Full Text
HIGH COURT OF DELHI
Date of Decision: 14th February, 2023
NARENDER HOODA & ORS. ..... Petitioners
Through: Mr. Sunil Gupta, Sr. Advocate with Mr. Shaurya Lamha, Advocate along with P-1 present in person (M-
7300767116)
Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Vikrant and Mr. Srawan, Advocates for UOI. (M:9910483635)
Mr. Shailen Bhatia, Ms. Neelam Pathak and Ms. Nandini Agarwal, Advocates. (M:9818558690)
Ms. Puja Kalra, Advocate for R- 2/NDMC. (M:9312839323)
Mr. Manish K. Bishnoi, Mr. Nirmal Prasad and Ms. Pallavi Singh, Advocates for R-5. (M:9765660259)
Mr. R. Krishnaa Morthi Advocate for R-5. (M:9810085170)
Mr. Advitiye Tiwari, Advocate for R-
JUDGMENT
6. (M:9871045758) Mr. Tuhin, Advocate for R-7. (M:9711117112). Mr Hitesh Kumar Singh, Advocate for R-8 (M: 9650111231). Mr. Annirudh Sharma, Administrator (M-9999080715) Mr. Karan Bhardwaj, ASC. Ms. Sanjana Nangia, Advocate for Mr. Sameer Vashisht, ASC, CIVIL, GNCTD. Mr Jayesh K Unnikrishnan, Advocate, Mr. Subash Chandra Bose Gurram, Sr. Scientist, CSIR-CBRI (M: 8800641010). Mr. S k Rout with Mr. Ganesh and Mr. Rahul Kumar Advocate (M: 9971754754). 5 WITH + W.P.(C) 6724/2022 and CM APPL. 20416/2022, 41848/2022 SAGAR APARTMENTS RESIDENTS ASSOCIATION & ANR...... Petitioners Through: Mr. Rahul Shukla & Mr. Akash Jandial, Advocates.
VERSUS
GOVERNOR OF DELHI & ORS...... Respondents Through: Mr. Kam Bhardwaj, ASC, GNCTD with Mr. Aayush Gautam & Mr. Kartikay Bhaskar, Advocates for R-1. Mr. Rudra Dutta, Ms. Priyal Jain and Mr. Jageer Singh Dhankar, Advocates for R – 4 (M: 9654691494). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode. CM APPL. 36306/2022 (for impleadment) in W.P.(C) 6724/2022
2. This is an application moved on behalf of Mr. Parijat Sinha, Advocate who claims to own the north portion of Space No. 5 in the stilt area of the Front Side/Block of Sagar Apartments.. His submission is that his interest would be adversely affected by the directions passed in these cases. Accordingly, he is impleaded as Respondent No. 4.
3. Let an amended memo of parties be filed within a week.
4. Application is disposed of. All contentions are left open. CM APPL. 18016/2020 (for amendment of the prayer vol. 2) in W.P.(C) 3295/2020
5. This is an application seeking amendment of the prayer in the writ petition. The submission of Mr. Hooda, ld. Counsel is that the Petitioner primarily wished to submit before the Court that instead of any specific association, one association ought to be recognised for collecting maintenance charges and for running the management and administration of Sagar Apartments.
6. List on 18th April, 2023 CM APPL. 46418/2021 (for clarification) in W.P.(C) 3295/2020
7. This is an application seeking clarification as to whether the provisions of the Central Goods and Services Tax Act, 2017 would be applicable to the amounts being received by the Administrator from the occupants of Sagar Apartments in pursuance of the Order dated 26th October 2021.
8. Ld. Administrator submits that GST would not apply and this issue has been clarified vide order dated 21st December 2021.
9. List on 18th April, 2023. CM APPL. 10252/2022 (for modification) in W.P.(C) 3295/2020
10. This is an application seeking modification of order dated 26th October, 2021. The Administrator shall look into the facts stated in this application and take steps in this regard. The Administrator’s Status Report, dealing with the issue, shall be taken on the next date.
