M/S Ram Niwas Goel Vs Municipal Corporation of Delhi

¶1

$~53

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Decision: 13^th August, 2025

¶4

W.P.(C) 12198/2025, CM APPL. 49690/2025 & CM APPL. 49691/2025 M/S RAM NIWAS GOEL .....Petitioner Through: Mr. Avinash Trivedi and Mr. Rahul Aggarwal, Advs. Mob: 9871441764 Email: [email protected]

¶5

versus

¶6

MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Kapil Dutta and Mr. Vansh Luthra, Advs. Mob: 9811135509 Email: [email protected]

¶7

CORAM:

¶8

HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL):

¶9

The present writ petition has been filed by the petitioner alleging nonconsideration of the application dated 27^th May, 2025, submitted by the petitioner for revalidation of the registration of the petitioner firm as a ClassI Civil Contractor.

¶10

Learned counsel appearing for the petitioner submits that earlier, the petitioner had filed an application dated 13^th January, 2025, for revalidation of the registration, which was rejected vide order dated 17^th March, 2025. 3. The aforesaid order dated 17^th March, 2025, was challenged by the

¶11

Signature Not Verified

¶12

W.P.(C) 12198/2025 Page 1 of 5

¶13

Digitally Signed By:HARIOM SHARMA Signing Da te:1 4.08.2025 20:44:46

¶14

petitioner by way of a writ petition being W.P.(C) 5549/2025, titled as “M/s Ram Niwas Goel Versus Municipal Corporation of Delhi” , which was decided vide judgment dated 29^th April, 2025, in the following manner:

¶15

“xxx xxx xxx

¶16

13. Accordingly, considering the discussion as above, the following directions are issued:

¶17

i. The impugned order dated 15th October, 2024, and letter dated 17^th March, 2025, are set aside.

¶18

ii. In case the MCD intends to remove the petitioner from the approved list of contractors, a formal Show Cause Notice in this regard, shall be issued by the MCD.

¶19

iii. The aforesaid Show Cause Notice shall be issued by the MCD within a period of one week from today.

¶20

iv. Upon receipt of the said Show Cause Notice, the petitioner shall file a reply thereto, within a period of two weeks, thereafter.

¶21

v. Upon filing of the reply by the petitioner, the petitioner shall be granted an opportunity of personal hearing by the concerned official of the respondent/MCD.

¶22

vi Speaking order shall be passed by the MCD within a period of two weeks, after conclusion of the hearing, which is to be given to the petitioner.

¶23

vii In case the petitioner is aggrieved by any speaking order that may be passed by the MCD, the petitioner shall be at liberty to seek his remedies, in accordance with law.

¶24

xxx xxx xxx”

¶25

Learned counsel appearing for the petitioner submits that though the Court had directed that the Show Cause Notice shall be issued to the petitioner within a period of one week from 29^th April, 2025, the Show Cause Notice was issued by the respondent-Municipal Corporation of Delhi (“MCD”), only on 13^th June, 2025. He submits that the petitioner, thereafter, filed a reply dated 24^th June, 2025, to the said Show Cause Notice dated 13^th June, 2025. He further submits that no hearing pursuant to the aforesaid

¶26

Signature Not Verified

¶27

W.P.(C) 12198/2025 Page 2 of 5

¶28

Digitally Signed By:HARIOM SHARMA Signing Da te:1 4.08.2025 20:44:46

¶29

Show Cause Notice dated 13^th June, 2025, took place.

¶30

It is submitted that only after the present petition was served upon the respondent, that a notice dated 05^th August, 2025 of personal hearing for 12^th August, 2025, was received by the petitioner. 6. However, it is submitted that no hearing took place on 12^th August, 2025, as the petitioner was informed not to come for the hearing, and that he shall be intimated later about the next date of hearing. 7. Learned counsel appearing for the petitioner further submits that Show Cause Notice dated 13^th June, 2025 issued by the respondent-MCD, is not proper, as the competent authority to issue a Show Cause Notice is the Additional Commissioner (Engineering), while the aforesaid Notice has been issued by the Executive Engineer (Project).

¶31

Thus, he submits that the application of the petitioner dated 27^th May, 2025, for revalidation of the registration of the petitioner’s firm and the proceedings with regard to the Show Cause Notice dated 13^th June, 2025, are still pending and have not been decided. 9. In response, learned counsel appearing for the respondent-MCD submits that the Show Cause Notice dated 13^th June, 2025 has been validly issued, as the same was issued at the zonal level by the Executive Engineer (Projects), with due assent from the competent authority. He further submits that pursuant to the Show Cause Notice dated 13^th June, 2025, the hearing notice dated 05^th August, 2025 was issued, wherein, the petitioner was directed to appear before the Additional Commissioner (Engineering), who is the competent authority.

