BEFORE SHRI PITAMBER DUTT, LD.

PRESIDING OFFICER:
ATMCD: TIS HAZARI COURTS: DELHI.
APPEAL No. 204/2023 IN THE MATTER OF: -

DR.DINESH MODI APPELLANT

VERSUS

MUNICIPAL CORPORATION OF DELHI

...RESPONDENT

D.O.H:

REPLY ON BEHALF OF RESPONDENT/MUNICIPAL

CORPORATION OF DELHI TO THE APPLICATION FILED BY
THE APPELLANTS UNDER SECTION 5 OF THE LIMITATION
ACT FOR CONDON VTION OF DELAY IN FILING OF
APPEAL.

MOST RESPECTFULLY SHOWETH: -

PRELIMINARY OBJECTIONS: -

l . That the application under reply is an abuse of process of law and the
same is liable to be dismissed with heavy cost in favour or the
Respondent herein end against the Appellant.

That the application under reply does not reveal any genuine or bona-
fide ground to condone the delay in filing the appeal before this
Hon 'ble Court.

3. That the application filed by the appellant is liable to be dismissed as

the appellant is in the present application has mentioned the delay
of how has occurred in filing the present appeal. It is further
submitted that the appellant has to specify the reasons for the delay
of each and every day.
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REPLY ON MERITS: -

l'hat the contents ol' the para no, I ol' the application are wrong and
denied, It is wrong and denied that the appellant herein has filed an
aecounpanying appeal under sections 347B ol' the Delhi Municipal
Corporation Act, 1957 against (he illipugned sealing order dated
I passed by respondent 110.2 directing the sealing oc the
unauthorized construction in the shape or excess coverage deviation
against sanctioned building plan No. 10073780 dated at
stilt, ground floor, first floor, second floor and projection on
governtnent land in the shape of balcony forming part ol' the house
bearing no. I l , Adchini Village, New Delhi but neither this order
nor any sealing notice mandatory to be issued prior to issuing
sealing order was made available to the appellants ever and only
through a tout, Cashionably called consultant, they could get hold of
(he impugned order, though dated 03.01.2023 only on 10.02.2023.
The contents of the preliminary objections may kindly be read as
part and parcel of the para under reply as the same are not being
repeated herein for the sake of brevity,

2. That the contents of the para no.2 of the application are wrong and
denied. It is wrong and denied that the statutory period of one month
from the receipt of the ilnpugned order expires on 10.03.2023 and
hence the accompanying appeal is within the permitted limitation
period of one month. The contents of the preliminary objections may
kindly be read as part and parcel of the para under reply as the same
are not being repeated herein for the sake of brevity.

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That the contents of the para no.3 of the application are wrong and denied.
It is wrong and denied that the contents *or the said appeal may kindly
be referred to as the same are not being repeated herein for the sake of
brevity. The contents oc the preliminary objections may kindly be read
as part and parcel of the para under reply as the same are not being
repeated herein for the sake of brevity.

4. That the contents of the para 110.4 of the application are wrong and
denied. It is wrong and denied that the copy of the impugned
sealing order dated 03.01.2023 became available to the appellants
only on 10.02.2023 and the rigmarole experienced by the
appellants in getting the impugned sealing order is already
explained in the accompanying appeal. It is fill-ther wrong and
denied that no copy of the same was ever served upon the
appellants at any point of time in spite of repeated requests and
approaches made by the appellants to the respondent no. I & 2 from
time to time and immediately on receipt of the copy of the
impugned sealing order on 10.02.2023, the appellants contacted the
undersigned counsel and got prepared the present appeal and filed
the same without any' loss of further tirne. The contents of the
preliminary objections may kindly be read as part and parcel of the
para under reply as the same are not being repeated herein Cor the
sake of brevity.

5. That the contents of the para no,5 of the application are wrong and
denied. It is wrong and denied that though there is no delay in
filing the present appeal before this Hon'ble Court against the
impugned sealing order dated 03.01.2023 passed by respondent
no.2 as the copy of the same was supplied to the appellants only on
10.02.2023, but still, in order to avoid any technical objection at a

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 later stage and for the sake ol' abandoned precaution, the
appellants are moving the present application this I lon@ble
Court

seeking condonation of delay in filing the present appeal before this I-

lon'ble Court well within the period of litnitation. The contents of the
prelilüinary objections tnay kindly be read as part and parcel of the
para under reply as the satue are not being repeated herein for the sake
of brevity,

6. That the contents of the para no.6 or the application are wrong
and denied. It is wrong and denied that the non-filing of the
present appeal well within the period of limitation was neither
intentional nor deliberate but the same was only due to the
aforesaid facts and circumstances go nd bonafide reasons. The
contents of the preliminary objections may kindly be read as part
and parcel of the para under reply as the same are not being
repeated herein for the sake of brevity.

7. That the contents of the para no. 7 of the application are wrong and
denied, It is wrong and denied that there are sufficient cause and
grounds fir condoning the delay, if any. in filing the present appeal
before this Ilon'bJe Court well within the period ol' litnitation and for
hearing the present appeal on its Illerits and in ease the relief as prayed
for is not granted in favour ol' the appellant and against the
respondents, in that event, the appellant shall sulTer an irreparable loss
and injury without any restitution therefronl, hence the present
application. The contents of the preliminary objections tnay kindly be
read as part and parcel of the para under reply as the same are not
being repeated herein for the sake of brevity.

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 Chat the contents ol' the para no.8 ol' the application are wrong and
denied. It is NVtong and denied that the appellant prilna Ihcie has a \
good ease on its literits ancl lilt•ther the balance ol' convenience for the
satue also lies in 01s the appellants and against the respondents, The
contents the prelitninary 012iections tnay kindly be read as part and
parcel ol' the para under reply as (he same are not being repeated herein
for the sake ol' brevity,

Last para of the application is prayer to this Ilon'ble Court and the
sallie is and denied. The appellant is not entitled to any relief as prayed in
the application.

PRAYER:

In view of the above, facts and circumstances, it is, therefore. most

respectiillly and hiltnbly prayed that this I-lon'ble Court may kindly be
pleased to disnliss the application under reply with heavy cost in the interest
ol' justice.
Respondent

Through

Delhi
Dated:
Counsel

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BEFORE SH. PITAMBER DUTT, LD. PRESIDING OFFICER:
ATMCD: TIS HAZARI COURTS: DELHI.

APPEAL No. 88/2023.

IN THE MATTER OF: -

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SH RAJEEV WADHWA & ORS APPELLANTS

VERSUS

MUNICIPAL CORPORATION
OF DELHI & ORS
RESPONDENTS
AFFIDAVIT
l. Rajbir Singh presently working as Assistant Engineer (Civil),
South Zone, MCD, do hereby solemnly affirm and declare as under: -

That the deponent is working on the above-mentioned post in the

office of MCD and is well conversant with the facts and

circumstances of the case and is competent to swear upon this
affidavit.

2. That the accompanying reply has been drafted by my counsel under my

instructions. The contents of the said reply have been read over to
me in vernacular and the same be read as part and parcel of the
present affidavit as the same are not repeated herein for the sake of

brevity.
DEPONENT
VERIFICATION: -

Verified al Delhi on this day of April, 2023 that the contents of the above
affidavit are true and correct to my knowledge and nothing material has been
concealed therefrom.

DEPONENT

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