Personal tools
You are here: Home → Master Plan Implementation Support Group (MPISG) → [mpisg] processes → WP 6500/2005 → Stay Application (DMRC tender inviting bids for licensing 15 Ha on the riverbed for 15 years)

Stay Application (DMRC tender inviting bids for licensing 15 Ha on the riverbed for 15 years)

by Gita Dewan Verma — last modified 2005-07-27 18:24

In continuation of letter of 18/07/05 requesting withdrawal of tender

IN THE HIGH COURT OF DELHI AT NEW DELHI

(Extraordinary Civil Writ Jurisdiction)

C M No. 9018 of 2005

IN

Writ Petition (Civil) No. 6500 of 2005

In the matter of:

Gita Dewan Verma ...Petitioner/ Applicant

Versus

Delhi Metro Rail Corporation & Ors. ... Respondents

APPLICATION UNDER SECTION 151 OF CPC FOR INTERIM DIRECTIONS

MOST RESPECTFULLY SHOWETH:

  1. That the Applicant herein is the Petitioner in WP (C) No. 6500/2005. Therein the Applicant has prayed for issuance of writs in the nature of Mandamus in respect of disposal of responses to Public Notices issued under section 11A of Delhi Development Act for Master Plan modifications for metro property development and apropos metro property development underway at Shastri Park on the Yamuna Riverbed. The Applicant has also moved an application for interim directions viz. CMP No. 4557/2005 in WP (C) No. 6500/2005. Therein, the Applicant has, inter alia, specifically pleaded that:
    • "2. ...It is submitted that the ongoing construction activity is in contravention of the provisions of the Act and as such unauthorised and liable to be stopped forthwith. Furthermore, while the objections submitted by the Applicant are still pending consideration with Respondent No.4, the Respondents continue to allocate and expend huge amounts of the exchequers’ money towards the said unauthorised construction activities apart from attempting to make commercial gains therefrom.
    • 3. That under the circumstances, unless the ongoing unauthorised construction activities are stopped and kept in abeyance forthwith during the pendency of the present proceedings, the same shall result in huge expenditure to an irreversible extent apart from the creation of third party rights, inter-alia, in respect of the structures being erected on the riverbed, etc. Further, unless the unauthorised construction activities relating to the Information Technology Park at Shastri Park are stopped, the same shall result in perpetuation of an illegality."
    • The contents of WP (C) No. 6500/2005 and CMP No. 4557/2005 are not being repeated herein for the sake of brevity and to avoid repetition and may be treated as part and parcel of the present application. The Applicant seeks leave of this Hon’ble Court to refer to and rely upon the contents of the same at the time of hearing of the present application.
  2. That vide order dated 13/04/2005 this Hon’ble Court had been pleased to issue notice in WP (C) No. 6500/2005 and CMP No. 4557/2005 while granting two weeks time to the Respondents to file counter affidavits and one week thereafter, to the Applicant to file a rejoinder thereto. It is pertinent to mention here that on the said date of hearing all the Respondents had entered appearance. Further, in view of the urgency in the matter, this Hon’ble Court had been pleased to grant a short date of hearing and list the matter on 23/05/2005.
  3. That the Respondents failed to comply with the directions issued by this Hon’ble Court vide order dated 13/04/2005 and on 23/05/2005 the counsel for the Respondents sought further time to file counter affidavits and this Hon’ble Court was pleased to direct as follows:
    • “W.P(C) 6500/2005 Counsel for the respondents seek some more time to file counter affidavit. Let it be filed within four weeks. Rejoinder, if any, within one week thereafter. List on 29.8.2005.
    • CM No.4557/2005 Learned counsel for DMRC submits that the requisite permission from the concerned authorities have been obtained. Copies of the same shall be filed along with the counter affidavit. List on 29.8.2005."
    • The Respondents have failed to comply with the order dated 23/05/2005 as well and no counter affidavit has been filed on behalf of the respondents till date.
  4. That Respondent No.1 has now invited tenders, to be opened on 01/08/2005 at 16:00 hrs, for 15 hectare “Entertainment / Recreational Facility” at Shastri Park on 15-years license basis. Copy of tender notice published in Times of India on 15/07/2005 is annexed herewith and marked as Annexure – A. Tyoed true copy of “Latest Tenders” page from the website of Respondent No.1, indicating also its invitation immediately after this Hon’ble Court’s afore-said order of 23/05/2005 of Bid applications for licensing spaces on fifth floor of the Information Technology Park, is annexed herewith and marked as Annexure – B. It is submitted that “Entertainment / Recreation Facility” is not a use contemplated in Public Notices for the site and, thereby, unauthorised and contrary to order of 03/03/2003 in WP (C) No. 2112/2002 for the Yamuna riverbed passed by a Division Bench of this Hon’ble Court, a typed true copy of which order is annexed herewith and marked as Annexure – C.
  5. That in spite of the pendency of WP (C) No. 6500/2005 and CMP No. 4557/2005 and despite their failure to file counter-affidavits within the time stipulated by this Hon’ble Court, the Respondents are blatantly indulging in creating third party rights with a view to frustrate the present proceedings and reducing the ongoing proceedings to an academic exercise in futility.
  6. That under the circumstances, it would be in the interest of justice if Respondent No.1 is restrained by this Hon’ble Court from proceeding with the tender process as stated in para – 4 hereof during the pendency of WP (C) No. 6500/2005. There is every likelihood that if the respondent authorities are not restrained from proceeding further with the tender process as prayed for, they will present this Hon’ble Court with a fait accompli which would not only be not in public interest but also contrary to interests of justice in the instant case.
  7. That the Applicant has a strong prima facie case on merits and is very likely to succeed in WP (C) No. 6500/2005. The balance of convenience is entirely in favour of the Applicant. Irreparable loss and injury would be caused if the present application is not allowed by this Hon’ble Court.
  8. That the present application is bona fide and in the interest of justice.

P R A Y E R

In view of the aforegoing submissions and facts and circumstances of the case, it is respectfully prayed that this Hon’ble Court may graciously be pleased to:

(a). Restrain Respondent No.1 from proceeding with the tender process relating to “Entertainment and Recreational Facility” at Shastri Park as stated in para – 4 hereof during the pendency of WP (C) No. 6500/2005; and

(b). Pass such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice and facts and circumstances of the case.

Applicant

Through

KG Gopalakrishnan/S. Muralidhar

Advocates for the Petitioner

283, Supreme Enclave, Mayur Vihar, Phase – I, Delhi – 110091.

Place: Delhi

Dated: 25 July, 2005