Seth Group and Mittal Group - Contempt of Court . Both, the Seth Group and Mittal Group entered into a Memorandum of Settlement (MOS) dated 4.5.2015, which ultimately was made a part of this Court’s order dated 5.5.2015,disposing of Writ Petition (Criminal) No. 5 of 2015 and Writ Petition (Criminal) No. 11/2015. Noncompliance of the order passed by this Court in the aforesaid writ petitions is the subjectmatter of the present contempt petition = It is specifically observed that any noncompliance of the aforesaid directions as well as the directions in the earlier order dated 24.04.2020 shall be viewed very seriously, warranting action under the Contempt of Courts Act.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CONTEMPT PETITION(C) NO. 34/2016
IN
WRIT PETITION(CRIMINAL) NO.5/2015
Ashish Seth …Petitioner
Versus
Sumit Mittal and others …Alleged Contemnors
J U D G M E N T
M.R. SHAH, J.
The dispute is between the two groups – Seth Group and
Mittal Group. Both, the Seth Group and Mittal Group entered
into a Memorandum of Settlement (MOS) dated 4.5.2015, which
ultimately was made a part of this Court’s order dated 5.5.2015,
disposing of Writ Petition (Criminal) No. 5 of 2015 and Writ
Petition (Criminal) No. 11/2015. Noncompliance of the order
passed by this Court in the aforesaid writ petitions is the subject
matter of the present contempt petition No. 34/2016 initiated by
the Seth Group. After considering the rival submissions and the
relevant clauses in the MOS dated 4.5.2015 and after considering
1
the obligations of the Seth Group and the obligations of the Mittal
Group under MOS dated 4.5.2015 and after having noted and
considered the material on record, this Court in the earlier
detailed order dated 24.4.2020 specifically held that the Mittal
Group have deliberately and wilfully not fulfilled their obligations
which are required to be fulfilled under MOS dated 4.5.2015.
This Court also opined that as such Mittal Group have rendered
themselves liable for the action under the Contempt of Courts
Act. However, before taking any further action, this Court
granted further two months’ time to the Mittal Group, namely,
Shri Sumit Mittal, Shri Madhur Mittal and TFIPL, to fulfil their
part of obligations under MOS dated 4.5.2015, more particularly,
(i) To pay the entire EDC liability of TFIPL with interest in
relation to license Nos. 34, 35 and 36 other than the
share of the EDC liability which the Seth Group has
undertaken to pay as per Clause 1.2 of the MOS;
(ii) As per Clause 1.2, EDC liability of the Seth Group is to
the extent of Rs.25,27,92,000/, out of the total EDC
liability of TFIPL in relation License Nos. 34, 35 and 36
as on 24.03.2015 together with interest accrued thereon
2
from 24.03.2015. Therefore, the Seth Group shall make
the entire payment of Rs.25,27,92,000/ along with the
interest accrued thereon from 24.03.2015 towards their
EDC liability in respect of License Nos. 34, 35 and 36 of
2007;
(iii) The Mittal Group is hereby further directed to renew the
license Nos. 34, 35 and 36 of 2007; to execute GPA by
TFIPL (as per Clause 5.3), Board Resolution by TFIPL
for availing benefit under EDC Relief Policy (as per
Clause 1.2.1), NOC without any conditions (as per
Clause 8) to the Seth Group;
(iv) Thereafter, the DTCP to bifurcate the Seth Group’s
portion of the land in accordance with law and as per
the policy and/or the rules and regulations, if any. It is
also observed that it will be open to the respective
parties to avail the benefit of the applicable EDC Relief
Policy, which may be considered by the DTCP in
accordance with the applicable EDC Relief Policy, if any.
This Court specifically directed that the entire exercise shall
be completed within a period of two months from the date of
3
lifting lockdown in the concerned area, failing which this Court
shall proceed to pass appropriate further order/orders under the
Contempt of Courts Act for nonfulfilment of the obligations by
the respondents – Shri Sumit Mittal, Shri Madhur Mittal and
TFIPL.
2. It appears that despite the above specific directions, license
numbers 34, 35 and 36 of 2007 are not renewed by the Mittal
Group and because of the nonrenewal of the aforesaid licensees,
even the balance amount of EDC liability has not been paid by
the Seth Group and even the Mittal Group has also not paid their
liability towards the EDC in respect of the aforesaid license
numbers 34, 35 and 36 of 2007 and therefore the ultimate
sufferer is the home buyers who are waiting for their homes.