¶32

Learned counsel appearing for the respondent-MCD further submits that the hearing fixed for 12^th August, 2025, could not take place as the

¶33

Signature Not Verified

¶34

W.P.(C) 12198/2025 Page 3 of 5

¶35

Digitally Signed By:HARIOM SHARMA Signing Da te:1 4.08.2025 20:44:46

¶36

MCD Civic Center was closed on account of security reasons, in view of Independence Day.

¶37

He further submits that the representation of the petitioner, as well as the proceedings under the Show Cause Notice dated 13^th June, 2025, shall be concluded shortly, and the next date of hearing shall be intimated to the petitioner today itself.

¶38

Having heard learned counsels for the parties, this Court proceeds to dispose of the present matter, with the consent of the parties, in the following manner:

¶39

i. MCD shall intimate the next date of hearing for appearance before the Additional Commissioner (Engineering), for the purposes of proceedings under the Show Cause Notice dated 13^th June, 2025. ii. Upon the petitioner appearing before the Additional Commissioner (Engineering), due hearing shall be granted to the petitioner, with respect to the proceedings under the Show Cause Notice dated 13^th June, 2025.

¶40

iii. The proceedings pursuant to the Show Cause Notice dated 13^th June, 2025, shall be concluded expeditiously, and a speaking order shall be passed on or before 29^th August, 2025.

¶41

iv. The representation dated 27^th May, 2025 of the petitioner for revalidation of the registration of the petitioner’s firm, shall also be considered by the competent authority.

¶42

v. At the time of considering the representation dated 27^th May, 2025 of the petitioner for revalidation of the registration of the petitioner’s firm, hearing shall be granted to the petitioner, in accordance with the Principles of Natural Justice.

¶43

Signature Not Verified

¶44

W.P.(C) 12198/2025 Page 4 of 5

¶45

Digitally Signed By:HARIOM SHARMA Signing Da te:1 4.08.2025 20:44:46

¶46

vi. The representation dated 27^th May, 2025, of the petitioner shall be considered, and a final order shall be passed thereon, on or before 29^th August, 2025.

¶47

vii. In case, the petitioner is aggrieved by any order passed by the respondent-MCD, the petitioner shall have the liberty to seek its remedies, in accordance with law.

¶48

It is clarified that this Court has not expressed any opinion on the merits of the case, as regards the various contentions raised before this Court.

¶49

It is further clarified that this Court has not expressed any opinion as regards the representation or the reply submitted by the petitioner and the various contentions raised by the petitioner therein, which shall be decided by the competent authority, after hearing the petitioner.

¶50

With the aforesaid directions, the present petition, along with the pending applications, is accordingly disposed of.

¶51

MINI PUSHKARNA, J

¶52

AUGUST 13, 2025/ SK

¶53

Signature Not Verified

¶54

W.P.(C) 12198/2025 Page 5 of 5

¶55

Digitally Signed By:HARIOM SHARMA Signing Da te:1 4.08.2025 20:44:46

M/S Ram Niwas Goel v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

M/S Ram Niwas Goel v. Municipal Corporation of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mr Deepak Duggal Vs Delhi Development Authority

Kings Dorian Exports Vs Irfan

M/S Elementto Lifestyles Vs Mr. Deepak Singh Bora

Santosh Kumar Vs Municipal Corporation of Delhi

Bls International Services Limited Vs Union of India & Anr.

M/S Gvr Infra Projects Limited & Anr. Vs Union of India & Anr.

Tpf Engineering Pvt. Ltd. & Anr. Vs National Highways Authority of India & Anr.

Tpf Engineering Pvt. Ltd. & Anr. Vs National Highways Authority of India & Anr.

Uei Global Education Private Limited Vs Tata Power Delhi Distribution Limited & Ors.

Surajmal Memorial Education Society through Its Duly Authorized Person Sh Ajit Singh Vs Municipal Corporation of Delhi through Its Commissioner

Uei Global Education Private Limited Vs Abhishek Gupta & Ors.

Om Pal Singh Vs Dy. Commissioner (Mcd North East District)

Jatin Bagga Vs the Commissioner MCD of Delhi & Ors.

Nisha Vs MCD through Its Deputy Commissioner & Ors.