Avtar Singh Chauhan And Others v. Anoop Sharma And Others

V. Kameswar Rao, J.:— These two appeals arise from judgment/decree dated March 23, 2019. On the first date of hearing, this Court had directed that the status quo be maintained. The said order has not been vacated till date. Various orders have been passed in these appeals by this Court, including order dated April 01, 2019 appointing a Nodal Officer.

2. As of today, Mr. Amar Nath, District and Sessions Judge (Retd.) is acting as the Nodal Officer in terms of order passed by this Court on September 13, 2019. Various applications have also been filed by the stakeholders who are residing in Commonwealth Games Village. The parties are represented by the counsels whose presence is noted above.

3. I find that there is no appearance on behalf of the respondent Nos. 2 to 5 and 9 to 12 in RFA 269/2019. The respondent Nos. 2 to 5, 10, 17, 18 and 21 in RFA 486/2019 are also not appearing. I have been informed by Mr. Aaditya Vijay Kumar that the said respondents have not been appearing in these proceedings despite service.

4. I have heard the learned counsels for the parties for some time. Learned counsels for the parties in both the appeals are ad idem that elections must be held to the Commonwealth Games Village Apartment Owners Association/respondent No. 8. They also state that before elections are held, the audit of the accounts w.e.f. April 11, 2012, need to be carried out.

5. Mr. Amar Nath, Nodal Officer, has submitted that after he was appointed as Nodal Officer, he has carried out an internal audit. He also states that further audit be carried out by this Court. Learned counsel for the parties state that appropriate shall be that the audit is carried out by the Comptroller and Auditor General of India (CAG). Mr. Gaurang Kanth, learned Standing Counsel who appears for the CAG in this Court was called by this Court and is apprised about the subject matter of the appeals.

6. Noting the unanimity in the submissions made by the learned counsels for the parties for carrying out the audit by the CAG, this Court direct that the audit of the Commonwealth Games Village Apartment Owners Association w.e.f. April 01, 2012, the date on which when Common Area Maintenance (CAM) charges started to be levied, be carried out by the CAG. For this purpose, Mr. Amar Nath states that Mr. Shyam Sunder Prasad, Administrative Manager of the Commonwealth Games Village Apartment Owners Association, who is present in the Court, has in his possession all books of accounts and other relevant record w.e.f. April 01, 2012 shall hand over the same to the designated Officer whose name shall be informed by Mr. Gaurang Kanth to Mr. Amar Nath within one week from today. On being handed over all the relevant record, the CAG shall carry out the audit and place on record of this Court the audit report. It is expected that the CAG shall complete the audit within a period of 12 weeks from today.

7. During the course of hearing, learned counsel for the Apartment owners would submit that the towers in the Village require maintenance as there is water logging/seepage and cracks have developed in the structures. He states, appropriate shall be if DDA which owns certain flats in the complex carry out structural audit and submit a report before this Court.

8. Mr. Birbal, learned counsel appearing for the DDA is agreeable to the said submission made by the learned counsels for the parties. If that be so, the report thereof shall be filed in this court.

9. Learned counsels for the parties shall complete the pleadings in all applications before the next date of hearing.

10. List on July 07, 2021.