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Judgment
Adv. Sanjay Aggarwal along with Sh. Parvin Goel, Complainant appeared in person.
Adv. V.K. Ahuja along with Sh. Sanjeev Kumar (AR), Sh. Rohit Koli (AR), Sh. Jitender Kumar (AR) appeared on behalf of the Respondents.
None appeared on behalf of MCD.
Ld. Counsel for Respondents reiterated that his client does not require occupancy cum completion certificate in respect of subject project as the building plans have already been regularized by MCD and as per the format of regularization no separate occupancy cum completion certificate is required. He further stated that since in regularization letter it has been specifically mentioned that his client should obtain occupancy cum completion certificate separately he has approached DDA for clarification whether separate occupancy cum completion certificate is required as per Unified Building Bye Laws-2016 after regularization of deviations by MCD. The clarification from DDA is still awaited.
We note that Respondents have not paid the cost of Rs. 50,000/- (Rupees Fifty Thousands) imposed by this Authority vide order dated 11.05.2022. Ld. Counsel for the Respondents submitted that he has moved an application for the waiver of the cost. While considering the request of the Ld. Counsel, we noted that vide order dated 07.06.2022 his earlier application for waiver of cost has already been rejected. Since, the prayer for waiver of cost has already been declined the second application under Section 151, CPC for waiver of cost is not maintainable. Therefore, the second application for modification of order dated 07.06.2022 regarding the cost is also hereby dismissed. The Respondents are directed to deposit the cost by next date of hearing.
Case is posted on 14.03.2023 at 2:30 pm.