K K Ahuja v. Dda & ANR

$~29.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 553/2016 K K AHUJA ..... Appellant Through Mr. Rakesh Malhotra, Advocate.

versus DDA & ANR.

..... Respondents Through Mr.

Sanjeev Sabharwal, Standing Counsel for DDA.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 07.10.2016 CM No. 37482/2016 Exemption application is allowed, subject to all just exceptions. CM No. 37483/2016 There is delay of 42 days in filing the present intra-Court appeal. Learned counsel for the respondents waives his right to file reply to the application. Having heard the counsels, we are inclined to condone the delay for the reasons given in the application, and looking at the period of delay. The application is allowed.

LPA No. 553/2016 Learned counsel for the appellant, on instructions, states that the appellant wants, and is ready and willing to pay the interest and ground rent. To this extent the appellant has decided to accept the impugned order dated 21st July, 2016. The order dated 21st July, 2016 refers to the earlier orders dated 7th September, 2010 and 22nd December, 2010, and holds that the appellant herein had agreed to pay interest.

The appellant, however, apprehends that the impugned order may prejudice the submissions and contentions of the appellant before the appellate forum where the appeal against the eviction order under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is pending. Learned counsel for the respondents states that the impugned order does not in any way affect or comment about the appeal filed against the eviction order.

Taking the statement of the counsel for the respondents on record, we dispose of the present appeal. We clarify that we have not expressed any opinion on merits of the appeal against the eviction order. SANJIV KHANNA, J.

SUNITA GUPTA, J.

OCTOBER 07, 2016 VKR