$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % pronounced on: 28.05.2025 + W.P.(C) 3349/2024 and CM APPLs.13803/2024, 21243/2024, 55240/2024, 57154/2024, 4319/2025 & 4329/2025 VINOD KUMAR PODDAR & ANR. .....Petitioners Through: Mr. Nikhil Singhvi, Mr. Abhishek Gupta, Mr. Praful Shukla, Mr. Bilal Ikram and Mr. Sanyam Kumar, Advocates.

versus LOCAL LEVEL COMMITTEE THROUGH DC SOUTH DELHI &

ORS. .....Respondents Through: Ms. Swathi Sukumar, Sr. Adv., Local Commissioner.

Mr. Abhinav Sharma and Ms. Aakriti Jain, Advs. for GNCTD.

Mr. A.K. Chauhan, Mr. Rahul Chauhan, Mr. Amit Kumar, Mr. Sumit Kumar, Mr. Mohit and Ms.

Priyanka Nagar, Advs. for R3 to R5.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT/ORDER

1. The parties to the present petition are embroiled in dispute/s primarily pertaining to the legal guardianship of Mr. Rohan Podar and administration of assets owned (inherited from his father i.e., Late Mr. Sunil Podar) by him. 2. Mr. Rohan Podar is an adult (attained majority in the year 2022) who Signature Not Verified Digitally Signed W.P.(C) 3349/2024 Page 1 of 27 is suffering from 90% mental and physical disability¹. The custody of Mr. Rohan Podar (who was adopted by Late Mr. Sunil Podar and Ms. Meeta Podar/respondent no.4), pursuant to dissolution of marriage of his parents, was given to his father i.e., Late Mr. Sunil Podar by a competent court in the USA. Thereafter, both Late Mr. Sunil Podar and Mr. Rohan Podar (USA citizens and OCI card holders) shifted to India in February, 2009.

3. After shifting to India, a petition was filed by Late Mr. Sunil Podar before a Division Bench of this Court titled Sunil Podar vs. National Trust for Welfare of Person with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and Anr., 2023 SCC OnLine Del 832 challenging the validity of Rule 17(1)(iii)(a) of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 and Regulation 12(1)(i) of the Board of the Trust Regulations, 2001. By virtue of the aforesaid provisions Late Mr. Sunil Podar being an OCI Card holder was ineligible to be appointed as a guardian of Mr. Rohan Podar inasmuch as the said provisions allowed only a citizen of India to be appointed as a Guardian/s for differently abled individual/s. Although, the aforesaid provisions were upheld by the Division Bench of this Court, liberty was granted to Late Mr. Sunil Podar to nominate an Indian citizen as a statutory guardian for Mr. Rohan Podar. It is noted that the said liberty was not exercised by Late Mr. Sunil Podar.

4. Pursuant to the demise of Mr. Sunil Podar on 06.11.2023, Mr. Rohan Podar has been living at his residence i.e., B5/119,Safdarjung Enclave, New

1Disability certificate no. 2-9/16-17 MR D C No. 1422 issued on 13.02.2017 by Medical Superintendent,

VMMC and Safdarjung Hospital, New Delhi Signature Not Verified Digitally Signed W.P.(C) 3349/2024 Page 2 of 27 Delhi -110029 (one of the properties/assets owned by Late Mr. Sunil Podar) without a legal guardian under the supervision of full-time caretakers and staff. The present petition was filed by the petitioners, i.e., paternal relatives of Mr. Rohan Podar seeking appointment of petitioner no.1 as the legal guardian of Mr. Rohan Podar.

5. The aforesaid prayer of the petitioners has been vehemently opposed by the respondent no.3 (sister of Mr. Rohan Podar) and respondent no.4 (mother of Mr. Rohan Podar). During the subsistence of the present petition before this Court, the said parties have made various allegations against each other as regards their respective proposals for appointment of legal guardian for Mr. Rohan Podar.

6. In the above circumstances, this Court vide order dated 15.07.2024 while exercising parens partiae jurisdiction, appointed the Court Commissioner, and directed as under:

“8. While the Court takes note of the applications filed by the Petitioner and Respondent No.3 seeking guardianship of Mr. Rohan Podar, the same needs to be