3. Seth Group has filed Interlocutory Application No. 78952 of
2020 for the following reliefs:
i) allow the present application and direct that in the
event the Mittal Group still fails to comply with its obligations
under the MOS dated 04.05.2015, as reiterated in the
directions of this Court dated 24.4.2020, the bifurcation and
4
renewal of license Nos. 34, 35 and 36 of 2007 be granted in
favour of the Seth Group, subject to any further conditions;
ii) direct that consequent to the bifurcation and renewal
of licenses in question, the Seth Group shall handover the
apartments to the flat buyers within a time bound manner,
under the control and direction of Director General Town and
Country Planning, Haryana.
4. Mittal Group has also filed Interlocutory Application No.
96206 of 2020 and have prayed for the following reliefs:
i) direct Seth Group to comply clause 1.2 (to the extent
of providing Bank Guarantee) and clauses 1.3 and 1.4 and
all other formalities as contained “para17” of the order dated
05.05.2015 and to furnish the requisite documents to the
Maximal Infrastructure Pvt. Ltd. as entailed in the CheckList
formulated by DTCP for renewal of license, in a time bound
manner;
ii) direct other developers, namely, Official Liquidator of
Triveni Infrastructure Development Company Limited
(presently company is under liquidation), PAL Infrastructure
Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage
5
Pvt. Ltd. to comply with all formalities as contained in the
CheckList for renewal of license and furnish the requisite
documents to the Maximal Infrastructure Pvt. Ltd. in a time
bound manner.
5. It is the case on behalf of the Seth Group that the Mittal
Group is deliberately and wilfully and with malafide intention
creating the hurdles in getting the aforesaid three licensees
renewed. It is submitted that unnecessarily the Mittal Group is
asking the Seth Group to furnish the requisite documents to the
Maximal Infrastructure Pvt. Ltd. as entailed in the CheckList
formulated by the DTCP for renewal of licensees. It is submitted
that unnecessarily the Mittal Group is insisting the other
developers, namely, the Official Liquidator of Triveni
Infrastructure Development Company Ltd., PAL Infrastructure
Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt.
Ltd. to comply with all formalities as contained in the CheckList
for renewal of license and furnish the requisite documents to
Maximal Infrastructure Pvt. Ltd. It is submitted that even the
Mittal Group is also not paying their liability towards the EDC,
though specifically directed by this Court in its order dated
6
24.04.2020. It is submitted that the Mittal Group is required to
pay the entire renewal license fee charges and because of nonpayment of the renewal license fee charges and nonsubmission
of the relevant documents and/or asking the documents from the
Seth Group, though not required, licensees are not being
renewed. It is submitted that so far as the Seth Group is
concerned, they have already fulfilled their obligations under the
MOS dated 4.5.2015 and have already paid the huge amount and
despite the same they are not getting any benefits and therefore,
it is prayed to grant the reliefs prayed in IA No. 78952 of 2020.
6. On the other hand, Shri Ranjit Kumar, learned Senior
Advocate appearing on behalf of the Mittal Group has submitted
that for getting license numbers 34, 35 and 36 renewed the
requisite documents as entailed in the CheckList formulated by
the DTCP are required to be furnished and the Seth Group is not
furnishing the requisite documents and therefore there is a delay
in getting the aforesaid licensees renewed. It is submitted
therefore that as such the Seth Group is responsible for not
getting the licensees renewed.
7
6.1 Shri Ranjit Kumar, learned Senior Advocate appearing on
behalf of the Mittal Group has further submitted that after the
order dated 24.04.2020 passed by this Court, with respect to the
EDC liability, the DTCP has come out with a new OTS Scheme,
i.e., “Samadhan Se Vikas”. It is submitted that the Mittal Group
is ready and willing to avail the new One Time Settlement
Scheme – “Samadhan Se Vikas”. It is submitted that the amount
due and payable under the new scheme has been computed by
the DTCP in the last communication dated 17.09.2020.
