of which of the persons would be entitled for the
allotment of the larger shops and on what terms, in his
next report. Accordingly, all the applicants who intend
to seek allotment of the 16 larger shops are permitted to
submit their bids along with their credentials and
documents to the ld. Administrator on or before 6th
May, 2022.
19. For the allotment of the temporary large shops, the
offers of pujaris as also any dharamshala occupants and
all the shopkeepers who earlier had shops in the Kalkaji
Mandir premises, as on the date of the order of this
Court dated 27th September, 2021, would be permitted
to submit their offers."
16. In respect of the above direction, Report No.6 of the ld. Administrator
has been perused. As per the said Report, the bids for the 16 larger shops
have been taken only from those persons who had shops in the Kalkaji
Mandir premises, as on the date of the order dated 27th September, 2021
passed by this Court.
17. It is clarified that paragraph 19 of the order dated 25th April, 2022
extracted hereinabove, categorizes two kinds of offers - the first category
being the offer of pujaris and dharamshala occupants, and the second
category being the shopkeepers who earlier had shops in the Kalkaji Mandir
premises as on the date of the order dated 27th September, 2021 passed by
this Court. The ld. Administrator has placed on record a chart of the eligible
applicants only belonging to the second category.
18. Accordingly, all such persons falling in the first category as described
above i.e., the pujaris and dharamshala occupants, who wish to submit their
bids to the ld. Administrator, qua the 16 larger shops, shall do so, on or
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
before 25th May, 2022. The said bids shall be placed on record in a tabulated
form on or before the next date of hearing i.e., 1st June, 2022.
19. On behalf of the jhuggi dwellers, a submission has been made by Mr.
Kaoliangpou Kamei, ld. Counsel that the jhuggi dwellers ought to be
permitted to make payment of the consideration in respect of the EWS and
LIG flats, in terms of the order dated 15th March, 2022, in instalments. Vide
order dated 15th March, 2022, for the purposes of rehabilitation of the jhuggi
dwellers, after hearing DUSIB/DDA, the following directions were issued:-
"5. Considering that all the occupants may not have
adequate financial means, a proposal was directed to
be placed on record for further directions as to the
manner in which the said persons could be
rehabilitated. The proposal which has been placed
before the Court is as under:
(i) The jhuggis of the Kalkaji Mandir premises, as
per the revenue record, are located on a private
land. Therefore, strictly speaking, the people
living in said jhuggis are not entitled to
rehabilitation under the Delhi Slum & JJ
Rehabilitation and Relocation Policy, 2015.
(ii) That as directed in the previous order dated 7th
March, 2022, since the purpose for which the
land has been used is a public purpose i.e., for
the deity of the Kalkaji Mandir and in the larger
public interest, as an exceptional situation and
under directions of the Court, certain proposals
have been made set out, as below.
(a) EWS flats under the Jawaharlal Nehru
National Urban Renewal Mission
(hereinafter "JNNURM") scheme may be
provided to the 'urban poor' on a rental
basis, however, rehabilitation permanently
would not be permissible under the said
scheme as per the current policy of the
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
Central Government.
(b) DDA is willing to make available EWS
and LIG flats in Narela, the cost of which
is between Rs.10.75 lakhs to 12.05 lakhs
for EWS category and Rs.18 lakhs to Rs.22
lakhs for LIG category.
(iii) In case none of these options are acceptable to
the occupants, DUSIB may provide the
occupants temporary night shelters / rain basera
until they make their own alternative
arrangements."
20. The Ld. Administrator had, thereafter, reported that none of the jhuggi
dwellers were inclined to avail of any of the options given to them and
accordingly, the said jhuggi dwellers were evicted. Now, the stand of some
of the jhuggi dwellers is that some of them wish to purchase the flats in
question, but instalment payments ought to be permitted. Accordingly, it is
directed that if any of the jhuggi dwellers wish to make any payments in
instalments towards the consideration in respect of the said flats, they may
make a representation to the DDA and provide a copy of the same to the
Administrator. It is up to the DDA to consider the same as per its own
policy.
Unauthorized Occupants of Jhuggis and Dharamshalas
21. Insofar as the occupants of Salig Ram Kayastha Dharamshala are
concerned, it is noticed that the same has not been vacated yet. Ld. Counsels
for the pujaris/baridaars unanimously submit that the occupants therein
have not been given protection by any Court, and are also not covered by the
orders passed by the Division Bench of this Court or the Supreme Court. In
view thereof, the ld. Administrator and concerned SHO, P.S. Kalkaji, shall
take steps for the eviction of the unauthorized occupants of the said
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
dharamshala, within ten days. Any jhuggis dwellers who are also in
occupation shall also be got evicted by the SHO, P.S. Kalkaji, with
cooperation from other concerned agencies and the ld. Administrator.
