(Uday Umesh Lalit and Indu Malhotra, JJ.)
Sant Lal Gupta and Others _________________________ Petitioner(s);
v.
Umesh Kumar Jain and Others ___________________ Respondent(s).
Conmt. Pet.(C) Nos. 1505-1506/2017 in SLP(C) Nos. 10375-10376/2017, decided on February 28, 2019
(IA No. 1687/2018 – For Withdrawal of Undertakings; and, IA No. 21806/2018 – For Permission to File Additional Documents) With MA No. 1261/2018 in C.A. No. 9439/2003 (XIV) MA No. 1260/2018 in C.A. No. 9439/2003 (XIV) MA No. 1262/2018 in C.A. No. 9439/2003 (XIV) MA No. 1263/2018 in C.A. No. 9439/2003 (XIV)
The Order of the court was delivered by
Order
1. In accordance with the direction issued by this Court on 10.01.2019, a General Body Meeting of the Society was held under the Chairmanship of the Administrator on 24.02.2019. Minutes of the Meeting are enclosed in the Affidavit tendered across the bar by the Administrator. The affidavit is taken on record.
2. Mrs. Kiran Bhardwaj, learned counsel has also filed affidavit on behalf of some of the alleged contemnors pursuant to the directions issued in the order dated 10.01.2019. 11 of the alleged contemnors have thus filed affidavits, which are taken on record. Copies of these affidavits be given to the other side.
3. Further, pursuant to the direction issued on the last occasion, an affidavit has also been filed on behalf of the North Delhi Municipal Corporation, para 3 whereof reads as under:
“3. That accordingly, on last date of hearing i.e. on 10.01.2019 this Hon’ble Court has directed the Municipal Corporation of Delhi (North), to file its response as to whether such tower can be constructed and whether it would be within the FAR permissible for the society.
In regard to the above order dated 10.01.2019, it is respectfully stated that there is no record pertaining to approved layout plan/completion plan of Modern Cooperative Group Housing Society Limited available in the department, so as to ascertain the balance FAR availing for further construction by the society. Further, it is submitted that new tower with 18 dwelling units can be constructed only if balance ground coverage and FAR is available as against permissible ground coverage and permissible FAR prescribed for group housing in MPD-2021 under clause 4.4.3, B-Residential Plot – Group Housing mentioning as below:
1. Maxi, Ground Coverage: | 33.3% (in case addition of alteration of existing DUs for availing balance FAR ground coverage upto 40% may be allowed. |
2. Maximum FAR: | 200 |
3. Height: | NR (Subject to clearance from AAI/Fire Department and other statutory bodies. |
4. Parking: | 2.0 ECS/100 sqm built up area and 0.5 ECS/100 sqm for EWS/Service Personal Housing.” |
4. Since the Minutes of the General Body Meeting dated 24.02.2019 has taken a particular stand, we direct the Administrator to place on record, for our perusal, complete record with respect to the said meeting, including E-mails and letters received by the Administrator in respect of said meeting.
5. Learned counsel for the alleged contemnors is also given liberty to respond to the affidavits of the Administrator and MCD. Let the response be filed within 10 days from today.
6. List these matters on 13.03.2019 for final disposal.
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