7. Having heard the learned counsel for the respective parties
and considering the earlier order passed by this Court dated
24.04.2020, it cannot be disputed that as directed by this Court
the Mittal Group is to renew license numbers 34, 35, and 36 of
2007 and for which the application is to be submitted by the
Mittal Group – TFIPL. For the licensees to be renewed, the
license renewal fee is required to be paid and only thereafter on
payment of EDC by the respective groups – Seth Group and
Mittal Group, as determined in the order dated 24.04.2020 and
on payment of other charges due and payable under the law, the
aforesaid license numbers 34, 35 and 36 of 2007 can be
8
bifurcated. So, first of all, the renewal license fee is required to
be paid. It is the case on behalf of the Seth Group that they are
not required to pay any renewal license fee and it is the liability
of the Mittal Group to pay the renewal license fee, which is
disputed by the Mittal Group.
7.1 Now so far as the liability to pay the renewal license fee is
concerned, the relevant clauses of MOS dated 4.5.2015 are
required to be considered and they are clause nos. 1.3, para 2,
para 5.4, 17 and 18, which are as under:
“1.3 Pay License Fee to “Directorate of Town and Country
Planning” (DTCP) Haryana as under:
1.3.1 The Seth Group shall pay Rs.1,46,58,000/ (Rs. One
Crore Forty Six Lacs and Fifty Eight thousand only) to TFIPL in
the form of Demand Draft drawn in favour of “Directorate of
Town and Country Planning” Haryana towards License Renewal
Fee in respect of License Nos. 34, 35, & 36 of 2007 to the TFIPL
on or before 21.06.2015 for forwarding the same to DTCP,
Haryana on 21.06.2015 together with the balance license fee
made available by Mittal Group in terms of the clause 5.4 below.
2. The amount to be paid by Seth Group towards License Fee
under Clause 1.3 and the Bank Guarantee to be furnished by
Seth Group towards IDW, under Clause 1.4 above, includes not
only the liability of Seth Group in that behalf, but also that of
M/s Pal Infrastructure & Developer Pvt. Ltd. (for short “Pal”),
M/s ORS Infrastructure Pvt. Ltd. (for short “ORS”) and M/s
Heritage Cottages Pvt. Ltd. (for short “Heritage”) to the extent of
Rs.53,11,000/ (approx.) towards license fee liability and
Rs.1,69,83,000/ (approx.) towards IDW Bank Guarantee
amount. Mittal Group have also similarly borne part of the
liability of Pal, ORS and Heritage. As and when, Pal, ORS and
Heritage, contribute their share of the License Fee and furnish
their Bank Guarantee for the IDW amount, the Seth Group and
Mittal Group will be entitled to the refund of the excess License
Fee paid by them and also for restriction of the IDW Bank
9
Guarantee to the amounts actually due by them, by
substituting/replacing the Bank Guarantees of Seth Group and
Mittal Group by the Bank Guarantees of Pal, ORS and Heritage.
In the event of Pal, ORS and Heritage fail or neglect to pay the
amounts due by them as aforesaid within 120 days from the
date of deposit by the Seth Group, the Seth Group is authorized
in its own name, to initiate appropriate legal proceedings against
the defaulter/s, to the extent of the amount advanced by Seth
Group along with interest, and/or in respect of Bank Guarantees
so furnished, as stated herein before.
5.4 The Mittal Group shall pay/cause to be paid the balance
license fee as well as the balance IDW Bank Guarantee (i.e. total
amount payable on account of TFIPL less the Seth Group share
as stated in Clause 1.3 and 1.4) to DTCP as per the demand of
DTCP, Haryana on or before 23.06.2015 for renewal of License
Nos. 34, 35 and 36 of 2007 in the name of TFIPL.
17. Mittal Group shall apply for renewal of license by 23.06.2015
subject to compliance of clause 1.2 (to the extent of providing
Bank Guarantee), 1.3 & 1.4 by the Seth Group. The Seth Group
have provided documents/undertakings with respect to the
lands falling to share of the Seth Group under Agreement dated
15.06.2007, i.e. (i) Status of construction/allotment of EWS
Flats, and (ii) Service Plan status its drawing, estimates and its
approval from HUDA, Chandigarh annexed as Annexure – 16, to
enable Mittal Group to apply for renewal of license. Seth Group
does not have any further document in this regard, however, it is
clarified that in case any indemnity, undertaking, letter and/or
similar document is required to be executed after filing of the
application for renewal of license, pertaining to the lands falling
in the share of Seth Group under Agreement dated 15.06.2007,
Seth Group shall do the needful at the earliest if so requested by
Mittal Group.
