Mr. Jayant Mehta (Sr. Adv), Ms. Amrita Singh, Mr. Ankit Gupta, Advs v. DEPARTMENT OF TRANSPORT GOVT OF NATIONAL CAPITALTERRITORY OF DELHI AND ANR

CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R 03.02.2025 The present petition has been filed by the petitioner on the %

1. apprehension that the respondent no.1 shall obstruct the petitioner’s use and occupation of Indraprastha Depot and compel the petitioner to start operating from another depot viz, the Sunheri Pullah Depot regardless of the inadequate infrastructural facilities therein. 2. It is informed by respective counsel that pursuant to the previous order dated 30.01.2025 a meeting was held between the representatives of the petitioner and the respondents on 31.01.2025. In this regard, respective counsel for the parties have handed over a copy of a letter addressed by the concerned Joint Commissioner (Bus Transport Department, GNCTD) whereby the issues discussed and the decisions taken during the said meeting have been set out. The said letter clearly records that “both the parties amicably resolved the issues” as under:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:14:20 S.No 1. Issues Sufficient parking space

7. Open drain having personnel and property. security the premises Broken rooms at workshop area which can be used for storage of equipment/spare covered workshop area that is used for maintenance of buses etc. Insufficient facility of CNG filling stations only 2 nozzles and one compressor available out of which only one nozzle car be used at a time due to pressure which insufficient to cater to 210 buses. Pits repair/maintenances purposes etc. Structures for toilet facilities etc are available. A structure nearby the pit is also available which can be storage Remarks M/s Young optimistic agreed that the parking space for 170 buses is sufficient as per their requirements. (Parking floor require repair in Phase-2) A boundary wall/similr arrangement is to be constructed along with temporary covering of nalla by Transport Department to cordon the open drain area in co-ordination with the Civic Agency/PWD/DTIDC before shifting of buses (Drain to be permanently covered in Phase-2 Work, as maintenance of Ac buses near open drains will cause maintenance issues of AC units and other electronic parts of buses due to part damage) Workshop Rooms are to be repaired and workshop is to be repaired and a boundary wall/similar arrangement is to be constructed at one side of workshop to cordon the open drain area by Transport Department in co- ordination with the Civic Agency/PWD/DTIDC before shifting of buses. Hurdle free and safe passage for entry to Workshop to be created before shifting of Open drain behind the workshop is to be covered and workshop rooms to be constructed in Phase-2 work Transport Department will resolve this issue in co-ordination with IGL. 2(two) working nozzles with adequate pressure to be made shifting of buses and available before Transport Department later will coordinating with IGL in arranging two more nozzles required for better operation. M/s Young optimistic agreed that the pits can be used as on a makeshift basis. (Pits to be resized in Phase-2 Work) Structures are already available. However, MCD is directed to clean and to restore/make them functional. M/s Young optimistic agreed that the structure can be used on a makeshift basis. Additionally, Tool Room, Store Rooms, Oil This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:14:20 equipment’s/spare parts etc.

9. Electricity connections Street Lights and Electrical wiring/connections

10. Washing Area Room, Engine Room, Tyre Room, Training Room, Fast moving part Room, etc are required in covered workshop) before shifting of buses M/s Young optimistic has already applied for connections. Transport Department will help with required permissions/interventions for getting electric and other connection. lights Depot Street electrical wiring, connections etc. restored before shifting of buses. Washing Platform along with ETP and required Fixtures, civil and electrical work, pipeline and electrical fitments to be installed in both Washing Areas to be completed before shifting of buses. to be corrected and to be

3. The letter also goes on to record as follows:- “Hence, M/s Young Optimistic Transport Solutions Pvt. Ltd. is broadly agreed to commence their operations their operations from SunehariPullah Depot on completion of these minor works subject to the condition that remaining work (Phase-2 works) as agreed in Minutes of meeting between Department of Transport and Young Optimistic Transport solutions Pvt Ltd dated 14.01.2025 will be carried out by the transport department in a timebound manner latest by 3(three) month from shifting of depot.”

4. During the course of hearing, learned counsel for the respondent no.1 submits that the said respondent shall act in terms of the said minutes and shall ensure that the proposed shifting of the petitioner to the Sunheri Pullah Depot shall only be in terms of the decision taken in the aforesaid meeting.He further submits that the requisite infrastructural work, as set out in the aforesaid table, shall be duly and expeditiously carried out by the respondent no.1. 5. Learned senior counsel for the petitioner also draws attention to certain clauses of the Concession Agreement between the parties, to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:14:20 contend that during the process of shifting, no penalty/shifting charges should be imposed by the respondent no.1 on the petitioner.The learned counsel for the respondent no1 submits that the said respondent shall take into consideration all relevant contractual stipulations for the purpose of imposition of any penalty or any action that may be proposed to be taken against the petitioner.In case any penalty/ shifting charges are proposed to be imposed, let an opportunity of hearing be provided to the petitioner. 6. No further order/s are required to be passed in the present petition; the same is, accordingly, disposed of. FEBRUARY 3, 2025/uk SACHIN DATTA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:14:20