MEENA SHARMA Vs. SEEMA

JUDGEMENT

(1.) This is an application for waiver of the costs of Rs. 10,000/-. In view of the facts stated therein, the costs are reduced to Rs. 5,000/- which shall be paid within a period of one week from today.

(2.) The application is disposed of.

(3.) The present petition has been filed challenging the impugned order dated 31st January, 2017 by which the application by the Petitioner under Order I Rule 10 seeking impleadment before the Appellate Tribunal has been rejected by the Tribunal. The case of the Petitioner is that she has been in occupation of the property in question being Ground Floor, 152-153, Pocket G-26, Sector -3, Rohini, New Delhi-110085 since the year 2000 and thereafter she purchased the said ground floor in 2002. Respondent No. 1 is the owner of the first floor of the property and according to her, commenced construction on the second and third floor, contrary to the MCD bye-laws. Accordingly, a writ petition was preferred by her being WP(C) No. 4398/2014. Certain directions were issued in the said writ petition, which were not complied with, which led to filing of a Contempt Petition No. 606/2015. Vide order dated 4th August, 2015, the said contempt petition was disposed of, however, even the said order by which the contempt petition was disposed of was not complied with, leading to an application being filed seeking revival of the contempt. Vide order dated 18th December, 2015, the Court had observed that the Petitioner is a necessary and proper party before the MCD Appellate Tribunal, where the Respondent No. 1 had filed an appeal challenging the order passed by the Commissioner of MCD. Thus, vide the said order this Court disposed of the application, granting liberty to the Petitioner to move an appropriate application before the MCD Tribunal. By the impugned order, the Tribunal has rejected the said application.