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ANUP JAIRAM BHAMBHANI J.

CM APPL. 47591/2022

CM APPL. 34855/2023

By way of CM APPL. No. 47591/2022 filed under Order XLIII Rule 1A(2) of the Code of Civil Procedure 1908 („CPC‟), the appellant seeks recall of order dated 24.05.2012 made in the present proceedings, whereby the present regular first appeal alongwith RFA No.193/2003, were disposed-of as settled and satisfied in terms of the observations in that order; or, in the alternate, for modification of that order and a direction to the respondent to obtain a sanctioned building plan from the Municipal Corporation of Delhi („MCD‟) alongwith the structural building certificate to comply with that order. By way of CM APPL. No. 34855/2023 filed under section 151 CPC, the respondent seeks dismissal of CM APPL. No. 47591/2022 and modification of order dated 31.01.2023 passed by this court, whereby the respondent was directed to take steps for regularisation of property being the Third Floor of property bearing No. B-2/88, Safdarjung Enclave, New Delhi („suit property‟).

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

This order shall dispose of four revision pe&&ons &tled above, as all of them are between same par&es and pertain to the same demised premises. In order to avoid confusion, par&es shall be referred as "landlord" and "tenant", i.e. as per their status before the trial Court.

2.1 Admi*edly, the demised premises, i.e. Shed No.433-A, Industrial Area, Phase-II, Chandigarh was originally allo*ed to Smt. Swaraj Katari by Chandigarh Small Industries Department Corpora&on Limited. M/s R.D. Sales Corpora&on through its proprietor Rakesh Gupta (pe oner herein) was inducted as tenant in the demised premises on the right side por&on to the extent of 12 Ft. X 60 Ft., vide rent note dated 19.10.1994 on monthly rent of ₹6,000/- including water and electricity charges, for a period of 11 months. Said rent was later on Page no.2 out of 47 pages 2 of 47 Neutral Citation No:=2024:PHHC:146797 CR No.1662 of 2020 (O&M) 2024:PHHC:146797 CR No.1663 of 2020 (O&M) 2024:PHHC:146800 CR No.1664 of 2020 (O&M) 2024:PHHC:146802 CR No.6078 of 2018 (O&M) 2024:PHHC:146806 enhanced to ₹8,500/-.

The above Original Petition has been filed by the successful Award Holder under Chapter I Part II of the Arbitration and Conciliation Act, 1996 to recognize the Final Award dated 22.02.2021 and the addendum to the Final Award dated 08.03.2021.

______________ Page No 3 of 184 https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.)No.186 of 2023

2. The respective legal contentions of the Petitioner (the claimant) and the Award Debtor Respondent No.2 (the Engineering Company) and the Award Debtor Respondent No.3 (the Project Company) shall be adverted after narrating the facts of the case. I propose to narrate the facts in two parts.

and background of the case:

The Appellant filed an RTI application dated 21.09.2023 seeking information on following points:-

"What kind of punishment is sanctioned by the law for any Pilot who gets the RTR permit or licence on the basis of false documents?"

The CPIO, Sr. DWA (COP & regulations) vide letter dated 05.10.2023 replied as under:-

"- Information sought does not fall under purview of RTI Act 2005, hence this RTI is closed"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.10.2023. The FAA vide order dated 08.11.2023 stated as under:-

"Reply :- I have gone through the case and found that information sought was denied by the CPIO stating that the information did not fall under the purview of the RTI Act, 2005. The undersigned is convinced with the above reply in view of Section 8-1(j) of the RTI Act. 2005."

and background of the case:

The Appellant filed an RTI application dated 21.09.2023 seeking information on following points:-

"To, Shri Umang Srivastva Sr.DWA (COP) I had complained on 05/05/2023 against Rahul Sinha regarding his COP permit. What action or inquiry has been conducted in this regard?"

The CPIO, Sr DWA (COP & Regulation) vide letter dated 05.10.2023 replied as under:-

"Information sought does not fall under purview of RTI Act 2005, hence this RTI is closed"

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.10.2023. The FAA, JWA vide order dated 08.11.2023 stated as under:-

"Reply :- I have gone through the case and found that information sought was denied by the CPIO stating that the information did not fall under the purview of the RTI Act, 2005. The undersigned is convir.ced with the above reply in view of Section 8-1(j) of the RTI Act. 2005."

and background of the case:

The Complainant filed an RTI application dated 12.07.2023 seeking information on following points:-

"1. Total number of employees whose Pension Payment Orders (PPOs) were issued between 01.01.2018 to 30.6.2023 from the office of the PAO, PP&M, Faridabad. 2. Total number of employees whose Pension Payment Orders (PPOs) were issued after the date of their retirement or delayed due to any reason. Information may be provided from 01.01.2018 to 30.6.2023 only. 3. Photocopy of note sheet in respect of my (Devendra Singh, Applicant) pension file maintained in your office to date. 4. Photocopies of the dispatch register maintained in your office for the dates 14.3.2023 to 17.3.2023 and 20.3.2023 to 22.3.2023."

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