11.11.2021 Present : Sh.RY Kalia, Ld counsel for the ...

A.No. 387/21 11.11.2021 Present : Sh.RY Kalia, Ld counsel for the appellants.

Sh. Naveen Grover, Ld counsel for the respondent with Sh.

Rajiv Garg, ALO.

Record has been produced. It be deposited with Registry.

The status report has been filed. Copy supplied.

Ld counsel for the appellants submits that all the household

material including more than 15000 books and the

documents are lying in the property in question and that the

appellants are the Advocates by profession. Ld counsel for

appellants also submits that the appellants shall remove

their goods which are lying in the property at their own risk

and expense and for the aforesaid purpose the property of

appellants may be ordered to be temporarily desealed.

Ld counsel for the respondent submits that the department

does not have any objection to the removal of goods by the

appellants from their portion on third floor in property

bearing no. 6, Shamnath Marg, Civil Lines, Delhi.

Considering the facts and circumstances and in the interest

of justice, the application moved on behalf of appellants is

hereby disposed of and it is ordered that only the portion of

appellants i.e 3rd

floor in property bearing no. 6, Alipur

Road, Shamnath Marg, Civil Lines, Delhi be temporarily

deseled w.e.f 17.11.2021 till 07.12.2021 for removal of

goods of the appellants lying therein. The portion of the

appellants in the property shall be desealed on 17.11.2021

at 11.00 am and the same shall be resealed on 07.12.2021

at 4.00 pm. It is also ordered that the remaining portion in

the property in question from basement till second floor shall

remain sealed and the same shall not be desealed in the

garb of present order.

Put up for arguments on 11.02.2022.

Copy dasti.

(MANISH KHURANA) P.O : Appellate Tribunal:MCD

11.11.2021

A.No. 395/21 11.11.2021

Present : Sh. Dalip Rastogi, Ld counsel for the appellant.

None for the respondent.

Issue fresh notice of the appeal and the applications to

the respondent through concerned CLO and AE(B) is

directed to appear with record regarding rejection of

regularization proceedings for 17.11.2021.


11.11.2021

A.No. 290/21 11.11.2021

Present : Sh.VP Rana, Ld counsel for the appellant.


Put up for date fixed i.e 24.11.2021.


11.11.2021

A.No. 318/21, 319/21, 320/21, 312/21 & 310/21 11.11.2021

Present : Ms. Neena Malhotra, Ld counsel for the appellant.

Sh. Ashutosh Gupta, Ld counsel for respondent with Sh.

Rajiv Garg, ALO.

Ld counsel for the respondent submits that the

application seeking early hearing is not maintainable as

no reason has been mentioned in the application seeking

early hearing.

Per contra, Ld counsel for appellant submits that the

appellant was earlier contesting the civil suit before the

Court of Sh. Addl. Senior Civil Judge, Central District and

was having the stay in her favour, however, the aforesaid

suit was dismissed on 05.10.2021 as per section 347E

DMC Act and hence, the application for early hearing has

been filed.

In the interest of justice, put up for arguments on the

interim application on 23.11.2021.


11.11.2021

A.No. 82/21 11.11.2021

Present : Sh. Sahil Gupta, Ld counsel for the appellant.

Sh. Ashutosh Gupta, Ld counsel for the respondent MCD.

Sh. DS Dalal, Ld counsel for the proposed respondent

no. 2 Kavita Sharma.

The notice of the application u/s 151 CPC for bringing on

record the order dated 10.03.2021 in FAO (OS) 20 of

2021 passed by Hon’ble Delhi High Court and for

appropriate directions was issued to respondent no. 2

Kavita Sharma and an application for impleading Mrs.

Kavita Sharma as respondent no. 2 in the present appeal

has also been filed by the appellant.

Ld counsel for the appellant submits that the correct date

of order in FAO (OS) 20 of 2021 passed by Hon’ble Delhi

High Court is 25.10.2021 and he will supply the copy of

both the orders to the opposite counsels within two days

from today.

Let the copies be supplied and matter be relisted for

arguments on 11.02.2022.


11.11.2021

A.No. 113/21 11.11.2021

Present : None for the appellant.

Sh. Ashutosh Gupta, Ld counsel for the respondent.

The record has already been filed.



11.11.2021

A.No. 716/18 Subhash Vs. North DMC 11.11.2021 Statement of Sh. Sandeep Sharma, Licensing Inspector, Karol Bagh Zone, Delhi. On SA The property in question i.e Ground Floor of property no.

