(Uday Umesh Lalit and M.R. Shah, JJ.)
Sant Lal Gupta and Others __________________________ Petitioner(s);
v.
Umesh Kumar Jain and Others _____________________ Respondent(s).
Conmt. Pet.(C) No. 1505-1506/2017 In SLP(C) No. 10375-10376/2017, decided on January 10, 2019
(and IA No. 1687/2018-I/A For Withdrawal of Undertakings and IA No. 21806/2018-Permission to File Additional Documents.) With MA 1261/2018 in C.A. No. 9439/2003 (XIV) MA 1260/2018 in C.A. No. 9439/2003 (XIV) MA 1262/2018 in C.A. No. 9439/2003 (XIV) MA 1263/2018 in C.A. No. 9439/2003 (XIV)
The Order of the court was delivered by
Order
1. In pursuance of Order dated 29.11.2018 passed by this Court, an affidavit has been filed by the Administrator of the Modern Cooperative Group Housing Society Limited on 07.01.2019. The affidavit has enclosed an extract of the report given by the Architect who has opined that within the FAR available for the Society, new tower can be constructed in the existing plot with 18 apartments of the size of 83.46 sq. meters each. It is a matter of record that there are 14 claimants involved in the matter and as such four apartments could be constructed over and above the existing requirement.
2. At this stage, we deem it appropriate to solicit the response of the Municipal Corporation of Delhi (North), whether such tower can be constructed and whether it would be within the FAR permissible for the society. Let a copy of this petition be served upon the Municipal Corporation of Delhi (North) which shall file its response within three weeks from the receipt of the notice.
3. We also direct the Administrator to convene a meeting of the General Body of the Society so that the proposal submitted by the architect could be discussed in the meeting and response of the General Body could be placed on record before the next date of hearing.
4. Learned counsel for the alleged-contemnors shall also file individual affidavits of undertaking on behalf of every single alleged-contemnor indicating his/her willingness to deposit a sum of Rupees thirty lakhs into the account of the Society so that appropriate orders can be passed on the next date of hearing. The affidavit of undertaking must also indicate the time-line within which such deposit can be made.
5. List on 28.02.2019.
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