Guljari Lal Sharma & ANR v. Delhi Metro Rail Corporation Ltd. & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2693/2016 GULJARI LAL SHARMA & ANR ..... Petitioners Through: Mr. I.D. Tyagi, Advocate.

versus DELHI METRO RAIL CORPORATION LTD. & ORS ..... Respondents Through: Mr. J.K. Srivastava, Advocate for DMRC with Mr. Punit, Law Officer.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 28.03.2016 CM Appl. 11401/2016 (Exemption) in W.P.(C) 2693/2016 Allowed, subject to just exceptions.

W.P.(C) 2693/2016 & CM Appl. 11400/2016 Present writ petition has been filed seeking a direction to the respondents to comply with the Minutes of Meeting dated 14th August, 2013 and the letter dated 08th November, 2014 whereby the respondent No.1DMRC had undertaken to reimburse the amount paid by the Mandir residents towards their monthly rental for a period of twelve months from the date of start of work. Petitioners further seek construction of rooms on the first floor for residence of the petitioners as agreed to by the respondents.

Learned counsel for petitioner states that they have been reimbursed the rent for one month only.

On the other hand, learned counsel for respondent No.1-DMRC, who appears on advance notice, states that petitioners never shifted and vacated the premises. Consequently, according to him, there was no obligation either to construct or pay rent.

Learned counsel for petitioners disputes the said averment. In view of the aforesaid, this Court is of the view that serious disputed questions of fact arise for consideration in the present writ petition. Consequently, present writ petition and application are dismissed with liberty to the petitioners to file alternate proceedings in accordance with law. This Court clarifies that it has not expressed any opinion on the merits of the controversy. Rights and contentions of all parties are left open. MANMOHAN, J MARCH 28, 2016 js