2719, Gali No. 7, Chuna Mandi, Paharganj, Delhi-110055 is not the

subject matter of 21960 units regarding which an affidavit was filed by

Commissioner, MCD before Hon’ble Supreme Court in writ petition (C)

no. 4677/85 titled as MC Mehta Vs. UOI. The appellant has also

deposited the misuse charges to the tune of Rs. 44307/- vide G-8 receipt

no. 40585 dated 28.02.2019 and nothing remains due and the respondent

department does not have any objection to the desealing of the property

in question.

RO & AC


11.11.2021

A.No. 29-SCM-13 11.11.2021

Present : Sh. Sanjeev Kumar Dubey, Ld Sr.Advocate with Sh.

Rajmangal Kumar, Ld counsel for the appellant.

Sh. VK Aggarwal, Ld counsel for the respondent.

None for the Monitoring Committee and the notice issued

to the Monitoring Committee has not been received back.

The status report has been filed on behalf of the

respondent. Copy supplied.

Ld Sr.Advocate for the appellant seeks time to file reply

thereto.

Issue fresh notice to the Monitoring Committee for

11.02.2022.


11.11.2021

A.No. 212/21 11.11.2021

Present : Sh. Vikrant Pandit, Ld counsel for the appellant through

VC.

Sh. SA Hussain, Ld counsel for the respondent.

Fresh V/N filed by Ld counsel for respondent. It be taken

on record.

Ld counsel for respondent seeks time to file the record.

Let the AE(B) be summoned with record for 11.02.2022.


11.11.2021

A.No. 693/18 11.11.2021

Present : None for the appellant despite notice.

Sh. HR Aggarwal, Ld counsel for the respondent.

The appellant has not appeared despite service of court

notice.

It is 2.15 pm now.

Hence, the present appeal stands dismissed for non

prosecution and consequently, the impugned order

stands confirmed.

Record of the respondent if any be returned alongwith

copy of this order and file be consigned to record

room.


11.11.2021

A.No. 60/21 Varun Tanwar & Anr Vs. North DMC 11.11.2021


Sh. Ashutosh Gupta, Ld counsel for the respondent.

The status report has been filed according to which the

non compoundable deviations in the property in question

i.e 3rd floor of property bearing no. UU151, Pitampura,

Delhi have been removed by the appellant.

Ld counsel for respondent submits that since the all non

compoundable deviations have been removed by the

appellant as per the status report filed on behalf of AE(B)

today, the regularization application moved by the

appellant can be considered by the department.

At this stage, Ld counsel for appellant submits that the

matter may be remanded back and directions may be

given to the respondent to consider the regularization

application.

In view of the facts and circumstances, status report filed

today, the appeal stands disposed of and the impugned

order dated 11.08.2020 vide which the application for

regularization of 3rd floor of property bearing no. UU151,

Pitampura, Delhi was rejected is hereby set aside and

matter is remanded back to the Quasi Judicial Authority

to decide the regularization application afresh. The

appellant shall appear before the Quasi Judicial Authority

on 25.11.2021 at 3.00 pm for hearing and the Quasi

Judicial Authority shall pass the fresh speaking order qua

the regularization within 02 months thereafter.

Record of the respondent if any be returned and file be

consigned to record room.

Copy dasti.


11.11.2021

A.No. 271/21

11.11.2021

File again taken up at 2.10 pm on appearance of appellant who filed an application for taking out goods such as cloths and readymade garments etc, from the sealed shop.

Present : Appellant in person.


An application on behalf of appellant has been filed for

taking out goods such as cloths and readymade

garments etc, from the sealed shop.

Issue notice of the instant application to the respondent

for 03.12.2021.


11.11.2021

A.No. 695/19 11.11.2021

Present : Sh. Karanpreet Singh, Ld counsel for the appellant.

Sh. Sanjay Sethi, Ld counsel for the respondent.

The record has not been filed.

Let the LI be summoned with record for 11.02.2022.


11.11.2021

Misc in A.No. 82/20 11.11.2021

Present : Sh. Vijay Aggarwal, husband of appellant in person.

Sh. Rajiv Garg, ALO for the respondent with Sh. GS

Brijwasi, AE(B).

Sh. Amit Mehra, Ld counsel for applicant with applicant.