18. On application made for renewal of license in terms of
clause 17, Mittal Group will secure renewal of license within 90
days. All administrative and miscellaneous charges,
compounding fee, penalties and other charges levied and
payable by PAL, ORS and Heritage for renewal of license shall be
paid by the Mittal Group. All such charges in respect of FIPL
agreement shall be exclusively paid/borne by Seth Group by
similarly paying to TFIPL immediately on being demanded.”
10
7.2 It is required to be noted that as noted in order dated
24.04.2020, the Seth Group earlier deposited a sum of Rs.1.47
crores towards the license renewal fees to DTCP, Haryana. It is
also required to be noted that the aforesaid three license
numbers 34, 35 and 36 of 2007 are with respect to the entire
48.03 acres of Sector 89 land, out of which the development
rights of only 14.80 acres have been given to the Seth Group.
Even, bifurcation of licensees shall be with respect to 14.80 acres
in favour of the Seth Group and the remaining 33.23 acres in
favour of the Mittal Group and others as under:
TFIPL
48.038 acres
Sector 89 Faridabad
| |
14.80 Acres
(Ferrous
Infrastructure
Pvt. Ltd.
14.80 Acres
(Triveni
Infrastructure
Development
Company Ltd.)
10.48 Acres
(Pal
Infrastructure
& Developer
Pvt. Ltd.)
5.50 Acres
(ORS
Infrastructure
Pvt. Ltd.
2.8
Acres
(Heritage
Cottages
Pvt. Ltd.)
Therefore, the liability of the Seth Group towards the license
renewal fees would be to the extent of 14.80 acres of Sector 89
land only. However, it is required to be noted that as per clause
1.3 of MOS dated 4.5.2015, the Seth Group agreed to pay
Rs.1,46,58,000/ to TFIPL towards license renewal fees in respect
11
of license nos. 34, 35 and 36 of 2007 which included not only the
liability of the Seth Group, but also that of PAL Infrastructure
Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt.
Ltd. to the extent of Rs.53,11,000/ towards license renewal fees
liability. 7.3 As mentioned in clauses1.3 and 2 of MOS dated
4.5.2015, the Mittal Group is also required to borne part of the
liability of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt.
Ltd. and Heritage Cottage Pvt. Ltd. As mentioned in clause 2, as
and when, PAL, ORS and Heritage contribute their share of the
license fee and furnish their Bank Guarantee for the IDW
amount, the Seth Group and Mittal Group will be entitled to the
refund of the excess license fee paid by them and also for
restriction of the IDW Bank Guarantee to the amounts actually
due by them, by substituting/replacing the Bank Guarantees of
Seth Group and Mittal Group by the Bank Guarantees of PAL,
ORS and Heritage. As provided in clause 2, in the event of PAL,
ORS and Heritage fail or neglect to pay the amounts due by them
within 120 days from the date of deposit by the Seth Group, the
Seth Group is authorized in its own name, to initiate appropriate
legal proceedings against the defaulter/s, to the extent of the
12
amount advanced by the Seth Group along with interest, and/or
in respect of Bank Guarantees so furnished.
Even as per clause 1.3.1, the Seth Group was required to
pay the aforesaid amount of Rs.1,46,58,000/ to TFIPL in the
form of demand draft drawn in favour of “Directorate of Town and
Country Planning, Haryana”, together with the balance licensee
fee made available by the Mittal Group in terms of clause 5.4.
Clause 5.4 is reproduced hereinabove and as per the said clause,
the Mittal Group shall pay/cause to be paid the balance license
fee as well as the balance IDW Bank Guarantee (i.e. total amount
payable on account of TFIPL less the Seth Group share as stated
in clauses 1.3 and 1.4) to DTCP, Haryana for renewal of license
nos. 34, 35, and 36 of 2007 in the name of TFIPL.
7.4 Even as per Clause G – Renewal of License, the Seth Group
is required to provide documents/undertakings with respect to
the lands falling to share of the Seth Group under agreement
dated 15.06.2007, i.e. (i) status of construction/allotment of EWS
flats, and (ii) service plan status, its drawing, estimates and its
approval from HUDA, Chandigarh annexed as Annexure16 to
MOS dated 4.5.2015 to enable Mittal Group to apply for renewal
13
of license. Even as per clause 18, on application made for
renewal of license in terms of clause 17, Mittal Group will secure
renewal of license within 90 days and all administrative and
miscellaneous charges, compounding fee, penalties and other
charges levied and payable by PAL, ORS and Heritage for renewal
of license shall be paid by the Mittal Group and all such charges
in respect of FIPL agreement shall be exclusively paid/borne by
Seth Group by similarly paying to TFIPL immediately on being
demanded.
