On Emaar appeal,sealing of Village flats stopped

With the Delhi Development Authority on Monday going ahead with sealing of the Commonwealth Games Village flats under the Emaar MGF,which were found to be in excess of the permissible Floor Area Ratio,the developer approached the Appellate Tribunal,MCD,which set aside and quashed the August 10 sealing order since the mandatory showcause notice was not served on the company.

With the Delhi Development Authority (DDA) on Monday going ahead with sealing of the Commonwealth Games Village flats under the Emaar MGF,which were found to be in excess of the permissible Floor Area Ratio,the developer approached the Appellate Tribunal,MCD,which set aside and quashed the August 10 sealing order since the mandatory showcause notice was not served on the company.

The matter has also been sent back to the respondent DDA with directions that the sealing order be treated as a showcause notice and the appellant,Emaar MGF,has now been given 15 days to file its reply with the Joint Director (Building),DDA.

The order stated that the appellant shall not be given any extension or adjournment for filing reply to the showcause notice. The concerned Joint Director (Building),DDA shall grant personal hearing to the authorized representative/officials/lawyers of the appellant company on September 28… the Joint Director shall pass the speaking order after considering the reply of the showcause notice… and shall pass the speaking order within a period of two months from today.

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Emaar MGF is also not to be handed over possession of any of the flats in question till the proceedings are completed,according to the order and the developer cannot carry out any major construction in these flats. They can only carry out re-furnishing.

The tribunal also warned DDA to be careful in future in such sensitive and highlighted matters and take every precaution before taking any coercive methods. The land agency has been asked to proceed according to the law and not to forget to complete basic formalities as required by natural justice,law and procedure.

The DDA had issued sealing orders to Emaar without issuing a showcause notice which is required as per law. On August 24,the Deputy Director (Land and Management),DDA had written to DCP (East district) to provide police assistance for the purpose of sealing of the flats as per sealing orders dated August 10.

On Monday morning,police reached the Games Village and was in the process of sealing flats. The sealing process was stopped after an order by the tribunal.