11. List on 18th April, 2023. CM APPL. 10253/2022 (for exemption) in W.P.(C) 3295/2020
12. Allowed subject to all just exceptions. Application is disposed of. CM APPL. 18104/2022 (for action) in W.P.(C) 3295/2020
13. This is an application seeking action against the defaulting residents /space owners in Sagar Apartments who have not paid maintenance charges in accordance with Para 12 of the Order of this court dated 26th October 2021 in the form of disconnection of their electricity supply.
14. This has already been dealt with in Order dated 6th January, 2023 and being considered on a continuous basis, by the Court.
15. Accordingly, the application is disposed of. CM APPL. 18831/2022 ( for orders) in W.P.(C) 3295/2020
16. This is an application seeking revival of the appointment of Mr. R.S. Chabbra, Advocate as the ‘Receiver’ / ‘Administrator’ to manage the affairs relating to maintenance services and security of Sagar Apartments.
17. This application is infructuous and is not pressed by the ld. Counsel for Respondent No. 5- Mr. R. Krishnaa Morthi.
18. Application is disposed of. CM APPL. 35701/2022 (for seeking preponement) in W.P.(C) 3295/2020
19. This is an application seeking preponement of date of hearing in CM. No. 18104/2022. The matter is now being heard from time to time.
20. In view thereof, the application becomes infructuous and is accordingly disposed of. CM APPL. 54699/2022 (for directions) in W.P.(C) 3295/2020
21. Steps have already been taken for assessing the damage and structural stability of Sagar Apartments. Directions have also been issued to Delhi Fire Service. The Contractor’s list has also been called for.
22. In view thereof, list on 18th April, 2023 CM APPL. 54700/2022 (for impleadment) in W.P.(C) 3295/2020
23. M/s Bharti Airtel Limited has been impleaded in the matter and has also entered its appearance today.
24. Thus, the application becomes infructuous and is accordingly disposed of. CM APPL. 55860/2022 (advancement of next date of hearing) in W.P.(C) 3295/2020
25. This is an application for advancement of the next date of hearing. The same is infructuous.
26. Application is disposed of. CM APPL. 3017/2023 (for modification) in W.P.(C) 3295/2020
27. This is an application for modification/clarification of Order dated 5th January 2023, relating to proportionate payment of maintenance charges between the Front Block and the Tower Block.
28. List on18th April, 2023. CM APPL. 3018/2023 (for exemption) in W.P.(C) 3295/2020
29. Allowed subject to all just exceptions. Application is disposed of. W.P.(C) 3295/2020 W.P.(C) 6724/2022 and CM APPL. 20416/2022, 41848/2022
30. Ld. counsel for the NDMC submits that there were a total of 54 occupants who had to be given a hearing. Accordingly, the Competent Authority has given them a hearing. She seeks two weeks time to file the final report of the Competent Authority along with the final decisions taken.
31. Insofar as the inspection of the swimming pool area and other common areas is concerned, it is her submission that inspection has been done and no illegal occupation was found in the said areas. Let a report in this regard also be filed by the NDMC’s counsel. This submission is disputed by ld. Counsel appearing for Respondent No. 5.
32. It is further submitted that insofar as the disconnection of electricity is concerned, since there are certain sub-contractors involved, the said issue would also be resolved shortly.
33. On behalf of the ld. Administrator, it is submitted that different views have been expressed by the occupants of the Tower Block and the Front Block as to the maintenance charges that are to be paid. Thus, the said issue has not yet been resolved.
34. It is directed by this Court that ld. Administrator shall take into consideration the various factors in respect of the front block occupants and the tower block occupants as also other occupants and the nature of services that they are using, including the common facilities. The Administrator shall, then issue a pro tem demand to all the abovementioned occupants for paying maintenance charges. The said pro tem demand shall be issued within one week. The occupants shall make the payments to the Administrator’s account in terms of the demand issued by the ld. Administrator.
35. The said pro tem demand shall be subject to further orders of this Court.
36. It is clear that in respect of any occupants who do not make the payments in terms of the administrator’s pro tem demand, action shall be taken by the administrator, in terms of the previous order dated 5th January
2023.
