SH VIPIN BIHARI SHARAN DWIVADI & ORS.  Vs UNION OF INDIA & ANR.

LPA 1/2021 Page 1 of 3
$~1.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on : 4th January, 2021
+ LPA 1/2021
SH VIPIN BIHARI SHARAN DWIVADI & ORS. ….. Appellant s
Through: Mr.Tanmaya Mehta, Adv. with
Mr.Vineet Anand , Mr.Ankur Saini, Adv s.

Versus
UNION OF INDIA & ANR. ….. Respondent s
Through: Mr.Jitesh Vikram Srivastava, Adv.
with Mr.Prajesh Vikram Srivastava, Adv. for UOI.
Mr.Rajiv Bansal, Sr.Adv. with Mr.Dhanesh Relan,
Standing Counsel for DDA.

CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUS TICE PRATEEK JALAN
JUDGMENT
: D.N.PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No. 40/2021 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
LPA No.1/2021 & C.M s.No.38/2021(stay) , 39/2021 (addl docs.)
1. The appellants in this appeal (except appellant no. 2) are original
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LPA 1/2021 Page 2 of 3
petitioners in W.P.(C) No.4756/2020 . They have preferred this letters patent
appeal being aggrieved and dissatisfied by the order dated 3rd November,
2020 passed by the learned Single Judge (Annexure A -1 to th e memo of this
appeal).
2. We have heard the learned counsel for the parties and perused the
order dated 10th August, 2020 passed in LPA31/2020 ( Annexure A -9 to the
memo of the appeal ) as well as the order dated 3 1st December, 2020 passed
by the learned Singl e Judge of this Court in W.P.(C) No.11254/2020 .
3. Looking to the facts and circumstances of the case and also
considering the statement made before us by the learned counsel for the
appellant s to the effect that the appellants are ready and willing to make the
payment of the entire cost of the flats with in a period of two weeks
along with interest claimed by the DDA on account of delay in payment, we
direct that , if the original petitioners (being the appellants herein, except
appellant no. 2) make the payment of the entire cost of the flats within a
period of two weeks from today along with interest (to be calculated till the
date of payment), no coercive steps as stated in the demand -cum-allotment
letters issued by the respondent, shall be taken by the respondents.
4. However, the aforesaid payment shall be subject to the outcome of
W.P.(C)4756/2020 and without prejudice to the rights and contentions of the
parties in the said writ petition. We also make it clear that such payment
will not constitute any admission of facts by the parties to the litigation and
rights an d contentions of the parties shall remain intact.
5. This order shall not apply to Appellant No.2 in this appeal as he is yet
to be joined as a party to W.P.(C) No.4756/2020 before the learned Single
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Judge.
6. With these observations, this appeal is disposed of along with the
other pending applications .

CHIEF JUSTICE

PRATEEK JALAN, J
JANUARY 04 , 202 1/‘anb’

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