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$-30, 43 to 47, 49 & 50 HIGH COURT OF DELHI W,P.(C) 13948/2018 & CM Nos. 54629/2018 & 54630/2018
DELHI JAN SUDHAR SAMITI & ORS.
Through Petitioners
DELHI JAN SUDHAR SAMITI & ORS.
Through Petitioners
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS
Through Respondents
Through Respondents
WITH
43.
W.PTO 14004/2018 & CM No. 54759/2018
MAHATMA JYOTI PHULE SANSTHAN
Through:
Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh
Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and
Ms Srishti Khurana, Advocates.
MAHATMA JYOTI PHULE SANSTHAN
Through:
Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh
Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and
Ms Srishti Khurana, Advocates.
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr -Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
Mr -Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
WITH
2018:DHC:8643
■2.
44.
W.P.(0 14013/2018 & CM No. 54776/2018 AURANGABAD DISTRICT SULABH
SHAUCHALAYA SANSTHAN
Through:
Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh
Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and
Ms Srishti Khurana, Advocates.
■2.
44.
W.P.(0 14013/2018 & CM No. 54776/2018 AURANGABAD DISTRICT SULABH
SHAUCHALAYA SANSTHAN
Through:
Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Manish Kumar Choudhary, Mr Ashutosh
Kumar, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and
Ms Srishti Khurana, Advocates.
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
WITH
45.
W,P.(C) 14015/2018 & CM No. 54780/2018 TIRTHANKARMAHAVIR SAMAJIK SEVA
SANSTHAN
4 ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
W,P.(C) 14015/2018 & CM No. 54780/2018 TIRTHANKARMAHAVIR SAMAJIK SEVA
SANSTHAN
4 ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD Respondent
2018:DHC:8643 3.
Through: Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
2018:DHC:8643 3.
Through: Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
WITH
46.
W.PTO 14016/2018 & CM No, 54781/2018
ROHTAS DISTRICT SULABH SHAUCHALAYA SANSTHAN ....Petitioner
Mr Chetan Sharma, Sr. Advocate with Mr Bhaskar Mishra, Mr Ashutosh
Kumar, Mr Manish Kumar Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
ROHTAS DISTRICT SULABH SHAUCHALAYA SANSTHAN ....Petitioner
Mr Chetan Sharma, Sr. Advocate with Mr Bhaskar Mishra, Mr Ashutosh
Kumar, Mr Manish Kumar Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
WITH
47.
W,PTCJ 14017/2018 & CM No. 54782/2018 CHAPRA DISTRICT SULABH SHAUCHALAYA
SANSTHAN ....Petitioner
Through: Mr Chetan Sharma, Sr. Advocate with Mr Bhaskar Mishra, Mr Ashutosh
2018:DHC:8643 H Kumar, Mr Manish Kumar Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
W,PTCJ 14017/2018 & CM No. 54782/2018 CHAPRA DISTRICT SULABH SHAUCHALAYA
SANSTHAN ....Petitioner
Through: Mr Chetan Sharma, Sr. Advocate with Mr Bhaskar Mishra, Mr Ashutosh
2018:DHC:8643 H Kumar, Mr Manish Kumar Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law- Officer, DUSIB.
Through:
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law- Officer, DUSIB.
Through:
WITH
49.
W,P.(0 14020/2018 & CM No. 54787/2018 -f MAHATMA FULE SCAVENGER MUKTI
SANSTHAN ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary.
Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
W,P.(0 14020/2018 & CM No. 54787/2018 -f MAHATMA FULE SCAVENGER MUKTI
SANSTHAN ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary.
Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
VERSUS
DELHI URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
2018:DHC:8643 AND 50.
W.R(0 14022/2018 & CM No. 54790/2018 SITAMARHI DISTRICT SULABH SHAUCHALAYA
SANSTHAN ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
2018:DHC:8643 AND 50.
W.R(0 14022/2018 & CM No. 54790/2018 SITAMARHI DISTRICT SULABH SHAUCHALAYA
SANSTHAN ....Petitioner Mr Chetan Sharma, Sr. Advocate with
Mr Bhaskar Mishra, Mr Ashutosh Kumar, Mr Manish Kumar
Choudhary, Ms Namita Choudhary, Ms Kritika Khurana, Ms Nikita Jain and Ms Srishti Khurana, Advocates.
Through:
VERSUS
DELHL URBAN SHELTER IMPROVEMENT BOARD ....Respondent
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
Mr Parvinder Chauhan, Ms Mini Pushkama, Ms Swagata Bhuyan, Ms
Shiva Pandey and Ms Neha Goel, Advocates for DUSIB with Mr
Akshay Kumar Srivastava, Law Officer, DUSIB.