37. The relevant portion of the said Order reads as-
38. Along with the Status Report, the final orders passed in the cases of all the occupants who were heard and who were issued notices shall also be placed on record.
39. The Director of CSIR-Central Building Research Institute (hereinafter ‘CSIR-CBRI’) has placed on record a preliminary report. Considering the submissions made in the report, let a sum of Rs. 2,00,000/- be released by the Administrator to the Director, CSIR-CBRI. At this stage no further assistance is required from the Director, CSIR- CBRI.
40. In view of the above submissions, the following compliances shall be undertaken by the various parties:i) The NDMC shall file its report annexing therewith the final orders passed in respect of all the occupants who have been heard. ii) The Administrator shall place on record the demand notices for the pro tem maintenance charges fixed by him, issued to all the occupants along with status of the payments made by the next date of hearing. iii) The Administrator shall also place on record the list of all the occupants in the building right from the basement till the roof including the Flats, Office spaces, the parking, stilt area etc. along with their contact details and the amount of space that has been occupied by each of the persons.
41. As per the photographs filed on record by various parties including the CSIR-CBRI, ld. counsel for the parties shall submit to the Administrator, a list of contractors whom they suggest for carrying out the renovation and repair works in Sagar Apartment, Delhi. The said list may be submitted to the Administrator within a week. The Administrator shall interact with all the contractors and accordingly place on record the quotations and budget which is given by the said contractors.
42. M/s Bharti Airtel Limited is represented by Mr. Hitesh Kumar Singh, ld. Counsel who submits that within the next four weeks, M/s Bharti Airtel Limited will confirm all the outstanding amounts to be deposited and shall deposit the same with the Registrar General in terms of para 20 of the Order dated 5th January, 2023 which reads as-
43. M/s Bharti Airtel Limited is permitted to make online payments so long as the Counsel ascertains the exact account details and the remittance is made to the Registrar General’s account. Let the report in respect of the remittance be put up by the next date of hearing.
44. Status Report of Delhi Fire Service is on record. The said report is extracted below- “Sub:Regarding Status report of fire safety arrangements in r/o Sagar Apartment,06, Tilak Marg, New Delhi. Sir, This has reference to e-mail <kbhardwaj183@gmail.com dated 06.01.2023 received from Additional Standing Council (GNCTD),on the subject cited above.In this connection,it is to inform you that the site was inspected by officers concerned of this department in presence of yourself on dated 23.01.2023, to check the compliance of shortcomings issued no.F6/DFS/MS/NDZ/2022/559 dated 10.03.2022 and observed that 04 points as pointed out in show cause notice issued on dated 08.12.2022 are still not complied.
1. Detectors are not provided in basement.
2. Sprinklers are not provided in basement at some offices.
3. Hydrant are not provided in basement.
4. Over head tank of 4000 liter is not provided.”
45. While negotiating with the contractors, the ld. Administrator shall take care of the concerns raised by Delhi Fire Service in its report.
46. A concern has been raised that the lifts in the apartment block require maintenance as there are complaints on a daily basis.
47. Mr. Bhatia, ld. Counsel submits that out of three lifts, two lifts are working and one is not working. Everyday some or the other residence residents are being inconvenienced due to the stoppage of the lifts.
48. Ld. Administrator submits that he is in talks with the lift maintenance company and he would take urgent steps to ensure that the AMC is renewed and required repairs are undertaken.
49. Mr. Vashisht, ld. Counsel has also agreed that the concerned authority would inspect the lifts and suggest the required steps to be taken. Insofar as the lifts are concerned, urgent steps shall be taken to ensure that there is no inconvenience caused to the occupants.
50. Ld. Administrator brought to the notice of this Court that certain attempts are being made to install religious idols within the complex. The concerned SHO shall ensure that a periodic inspection is made including if a call is received from the ld. Administrator and ensure that no such attempts shall be made in the Apartment complex.
51. List on 18th April, 2023 on top of board.
52. Interim orders already passed shall continue.
PRATHIBA M. SINGH JUDGE FEBRUARY 14, 2023 MR/rp