22. Insofar as rehabilitation of the jhuggi dwellers and unauthorised
occupants etc., was concerned, the Court had been informed that there are
several flats lying vacant under the Jawaharlal Nehru National Urban
Renewal Mission (hereinafter, "JNNURM") Scheme. Vide order dated 15th
March, 2022, this Court had issued directions in respect of the EWS flats
under the JNNURM scheme, which are lying vacant. On the said date, this
Court was informed that approximately 52,000 flats which are available
under the JNNURM scheme have not yet been allotted due to the delay in
execution of the agreement between the Central Government and the State
Government with respect to such flats. Accordingly, this Court had directed
a joint status report to be filed by the Secretary, Ministry of Housing and
Urban Affairs, Government of India along with the Chief Secretary,
GNCTD as under:
"8. In so far as the larger issue of non-allotment of
JNNURM flats to eligible persons is concerned, this
Court is of the opinion that such a large number of
flats ought not to be kept vacant and ought to be
utilized for the purpose of economically weaker
sections of society/'urban poor' for whom these flats
are made. Mr. Anurag Ahluwalia, ld. Standing Counsel
for the Central Government, has also been present in
the proceedings today and he submits that he would
bring this fact to the notice of the Secretary, Ministry
of Housing and Urban Affairs, Government of India. In
addition, this order would also be communicated to the
Chief Secretary, GNCTD, through Mr. Gautam
Narayan, Id. ASC for GNCTD, for necessary
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
information and action.
9. The Secretary, Ministry of Housing and Urban
Affairs, Government of India, along with Chief
Secretary, GNCTD shall file a joint status report in
respect of implementation of the JNNURM scheme in
Delhi within four weeks, so that the same can be
considered by the Court and the matter in respect of
implementation of the scheme can be placed before the
appropriate bench, if the need arises. It is expected
that the governmental authorities would take expedited
action in this regard so that these flats are not kept
vacant."
23. Mr. Anurag Ahluwalia, ld. CGSC, appears today and submits that the
Ministry of Housing and Urban Affairs, Union of India has given its inputs
to the GNCTD and has asked for further inputs, in order to enable the filing
of the joint status report.
24. Mr. Adithya Nair, ld. Counsel appearing on behalf of Mr. Gautam
Narayan, ld. ASC, GNCTD, submits that he does not have instructions as to
the filing of the joint status report or inputs given by the Ministry of
Housing and Urban Affairs, Union of India.
25. It is, accordingly, directed that the concerned officials from the
Ministry of Housing and Urban Affairs, Union of India and GNCTD shall
hold a joint meeting, on or before 30th May, 2022, and place the joint status
report in terms of order dated 15th March, 2022, before the Court on 1st
June, 2022. If the said meeting is not held, both the parties shall place their
respective status reports on record, and the concerned officials of the
Ministry of Housing and Urban Affairs, Union of India and GNCTD shall
join the proceedings on 1st June, 2022, either physically or virtually.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
CS (OS) 648/2021
26. Vide order dated 9th December, 2021 in this matter, this Court had
recorded as under:
"CS (OS) 648/2021
64. The present suit has been filed by Smt. Rajwati
against the Defendant- Mr. Rajesh Kumar (Sl. No. 99)
who is represented by Mr. Bhushan, Id. Counsel. The
prayer in the suit is as under:
"(i) a decree for Rs.1,65,983/- (Rs. One lac sixty
five thousand nine hundred eighty three only)
along with further interest at 18% per year from
date of suit till payment be passed against the
defendant and in favour of the plaintiff."
65. None appears for the Plaintiff.
66. Today, Mr. Rajesh Kumar has given his
undertaking in FAO 36/2021 and connected matters,
as recorded above, to the effect that he shall, along
with his family, vacate the said premises of the shop
on or before 25th December, 2021. The said
undertaking has been given through Mr. Bhushan,
Id. Counsel.
67. Let notice be issued to Mrs. Rajwati, as well as her
Counsel, returnable on 22nd February, 2022. Notice
be issued through all permissible modes."
27. Ld. Counsel appearing for the Plaintiff - Smt. Rajwati submits that a
direction was issued against the Defendant in the present suit to vacate the
suit premises in the year 2014. However, the said Defendant continued to
be in occupation of the said shop, even as of December, 2021.
28. On the other hand, Mr. R.R. Singh, ld. Counsel for the Defendant
submits that the Defendant had vacated the said shop in the year 2014.
29. List this matter for hearing on 3rd August, 2022 at 2:30 P.M.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:23.05.2022
17:59:42
CS(OS) 588/2021
30. Let copy of the application being I.A. 6019/2022 be furnished to Mr.
Thakur, ld. Counsel, by Mr. Kamal Mehta, ld. Counsel.
31. List on 3rd August, 2022, for consideration of I.A. 6019/2022 at 2:30
P.M.
RSA 109/2018 & CS(OS) 512/2021
32. It is submitted in these matters that baari of the concerned baridaars
begins on 8th-9th July, 2022 and therefore the matters may be taken up at the
earliest.
33. Accordingly, list both these matters on 4th July, 2022 at 2:30 P.M.
CS(OS) 518/2021, CS(OS) 520/2021, CS(OS) 521/2021, CS(OS) 546/2021
& CS(OS) 552/2021
34. List all these matters on 19th September, 2022 at 2:30 P.M.
CS(OS) 641/2005 & CS(OS) 642/2005
35. List all these matters on 28th July, 2022 at 2:30 P.M.
PRATHIBA M. SINGH
JUDGE
MAY 20, 2022
Rahul/Aman/DK/AD/MS