It is submitted by AE(B) that a fresh demolition order u/s

343 DMC Act dated 09.11.2021 has been passed and the

action shall be taken as per law.

Copy of the order dated 09.11.2021 has been supplied to

Sh. Vijay Aggarwal, husband of the appellant.

In these circumstances, the miscellaneous file stands

disposed of.

File be sent back to Record Room.


11.11.2021

A.No. 32/19 (M) & 551/19 11.11.2021


Sh. HR Aggarwal, Ld counsel for the respondent.

Fresh V/N filed by Ld counsel for respondent. It be taken

on record.

Ld counsel for appellant seeks an adjournment for

arguments.



11.11.2021

A.No. 529/19 & 530/19 11.11.2021



Ms. Jyoti, Ld proxy counsel for applicant.

Ld counsel for appellant seeks an adjournment to file the

reply to the application u/O 1 Rule 10 CPC.

Appellant is directed to file the completer chain of

documents regarding the ownership of the property in

question.

Put up for arguments on the application u/O 1 Rule 10

CPC as well as for filing of title documents on

11.02.2022.


11.11.2021

A.No. 219/19 11.11.2021

Present : Clerk for counsel for appellant.

Sh. HR Aggarwal and Ms. Vasu Singh, Ld counsels for

the respondent with Sh. PK Sharma, AE(B).

The status report regarding the action taken in the

property in question has been filed.



11.11.2021

A.No. 118/17 & 119/17 11.11.2021

Present : Sh. Manish Vats, Ld counsel for the appellants Ram

Niwas and Chand Ram.

Sh. Dharamvir Gupta, Ld counsel for the respondent with

Sh. RK Verma, AE(B), Sh. SK Chauhan, EE(B) and Sh.

VK Mantoo, DLO.

Ld counsel for appellants submits that he has instructions

to withdraw both the appeals as the appellants do not

wish to contest the impugned orders.

DLO Sh. VK Mantoo submits that the appellants have not

filed any appeal against the demolition order dated

02.07.2014 and sealing order dated 10.09.2014.

In view of the facts and circumstances, both the appeals

stand dismissed as withdrawn.

Respondent MCD is at liberty to take action as per law

qua the property in question.

Record of the respondent, if any, be returned alognwith

copy of this order and files be consigned to record

room.


11.11.2021

A.No. 236/18 11.11.2021

Present : Sh. Mohit Sharma, Ld proxy counsel for the appellant.

Sh. Krishan Keshav, Nodal Officer for the respondent

with Sh. Anil Kumar, AE(B).

AE(B) seeks time to file the status report in compliance of

previous order.

Put up for aforesaid purpose on 11.02.2022.


11.11.2021

A.No. 81/14 11.11.2021

Present : Sh. Rohit Jain Ld counsel for the appellant through VC.

Sh. Dharamvir Gupta, Ld counsel for the respondent.

Ld counsel for appellant submits that the permission for

the tower in question has been applied for and the same

is awaited from the respondent.



11.11.2021

A.No. 294/14 11.11.2021



Ld counsel for appellant submits that the permission for

the tower in question has been applied for and the same

is awaited from the respondent.



11.11.2021

A.No. 318/12 & 186/10 11.11.2021



The status report has been filed.



11.11.2021

A.No. 382/21 11.11.2021

Present : Appellant with Ld counsel Sh. Zaffar Abbas.

Sh. Vinay Rathi, Ld counsel for the respondent.

The status report has been filed. Copy supplied.

Ld counsel for appellant submits that the appellant has

been residing in the property bearing LIG Flat No.

A3/126/1, Sector-7, Rohini, Delhi and no new

construction in the said flat has been done by the

appellant and the small residential flat of the appellant

has been booked as the ground floor owner filed a civil

suit against the appellant herein which is pending in the

Court of Ld. SCJ, North-West, Rohini Courts, Delhi.

Ld counsel for respondent submits that though as per the

FIR the property was residentially occupied and no fresh

construction was being done, however, there are

deviations in the said flat against the standard plan of

DDA, hence, the property in question has been booked.

Ld counsel for appellant submits that the appellant has

relied upon various documents including the electricity

bills with energisation date of 26.07.1989, however, the

aforesaid documents have not been considered by the

department while passing the impugned demolition order

dated 23.05.2019. Ld counsel for the appellant submits

that even the extent of unauthorized construction in the

LIG flat of the appellant has not been mentioned in the

show cause notice or the demolition order.