7.5 Therefore, on conjoint reading of the relevant clauses of
MOS dated 4.5.2015, the liability of the Seth Group towards the
license renewal fees would be with respect to the lands falling to
the share of the Seth Group, i.e., 14.80 acres, and additionally,
the Seth Group is also required to pay ½ of the liability of PAL,
ORS and Heritage towards the license renewal fees and the Mittal
Group is liable to pay the balance license renewal fees, i.e., total
amount payable on account of TFIPL less the Seth Group share,
including ½ of the total liability of PAL, ORS and Heritage
towards the license renewal fees. The payment of the license
renewal fees payable by PAL, ORS and Heritage paid by the Seth
14
Group and the Mittal Group, as stated hereinabove, would be as
advance and as and when PAL, ORS and Heritage contribute
their share of the license fee, the Seth Group and the Mittal
Group will be entitled to the refund of the excess license fee paid
by them. As provided in clause 2, in the event of PAL, ORS and
Heritage fail or neglect to pay the amounts due by them, as
aforesaid, within 120 days from the date of deposit by the Seth
Group, the Seth Group is authorized in its own name to initiate
appropriate legal proceedings against the defaulter/s, to the
extent of the amount advanced by the Seth Group along with
interest.
8. Now so far as the requisite documents to be supplied by the
Seth Group and the prayer on behalf of the Mittal Group in I.A.
No. 96206 of 2020 directing the Seth Group to comply with the
other formalities as contained in para 17 of the order dated
5.5.2015 and to furnish the requisite documents to the Maximal
Infrastructure Pvt. Ltd. as entailed in the CheckList formulated
by DTCP, Haryana for renewal of license, in a time bound
manner, is concerned, as such, the Seth Group is required to
provide documents/undertakings with respect to the lands falling
15
to share of the Seth Group under agreement dated 15.06.2007,
i.e. (i) status of construction/allotment of EWS flats, and (ii)
service plan status, its drawing, estimates and its approval from
HUDA, Chandigarh annexed as Annexure16 to MOS dated
4.5.2015 to enable Mittal Group to apply for renewal of license.
It is specifically mentioned in clause G (titled Renewal of License),
para 17, that Seth Group does not have any further documents
in this regard. It is further clarified that in case any indemnity,
undertaking, letter and/or similar document is required to be
executed after filing of the application for renewal of license,
pertaining to the lands falling in the share of the Seth Group
under agreement dated 15.06.2007, Seth Group shall do the
needful at the earliest.
To avoid any further controversy, it will be appropriate that
the appropriate authority shall communicate to the Seth Group
and the Mittal Group within a period of two weeks from today, to
provide the documents/undertakings with respect to the lands
falling to their respective shares and the Seth Group and Mittal
Group shall provide the documents and/or undertakings
required by the appropriate authority, within a period of two
16
weeks from the receipt of such demand. However, it is clarified
that it is for the TFIPL – Mittal Group to get license nos. 34, 35
and 36 of 2007 renewed and it will be responsibility and liability
of the Mittal Group to renew the aforesaid licensees.
9. Now so far as the liability towards EDC is concerned,
directions contained in clauses 10 (i) and (ii) of our order dated
24.04.2020 are very specific and clear. However, it is reported
that the earlier EDC Relief Policy has expired by the efflux of time
and the same has been replaced by the subsequent policy dated
6.7.2020/10.08.2020, which reads as under:
“From
Principal Secretary to Govt. Haryana,
Town and Country Planning Department
Haryana, Chandigarh.
To
The Director,
Town and Country Planning Department
Haryana, Chandigarh.
Memo no. MiscSSV (EDC)206/3536 Dated : 10.08.2020
SUBJECT: INTRODUCTION OF ONETIME SETTLEMENT
SCHEME “Samadhan Se Vikas” TO ENABLE RECOVERY
OF LONG PENDING EDC DUES.