Through:
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
4 % 21.12.2018 The petitioners have filed the present petitions, inter alia, impugning s resolution passed by Delhi Urban Shelter Improvement Board (DUSIB) on
05.12.2018, inasmuch as, DUSIB has decided to terminate the respective agreements entered into with the petitioners for maintenance of Jan Suvidha
Complexes. The petitioners claim that the work of maintenance and
. operation of the said complexes was awarded to the petitioners for a period of thirty years, and the decision of the DUSIB to terminate the same
1.
2018:DHC:8643 amounts to a breach ofthe Agreements.
Mr Chauhan, learned counsel appearing for the DUSIB states that the
Agreements between the parties include an arbitration clause, which would cover the disputes raised in the present petitions. He has also referred to
Clause 19 ofone of the Agreements, which is placed on record.
There appears to be some controversy whether the said arbitration clause would extend beyond the contract for construction of the complexes; nonetheless, Mr Chauhan insists that Clause 19 is very wide and would cover all disputes, including the one that raised in the present petitions. The learned counsel appearing for the petitioner also concurs with the contention that the arbitration clause would cover the disputes and prays that the parties be referred to arbitration.
Mr Chauhan states, on instruction, that the DUSIB is also agreeable for the disputes to be resolved by an independent arbitrator.
With the consent of parties, Mr. Prem Kumar, Retd. Additional
District Judge (contact number: +91-9873176030), is appointed as the Sole
Arbitrator to adjudicate the disputes arising from the respective contracts/licences awarded to the petitioners for management/operation and maintenance of Jan Suvidha Complexes. This is subject to the Arbitrator making the necessary disclosure under Section 12(1) of the Arbitration and
Conciliation Act and not being ineligible under Section 12(5) of the Said
Act. It is clarified that although the disputes may be considered together, the dispute raised by each petitioner shall be considered separately and separate awards shall be made in respect of each petitioner. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre
(DIAC) and in accordance with its Rules.
2.
3.
4.
5.
2018:DHC:8643
4 % 21.12.2018 The petitioners have filed the present petitions, inter alia, impugning s resolution passed by Delhi Urban Shelter Improvement Board (DUSIB) on
05.12.2018, inasmuch as, DUSIB has decided to terminate the respective agreements entered into with the petitioners for maintenance of Jan Suvidha
Complexes. The petitioners claim that the work of maintenance and
. operation of the said complexes was awarded to the petitioners for a period of thirty years, and the decision of the DUSIB to terminate the same
1.
2018:DHC:8643 amounts to a breach ofthe Agreements.
Mr Chauhan, learned counsel appearing for the DUSIB states that the
Agreements between the parties include an arbitration clause, which would cover the disputes raised in the present petitions. He has also referred to
Clause 19 ofone of the Agreements, which is placed on record.
There appears to be some controversy whether the said arbitration clause would extend beyond the contract for construction of the complexes; nonetheless, Mr Chauhan insists that Clause 19 is very wide and would cover all disputes, including the one that raised in the present petitions. The learned counsel appearing for the petitioner also concurs with the contention that the arbitration clause would cover the disputes and prays that the parties be referred to arbitration.
Mr Chauhan states, on instruction, that the DUSIB is also agreeable for the disputes to be resolved by an independent arbitrator.
With the consent of parties, Mr. Prem Kumar, Retd. Additional
District Judge (contact number: +91-9873176030), is appointed as the Sole
Arbitrator to adjudicate the disputes arising from the respective contracts/licences awarded to the petitioners for management/operation and maintenance of Jan Suvidha Complexes. This is subject to the Arbitrator making the necessary disclosure under Section 12(1) of the Arbitration and
Conciliation Act and not being ineligible under Section 12(5) of the Said
Act. It is clarified that although the disputes may be considered together, the dispute raised by each petitioner shall be considered separately and separate awards shall be made in respect of each petitioner. The arbitration shall be conducted under the aegis of the Delhi International Arbitration Centre
(DIAC) and in accordance with its Rules.
2.
3.
4.
5.
2018:DHC:8643
ORDER
6. The parties are at liberty to approach the Co-ordinator, DIAC, for further proceedings. The petitions are disposed of The pending application is also
7. disposed of.
8. Order dasti under signatures ofthe Court Master.
VIBHU BAKHRU, J < DECEMBER 21, 2018 MK;