Delhi High Court
Confederation Of Ncr Residents Welfare ... vs Government Of Nct Of Delhi & Ors on 1 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10333/2015, CM APPL. 25760/2015, CM APPL.
20419/2016, CM APPL. 26316/2016 & CM APPL. 38340/2019
CONFEDERATION OF NCR RESIDENTS WELFARE
ASSOCIATIONS (REGD.) & ORS ..... Petitioners
Through: Mr. Amit Khemka, Advocate with
Ms. Tavi Agarwal, Advocate
versus
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through: Mr. Santosh Kumar Tripathi, SC for
GNCTD with
Mr. Anurag Ahluwalia, CGSC for
Respondent No.2.
Mr. Raunak Dhilon, Advocate with
Ms. Madavi Khanna and Mr. Nihaad
Dewan, Advocates for respondent
No.6.
Mr. Rachil Mittal, Advocate
% Date of Decision: 1st February, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ: (ORAL)
1. Present Public Interest Litigation ('PIL') was filed on 31 st October,
2015, seeking quashing of the Memorandum of Understanding ('MoU')
dated 07th April, 1992, Concession Agreement dated 12th November, 1997,
Support Agreement dated 14th January, 1998, and all other consequential
permission granted to Respondent No. 6 for construction and operation of
the Delhi Noida Bridge Project known as DND flyover.
2. It is a matter of record that in a separate PIL bearing no. 60214/2012
filed before the High Court of Judicature at Allahabad, on comprehensively
similar issues, the said High Court by its judgment dated 26 th October, 2016,
has issued directions, inter-alia, restraining Respondent No. 6 from
recovering any user fees or toll from the commuters using the DND flyover.
The said judgment of the High Court of Judicature at Allahabad has been
impugned and is pending consideration before the Supreme Court in SLP
(Civil) No. 33403/2016.
3. Further, Respondent No. 6 has averred in CM APPL. No. 38340/2019
that an investigation by the Serious Fraud Investigation Office ('SFIO') has
already been ordered into the affairs of Respondent Nos. 5 and 6 in the year
2018. It is also stated in the said application that the National Company Law
Tribunal, Mumbai ('NCLT'), has already admitted a petition under Sections
241 and 242 of the Companies Act, 2013, against Respondent No. 5 at the
instance of Union of India and reconstituted the Board of Directors of
Respondent No. 5. Further, there are proceedings pending before the
National Company Law Appellate Tribunal ('NCLAT') pertaining to
Respondent No. 6.
4. At this stage, learned counsel for the Petitioners states that there was a
nexus between various officers of NCT of Delhi, Government of India and
that of the State of Uttar Pradesh with some of the private foreign entities for
their mutual benefit at the cost of public exchequer under the garb of public
private partnership. He states that criminal offences have been committed
and the matter requires investigation.
5. This Court is of the view that if the Petitioners is of the opinion that
criminal offences have been committed, it is open to it to file proceedings in
accordance with law. It is however clarified that this Court has not examined
the merits of the said allegations made by the Petitioners and proceedings, if
initiated, shall be decided in accordance with law.
6. In view of the aforesaid, this Court is of the opinion that no further
directions in furtherance of the reliefs sought in this PIL are merited
especially, in view of the fact that the Supreme Court and various legal
forums including special Tribunals are already considering the issues raised
in the present petition. Accordingly, the present petition and pending
applications stand disposed of.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 1, 2024/hp/aa