17
In accordance with the powers conferred under Section 9A of
the Haryana Development and Regulation of Urban Areas Act,
1975, the Governor of Haryana is pleased to notify following
Onetime Settlement Scheme “Samadhan se Vikas” to enable
recovery of long pending EDC dues with the following terms
and conditions:
1. The scheme shall be applicable in respect of full amount
outstanding on account of the EDC as well as interest and
penal interest.
(a) In case, a colonizer deposits 100% of the outstanding
Principal Amount against EDC as well as 25% of the
accumulated interest and penal interest, within a period of six
months from the date of notification of this scheme, the
balance 75% of the accumulated interest and penal interest
shall be waived off.
(b)In case, a colonizer deposits at least 50% of the outstanding
Principal Amount against EDC as well as 50% of the
accumulated interest and penal interest, within a period of six
months from the date of notification of this scheme, the
balance 50% of the accumulated interest and penal interest
shall be waived off;
Further, the remaining 50% of outstanding Principal Amount
shall be recoverable in four sixmonthly installments along
with interest at the rate of 8% per annum on the delayed
period and an additional 2% interest per annum on the
default period; and;
the first six months period for deposit of first installment shall
start from the date of deposit of 50% Principal plus 50%
Interest and Penal Interest component.
Provided further that in case the colonizer does not clear the
entire EDC dues within the above said two year period, the
waiver of balance 50% of the accumulated interest and penal
interest shall stand annulled and the original EDC amount
and schedule shall be automatically restored less payment
made under (b) above.
Explanation:
18
Thus, no major penalty is imposed on the colonizer in case of
default of installments within the prescribed two year period
for deposit of installments. However, in case any amount of
the balance 50% outstanding Principal Amount along with
interest is not deposited within the prescribed two year period,
the colonizer shall lose all benefits under this policy and the
original EDC schedule applicable before availing the present
policy shall stand restored and all payments received till such
date and thereafter shall be considered to have been paid
against the original EDC schedule.
2. This is issued as per approval received vide U.O.
No.9/116/20202 Cabinet dated 06.07.2020.
Sd/
(A.K. Singh, IAS)
Principal Secretary to Govt. Haryana,
Town & Country Planning Department
Endst.No. MiscSSV (EDC)206/3537 Dated: 10.08.2020
A copy is forwarded to the Secretary, Council of Minister,
Haryana with reference to their U.O. No. 9/116/20202
Cabinet dated 06.07.2020 for information please.
Sd/
(A.K. Singh, IAS)
Principal Secretary to Govt. Haryana,
Town & Country Planning Department”
Learned counsel appearing on behalf of both the parties –
Seth Group and Mittal Group have stated at the bar that they
want to avail the benefit of the aforesaid one time settlement
scheme, “Samadhan Se Vikas”, as per option 1(a) under which
their liability would be to deposit 100% of the outstanding
principal amount against EDC as well as 25% of the accumulated
19
interest and penal interest, within a period of six months from the
date of notification of this scheme and the balance 75% of the
accumulated interest and penal interest shall be waived off. The
liability of the Seth Group as well as Mittal Group (TFIPL) under
the new scheme under option 1(a), as per communication dated
17.09.2020 from the office of the Directorate of Town and
Country Planning, Haryana, is as under:
“To avail One Time Settlement Scheme, if both groups submits
mutual consent and opt under option 1(a), then the payable
amount is an under:
(Rs.In Lacs)
Sr.
No.
Group Principal Interest Penal
Interest
Total
1. TFIPL 1773.25 29.27 766.09 2568.61
2. Seth
Group
1326.83 21.90 338.24 1686.97
Total 3100.08 51.17 1104.33 4255.58
For the aforesaid, both the groups – Seth Group and Mittal Group
are required to submit mutual consent opting the benefit of one
time settlement scheme – “Samadhan Se Vikas” under option
1(a).
