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Before - Ashok Bhushan and M.R Shah JJ
For the petitioner, the Advocate was Rakesh Kumar
For the Alleged Contemnors - Akhilesh Kumar Pandey, Ayush Sharma, Sanjay Kumar visen Ankit Goel, Abhishekh Agarwal and Karanjawal &Co., Advocates.
Judgement
M.R Shah, J - The dispute is between the two groups the Seth group and the Mittal group. The Seth group and the Mittal group entered into a memorandum of Settlements(MOS) dated 4th May 2015 disposing of writ petition No 5 of 2015 and writ petition No 11/2015. Seth group initiated a non-compliance of order passed by this court in the above-said writ petition is the subject matter of the present contempt petition 34/2016. After considering the rival submission and the relevant clauses in the memorandum of Settlements and after considering the obligation of the Seth group and the obligation of the Mittal group under MOS. after having noted and considered the material on record. The court earlier specified that the Mittal group have deliberately and willingly not fulfilled their obligations which are required to be fulfilled under MOS. This court has also opined that as such Mittal group has rendered themselves liable for action under the contempt of court, however, before taking any action the court granted more two months to the Mittal group namely Shri Sumit Mittal, Shri Madhur Mittal and TFIPL to fulfil their parts of an obligation under MOS.
The court specifically directed that the whole exercise shall be completed within two months from the date of lifting the lockdown in the concerned area failing which the court shall proceed to pass appropriate further orders/order under the contempt of courts Act for non- fulfilment of obligations by the respondents.
Seth group has filled interlocutory Application No 78952 of 2020 for the following reliefs
Direct that consequences to the division and renewal of the license in question the Seth group shall give the apartments to the flat buyers within the time-bound manner under the control and direction of director-general Town and Country planning Haryana
It is the case on behalf of the Seth group that the Mittal group is deliberately and willingly and with malafide intention creating the difficulties in the above said licensed renewed. It is submitted that unnecessarily the Mittal group is asking the Seth group to furnish the required document to the maximal infrastructure Pvt.Ltd as entailed in the checklist formulated by DTPC for renewal of licenses. It is said that unnecessarily Mittal group is insisting the other developers namely the Official Liquidators of Triveni infrastructure Development Company Ltd PAL infrastructure Pvt Ltd. ORS. Infrastructure Pvt Ltd and Heritage Cottage Pvt.Ltd to comply with all formalities as contained in the checklist for the renewing of the license fee charged and non-submission of the relevant document or asking the documents from the Seth group though not necessary, the license is not being renewed.
On the other hand, Shri Ranjit Kumar learned Senior Advocate appearing on the behalf of the Mittal Group has submitted that for getting license number 34,35 and 36 renewed the required document as entailed in the checklist formulated by DTPC are required to be furnished and the set group is not furnishing the required document and therefore there is a delay in getting the above-said license renewed.
Now so far as the liability to pay the renewed license fee is concerned the important cause of MOS dated 4th May 2015 is necessary to be considered.
Now it is further clarified and decided that
The Mittal group shall apply for the renewal of license within two days if not applied for renewal so far
The liability of the death group to pay to be paid the renewal license fees would be proportionate to the lands failing to share of the Seth group i.e 14.80 acres under the agreement dated 15th June 2007
The appropriate authority i.e DTPC, Haryana shall talk to the Seth group as well as the Mittal group to provide with the documents concerning the land failing to their respected shares
The entire exercise of the renewal of the license number 34,35 and 36 of 2007 shall be completed within eight weeks The Mittal group is hereby specifically warned not to create any further obstacles in getting license number 34,35, 36 of 2007 renewed
The Seth group and the Mittal group shall file a specific undertaking within two weeks agreeing to pay the amount from EDC liability under the new one-time settlement scheme "Samadhaan Se Vikas" as computed by district town planner Directorate of Town and Country planning. Haryana in its communication dated 17th September 2020 and neither the Seth group, not Mittal group shall dispute the said computation and they shall file a specific undertaking that they shall make the payments towards their EDC liability within the specific time in one-time settlement scheme " Samadhaan Se Vikas".
The above-said directions are issued over and above the directions issued by the Court in it's earlier order dated 24th April 2020. It is observed specifically that any non- compliance of the said direction as well as the directions in the earlier order dated 24th April, 2020 shall be viewed very seriously, warranting, action under the Contempt of Courts Act.
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