ITEM 4O.1 COURT NO. SECTION XIV
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
T.A.NG, 4-8/2015 in
Petition(s) for Special Leave to Appeal {C) MNo(s).19375/2013
(Arising out of impugned final judgment and order dated 28/05/2013
in WPC No, 1362/2013 passed by the High Court of Delhi at New
Delhi)
SUPREME COURT BAR ASSOC, THR. HONY.SECY. Petitioner (s)
VERSUS
CENTRAL REGISTRAR OF COOPERATIVE SOC.¢0R Respondent(s)
(for appropriate direction, impleadment, directions, transfer of
W.P.(C)No. 1565/2013 pending before High Court of Delhi and issue
of notice filed by Mr. Anil Kumar Gupta-II and office report)
Date: 09/04/2015 These applications were called on for hearing
today.
CORAM =
HON"BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Dushyant Dave, Sr. Adv.
Ms. Aishwarya Bhati, Adv.
Mr. Rajesh Pathak, Adv.
Mr. Ranbir Yadav, Adv.
Mr. Devashish Bharuka, AOR
Mr. Aftab Alam, Adv.
For Respondent (s)
Mr. Ansar Ahmad Chaudhary, Adv.
Mr. Gaurav Agrawal, adv.
Mr. Pradeep Misra, Adv.
Mr, Anil Kumar Gupta-II, Adv,
NOIDA Mr. Ravindra Kumar, av.
UPPCB Mr. Gaurav Bhatia, Adv.
Mr. Gaurav Srivastava, Adv.
MOEF Mr. Surender Kumar Gupta, Adv.
Mr. Bharat Singh, Adv.
Ms, Disha Singh, Adv.
N. Terdal, Adv.UPON hearing the counsel the Court made the following
ORDER
Yesterday, when the matter was taken up for
consideration, it was pointed out by Mr, Gaurav Agrawal,
learned counsel that the Administrator of the Society,
viz., Justice Deepak Verma, former Judge of this Court
had sent him a letter dated 8“* April, 2015 to the effect
that he may be discharged from the obligation of being
the Administrator of the Society. It was also stated in
the letter that the resolutions passed against him
contain false and baseless allegations and they may be
withdrawn or quashed, Justice Deepak Verma has also
mentioned that he had tried his best to serve the
interest of the learned members of the Society, but it
was not possible to keep everyone happy and that under
the circumstances, in spite of the efforts put by him, he
is of the opinion that it would be appropriate if his
request for being discharged as the Administrator is
accepted.
Mr. Dushyant Dav
. President of the Supreme Court Bar
Association (SCBA) had stated yesterday that till date
there is no grievance against Justice Deepak Verma,
former Judge of this Court and that there are no
allegations against him in the resolutions passed by
SCBA.Under the circumstances, we accept the request of
Justice Deepak Verma, former Judge of this Court to be
discharged from the obligation of being an Administrator
of the Society. We make it clear that there are no
allegations made against Justice Deepak Verma in respect
of the dutie on date.
performed by him
During the course of hearing yesterday, a suggestion
was put forward by some of the learned counsel who are
members of the Society to the effect that in place of
Justice Deepak Verma, Mr. Dushyant Dave, President of
SCBA may be appointed as the Administrator to look into
the affairs of the Society. We were of the opinion that
Mr. Dushyant Dave may not be able to give an answer
immediately and we adjourned the matter for today. A
suggestion was alsa given by some learned counsel that
since Mr. Dushyant Dave may require assistance, he may
nominate some persons to assist him in the task.
It is under these circumstances that the proceedings
were adjourned for today to enable Mr. Bushyant Dave to
consider the suggestions made by some of the learned
counsel _
Today, Mr. Dushyant Dave has handed over a brief note
in which he has suggested that a Committee will be
constituted to oversee the functioning of the Housing
Society to ensure alletment of the flats and their
occupation as early as possible. It is stated in theNote that the Committee will comprise of the following:
(i) Mr. Dushyant Dave as Chairperson
(ii) Mr. P.P, Khurana, Sr. Advocate and Member of
the Executive Committee of SCBA
(iii) Mr. Sukumar Pattjoshi, Sr. Advocate and Member
of the Executive Committee of SCBA and also a
paid member of the Housing Society
(iv) Mr. Rajesh Pathak, Advocate and Treasurer of
SCBA and also a paid member of the Housing
Society
(vy Mr. Devashish Bharuka, Advocate and Joint
Treasurer of SCBA and also a paid member of the
Housing Society
(vi) Ms. Aishwarya Bhati, Advocate and Secretary of
SCBA as Convener.
Mr. Dushyant Dave has suggested that he would like to
co-opt two experts to assist the Committee, viz., Mr.
Shiban Ganju, a well-known architect and Mr. Pradeep
Dinedia, a well-known Chartered Accountant.
The suggestion of Mr. Dushyant Dave has been put to
the very large number of Advocates who are present in
Court today and there seems to be near unanimity to the
acceptance of the suggestion given by Mr. Dushyant Dave.
In view of near unanimity of the very large number of
learned counsel who are present in Court teday, the
Committee proposed by Mr. Dushyant Dave will take overthe management of the Housing Society till alternative
arrangements are made in accordance with law by the
Central Registrar of the Multi State Co-operative Society
under the Multi State Co-operative Societies Act, 2002.
Mr. Dushyant Dave states that the Committee will
function as an interim Administrator till alternative
arrangements are made by the Central Registrar. The
Committee will discharge the functions of the management
of the Socie
Mr. Dave states that all efforts will be
made to try and ensure that the draw of lots for
allotment of flats is completed within a period of two
weeks.
Mr, Gaurav Bhatia, learned counsel appearing on
behalf of U.P. Pollution Control Board and Government of
Uttar Pradesh, states that he will look into the matter
and render assistance to the Society in accordance with
la Similarly, Mr. Ravindra Kumar,
irned counsel
appearing on behalf of NOIDA and Mr. Surender Kumar
Gupta, learned counsel appearing on behalf of Ministry of
Environment and Forests, Government of India will look
into the matter and render necessary assistance in
accordance with law.
It has been pointed out that the State Level
Environment Impact Assessment Authority, Uttar Pradesh
(SEIAA) may be a necessary party. Accordingly, SEIAA is
impleaded as a party-respondent. Amended memo of partiesbe filed within two weeks.
List I.A. No.4 of 2015 in SLP(C) No.19375 of 2013 in
the first week of July, 2015.
IA Nos.5,6,7 and 8 of 2015 in SLP(C) No.19375 of 2013
Stand disposed of.
(SANJAY KUMAR-I) (TAPAN KUMAR CHAKRABORTY)
COURT MASTER