10. In view of the above and for the reasons stated above, in
continuation of our earlier order dated 24.04.2020, it is further
clarified and directed as under:
20
(i) that Mittal Group shall apply for renewal of license numbers
34, 35 and 36 of 2007, within a period of two weeks from today, if
not applied for renewal so far;
(ii) that the liability of the Seth Group to pay/cause to be paid
the renewal license fees would be proportionate to the lands
falling to the share of the Seth Group, i.e., 14.80 acres under the
agreement dated 15.06.2007. Over and above their liability
towards the renewal license fees with respect to the lands falling
to their share, the Seth Group shall also pay ½ of the liability of
PAL, ORS and Heritage towards license renewal fees, which shall
be treated as advance and the payment towards the additional
liability of PAL, ORS and Heritage would be for and on behalf of
the aforesaid three, PAL, ORS and Heritage;
(iii) that the Mittal Group shall pay/cause to be paid the balance
license fee (renewal license fee) (i.e. total amount payable on
account of TFIPL less the Seth Group share as stated hereinabove
including ½ of the liability of PAL, ORS and Heritage with respect
to the liability towards the renewal license fees for renewal of
license numbers 34, 35 and 36 of 2007;
21
(iv) that Seth Group and Mittal Group to pay their respective
license renewal fees liability as above within two weeks from
today without fail;
(v) that as and when PAL, ORS and Heritage contribute their
share of the license fee, Seth Group and Mittal Group will be
entitled to the refund of the excess license fee paid by them as
provided in para 2 of the MOS dated 4.5.2015. In the event of
PAL, ORS and Heritage fail or neglect to pay the amounts due by
them as aforesaid within 120 days from the date of deposit by the
Seth Group, the Seth Group is authorized in its own name, to
initiate appropriate legal proceedings against the defaulter/s, to
the extent of the amount advanced by the Seth Group along with
interest;
(vi) that the Seth Group is liable to provide
documents/undertakings with respect to the lands falling to their
share under Agreement dated 15.06.2007, i.e. (i) Status of
construction/allotment of EWS Flats, and (ii) Service Plan status
its drawing, estimates and its approval from HUDA, Chandigarh
annexed as Annexure – 16 to the MOS dated 4.5.2015, to enable
Mittal Group to apply for renewal of license. However, it is
22
clarified that in case any indemnity, undertaking, letter and/or
similar document is required to be executed after filing of the
application for renewal of license, pertaining to the lands falling
in the share of Seth Group under Agreement dated 15.06.2007,
Seth Group shall do the needful at the earliest;
(vii) that the appropriate authority, i.e., DTCP, Haryana, shall
communicate the Seth Group as well as the Mittal Group to
provide/furnish the documents/undertakings with respect to the
lands falling to their respective shares. However, it is clarified
that the liability of the Seth Group to provide
documents/undertakings with respect to the lands falling to their
share only and the liability to furnish/provide the remaining
documents/undertaking with respect to the remaining lands shall
be of Mittal Group. The appropriate authority shall call for the
required documents/undertakings, within a period of two weeks
from today, so that further process for renewal of license
numbers 34, 35 and 36 of 2007 may take place immediately and
Seth Group and Mittal Group to furnish such
documents/undertakings, within a period of two weeks from such
demand, i.e., within four weeks from today;
23
(viii) that the entire exercise of renewal of license numbers 34, 35
and 36 of 2007 shall be completed within a period of eight weeks
from today without fail. The Mittal Group is hereby specifically
warned not to create any further hindrances in getting license
numbers 34, 35 and 36 of 2007 renewed;
(ix) the Seth Group and Mittal Group shall file specific
undertaking within a period of two weeks from today, agreeing to
pay the amount towards EDC liability under the new one time
settlement scheme – “Samadhan Se Vikas” as computed by the
District Town Planner (HQ), Directorate of Town and Country
Planning, Haryana in its communication dated 17.09.2020 (as
mentioned hereinabove) , and neither the Seth Group nor the
Mittal Group shall dispute the said computation and they shall
file specific undertaking that they shall make the payment
towards their EDC liability within the time specified in the one
time settlement scheme – “Samadhan Se Vikas”.
11. The aforesaid directions are issued over and above the
directions issued by this Court in its earlier order dated
24.04.2020. It is specifically observed that any noncompliance
of the aforesaid directions as well as the directions in the earlier
24
order dated 24.04.2020 shall be viewed very seriously, warranting
action under the Contempt of Courts Act.
Interlocutory Application Nos. 96161/2020, 96206/2020,
68143/2020, 78952/2020 and 78953/2020 stand disposed off.
12. Put up after three months for reporting compliance.
………………………………J.
[ASHOK BHUSHAN]
NEW DELHI; ………………………………J.
OCTOBER 09, 2020. [M.R. SHAH]
25
