Municipal Corporation Of Delhi v. Action Committee Unaided
2025-01-06
B.V.NAGARATHNA, SATISH CHANDRA SHARMA
body2025
DigiLaw.ai
ORDER : 1. Delay condoned. 2. This miscellaneous application has been filed by the respondent(s) in C.A. No.4545/2024 (@ SLP (C) No.17978/2014) by contending that they did not appear before this Court in the said matter which was disposed of by this Court on 21.03.2024. 3. Further, the appellant/Municipal Corporation Of Delhi (MCD) also did not bring to the notice of this Court that the respondent(s) in the said special leave petition had not appeared in the matter and further the said special leave petition was filed as against the order of learned Single Judge dated 29.11.2012 directly before this Court. 4. Learned senior counsel appearing for the applicant submitted that there was a fault on the part of the respondent(s) in not responding to the notice(s) issued by this Court and not participating in the said proceeding. However, there was a duty cast on the appellant(s) to have brought to the notice of this Court that the batch of cases comprised of not only a challenge of the order dated 23.08.2012 passed by the Division Bench of the High Curt but also to the order dated 29.11.2012 passed by the learned Single Judge against which SLP (C) No.17978/2014 was directly filed before this Court. Consequently, in the absence of the respondent(s) being heard of in the matter, Civil Appeal No.149/2013 and connected cases were disposed of. Hence, learned senior counsel submitted that appropriate orders may be made on the said application. 5. Per contra, learned counsel appearing for the MCD strongly and vehemently opposed the said application by contending that the applicant(s) herein may have earlier appeared in the matter but he/they did not participate in the proceedings when the matter was being finally heard and when the order was dictated in the open Court. Also, they did not bring to the notice of this Court that the challenge in SLP (C) No.17978/2014 was to the order of the learned Single Judge. In the circumstances, she contended that there is no merit in this application and the same may be dismissed. 6. Having heard learned counsel for the respective parties, we find that the interest of justice would be served by deleting and de-tagging SLP (C) No.17978/2014 from the cases which were disposed of by this Court on 21.03.2024.
In the circumstances, she contended that there is no merit in this application and the same may be dismissed. 6. Having heard learned counsel for the respective parties, we find that the interest of justice would be served by deleting and de-tagging SLP (C) No.17978/2014 from the cases which were disposed of by this Court on 21.03.2024. Consequently, SLP (C) No.17978/2014 is being disposed of with liberty to the MCD to file Letters Patent Appeal (LPA) against the order of learned Single Judge impugned in that special leave petition before the Division Bench of the High Court. If the LPA is filed within a period of 90 days from today, the issue of limitation shall not be raised by the Division Bench of the High Court. 7. It is needless to observe that the Division Bench shall hear the LPA to be filed by the MCD on its own merits and in accordance with law. 8. All contentions on both sides are left open to be advanced before the Division Bench of the High Court. 9. The Miscellaneous Application stands disposed of in the aforesaid terms. 10. Consequently, the application for impleadment/intervention filed by Apeejay School stands disposed of as it does not call for any orders from this Court.