Onkar Sharma vs. North Delhi Municipal Corporation

W.P.(C)/3142/2021HC DelhiGSTCNR DLHC01012263202106 December 2021Bench: HON'BLE MR. JUSTICE SANJEEV SACHDEVA3 pages

For Respondent: HON’BLE MR. JUSTICE SANJEEV SACHDEVA Advocates who appeared in this case: For the Petitioner: Mr. Mandeep Singh Vinaik, Mr. Deepak Bashta, Ms. Simmi Bhamrah and Ms. Geetika Vyas...

AI SummaryRemanded

Held

The Court directed IIT Delhi to conduct a structural stability assessment of the specified property. The charges and expenses for this assessment are to be equally shared, with 50% borne by the petitioner and 50% jointly by respondents No. 2 to 29. Upon payment, IIT Delhi will submit its report to the Municipal Corporation. Subsequently, the Municipal Corporation is directed to re-assess the property and expeditiously pass a fresh speaking order. This order will be passed after providing an opportunity for filing additional documents and material, and after affording a personal hearing to the petitioner and respondents No. 2 to 29. All rights and contentions of the parties are reserved. No specific issue regarding GST itself was decided, other than its mention as part of the charges quoted by IIT Delhi.

Facts

The petitioner, Onkar Sharma, filed a writ petition seeking a direction for the North Delhi Municipal Corporation (Corporation) to decide on the structural stability of a building and pass a speaking order. The Corporation informed the Court that IIT Delhi had quoted Rs. 2 lakhs plus GST and other testing charges for the assessment. The petitioner and respondents No. 2 to 29 expressed willingness to share these costs. The Corporation stated that upon receiving the report, it would re-assess the situation and pass a fresh speaking order after providing a personal hearing to all parties.

Key Issues

1. Whether the Court should direct IIT Delhi to conduct a structural stability assessment of the property at 9719-9722, Ward No. XIV, Kishan Ganj, Double Phatak, Delhi 110007? Petitioner's Argument: The petitioner sought a direction for the Corporation to act on the structural stability of the building and pass a speaking order. Revenue/State's Argument: The Corporation indicated that IIT Delhi required payment of Rs. 2 lakhs plus GST and other charges for the assessment. They agreed to re-assess and pass a speaking order upon receipt of the report, after a personal hearing.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

W.P.(C) 3142/2021 1 $~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 06.12.2021 + W.P.(C) 3142/2021 ONKAR SHARMA ..... Petitioner versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through HON’BLE MR. JUSTICE SANJEEV SACHDEVA Advocates who appeared in this case: For the Petitioner: Mr. Mandeep Singh Vinaik, Mr. Deepak Bashta, Ms. Simmi Bhamrah and Ms. Geetika Vyas, Advocates. For the Respondent: Mr. Anand Prakash Standing Counsel North DMC with Ms. Varsha Arya & Mr Ajay Kumar Advocates for North DMC (Through VC) Ms. Malvika Trivedi, Senior Advocate, Ms. Bhargavi Kannan and Mr. Nipun Katyal, Advocates for R-2 to 29 (Through VC) CORAM:-

JUDGMENT

Petitioner seeks a direction to the respondent/Corporation to take a decision with regard to the structural stability of the building in question and pass a speaking order. SANJEEV SACHDEVA, J. (ORAL)

Learned counsel appearing for the Corporation submits that a SACHDEVA Signing Date:06.12.2021 23:23 MAGGU Signing Date:07.12.2021 18:27:24 This file is digitally sign

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