Delhi High Court: In a petition filed regarding the construction of chambers for the Sales Tax Bar Association’s members, Subramonium Prasad, J., opined that nothing concrete had been done for the last twelve years and orders of the present Court could not be permitted to be flouted with impunity. The Court directed the Chief Secretary to give a road map regarding when the construction would be completed and the Orders of the Court would be implemented, before the next date of hearing. Further, the Court requested Special Commissioner, DTT and Special Secretary, PWD, to appear before the Court on the next date of hearing.
The petitioner had filed the writ petition regarding construction of chambers for the Sales Tax Bar Association’s members, and accordingly, the Court on 12-01-2011, provided a road map for the construction of a building to house lawyers chambers and offices of the State. However, twelve years had passed since then, and nothing had happened. Thus, the petitioner filed the present petition.
The Court opined that it had expressed its anguish on more than once occasion regarding the complete inaction on the Government’s part to implement the Court’s Order.
The Court stated that, on 29-05-2023, the Court directed the Commissioner, VAT, Department of Trade and Taxes, Chief Engineer PWD, Land and Building Department, Director, Industrial Safety and Health, Director, Delhi Fire Service, Senior official nominated by the Vice Chairman, DDA, Commissioner, MCD, Airport Authority of India and other relevant authorities to hold a meeting and ensure implementation of Order dated 12-01-2011. The Court opined that in its Order dated 29-05-2020, the Court had made it clear that no further delay on the department’s part would be condoned and if there were any corrections or changes to be made in the building plan, the same should be informed to the PWD, who should carry out the said corrections and the Chief Engineer, PWD should be responsible to get the plan approved by 15-07-2023.
Further, the Court stated that on 26-09-2023, the present Court had requested the Chief Secretary to provide a road map for implementation of the passed Orders and expected that the Order dated 12-01-2011, would be implemented in right earnest and at the earliest.
Thereafter, the Court referred to the Status Report dated 02-01-2024, and opined that it indicated that the Order dated 29-05-2023, had not been complied with. Further, it stated that the GNCTD was contemplating a construction of twin tower on the land the same would require a complete change of plan and it also indicated that the State was not acting in accordance with the directions passed by this Court in 2011, rather it was acting contrary to the Court’s directions.
The Court opined that nothing concrete had been done for the last twelve years and orders of the present Court could not be permitted to be flouted with impunity. The Court directed Chief Secretary to give a road map regarding when the construction would be completed and the Orders of the Court would be implemented, before the next date of hearing. Further, the Court requested Special Commissioner, DTT and Special Secretary, PWD, to appear before the Court on the next date of hearing.
The matter would next be listed on 12-01-2024.
[Sales Tax Bar Association v. Union of India, 2024 SCC OnLine Del 58, Order dated 04-01-2024]
Advocates who appeared in this case :
For the Petitioner: A. S. Chandhiok, Senior Advocate with H. C. Bhatia, Sanjay Sharma, Rakesh Kumar, Nitika Khanna, Subhash Chandra Gupta, Vineet, Rakesh Aggarwal, Kumarjee Bhatt, Nupur, Saloni Mahajan and Avadh Bihari Kaushik, Advocates;
For the Respondents: Nidhi Raman, CGSC with Debcharan De and Sachin Dubey, Advocates; Satyakam, ASC for GNCTD with Tapasya Raghav, Special Commissioner, DTT and Pankaj Kumar, Special Secretary, PwD, Manu Chaturvedi, SC for MCD with Devika Singh Roy, Choudhury, Advocates; Manika Tripathy, SC with Ashutosh Kaushik, Advocate; Digvijay Rai and Archit Mishra, Advocates with Sachin Yadav, AGM (Law).