Considering the facts and circumstances and in the

interest of justice, the respondent shall not take

demolition action qua the property in question ie. LIG Flat

No. A3/126/1, Sector-7, Rohini, Delhi till the NDOH.

However, this order is subject to any order passed by the

Hon’ble Supreme Court/Hon’ble High Court/Hon’ble NGT

-2-

regarding sealing and demolition in respect of the

property in question.

Appellant is directed to file affidavit giving details of

construction with measurements of the existing

construction alongwith existing site plan and photographs

of the property in question within 07 working days from

today failing which stay order granted shall deemed to be

vacated.

Copy of this affidavit will be provided to the concerned

AE(B) by the appellant who shall verify whether details of

construction mentioned in the affidavit is correct or not.

Appellant is also directed not to carry out any addition,

alteration, repair or construction and shall also not create

any third party interest in the property in question.


Copy dasti.


11.11.2021

A.No. 718/13 11.11.2021

Present : Ms. N Sehar, Ld proxy counsel for the appellant.

Sh. Harbansh Kaushal, Ld counsel for the respondent.



11.11.2021

A.No. 05/20 (M) 11.11.2021

Present : Sh. Gaurav Sharma, Ld proxy counsel for the appellant.

Sh. Rajiv Garg, ALO for the respondent.

Main counsels for both the parties are not present.



11.11.2021

A.No. 237/15 & 151/17 11.11.2021

Present : Sh. Abhishek Gupta, Ld counsel for the appellant.

Sh. Vikas Gupta, Ld counsel for the respondent.



11.11.2021

A.No. 323/18 11.11.2021

Present : Sh. JK Sharma, Ld counsel for the appellant.

Ms. Nagina Jain, Ld counsel for the respondent.

Memo of appearance filed by Ld counsel for appellant

and an adjournment is sought for arguments.



11.11.2021

A.No. 447/17 11.11.2021

Present : Sh. Atul Verma, Ld counsel for the appellant.

Sh. Rajiv Garg, ALO for the respondent.

Sh. Ajay Laroia, Ld counsel for respondent no. 2

Ld counsel for the respondent MCD is not available

today.


Interim orders, if any, to continue till next date.


11.11.2021

A.No. 590/16 11.11.2021

Present : Sh. Anuj Garg, Ld counsel for the appellant.

Sh. AL Agnihotri, Ld counsel for the respondent.

Ld counsel for appellant submits that the previous cost

has been deposited and he will file the written

submissions.



11.11.2021

A.No. 291/21 11.11.2021

Present : Ms. Kumud L. Das, Ld counsel for the appellant.

Sh. VK Sharma, ALO for the respondent no. 1 and 2

(EDMC) with Sh. SK Jain, AE(B).

Sh. Shreshth Jain, Ld counsel for respondent no. 3, 4, 6 &

7.

The brief notes regarding the submissions on behalf of

appellant has been filed by Ld counsel for appellant.

The reply has been filed on behalf of respondent no.

3,4,6 and 7.

Another application u/O 1 Rule 10 CPC for deletion of

Ms. Shweta Sharma (respondent no. 5) from the array of

parties has been filed by Ld counsel for applicant.

Another application on behalf of applicant Bhupesh Ahuja

has been filed for his impleadment as appellant no. 2 in

the present appeal.

The present appeal has been filed by appellant Manoj

Mittal who is the resident of Flat No. 119, Himvarsha

Apartment, Plot no. 103, IP Extension, Patparganj, Delhi-

110092 who has challenged the impugned sanctioned

letter dated 27.01.2021 vide reference no. EE(B)-

I/Shah(S)/2020-21/D-282 dated 27.01.2021 and it is

alleged by the appellant as well as his counsel that the lift

which is being installed in the premises of Himvarsha

Apartment is not being constructed as per norms and

hence, it is prayed that the sanction granted by the

respondent MCD for installation of lift vide letter dated

27.01.2021 may be quashed with an additional relief to

direct the respondent no. 3, 4, 6 & 7 to restrain from

construction of lift and to re-do the flooring of the place in

its original position. It is alleged by Ld counsel for the

appellant that the lift under construction is in violation of

-2-

DDA policy dated 18.02.2016 as ‘lift well’ constructed is

not abutting the blind wall and the natural light, ventilation

and the movement of the members of the society is

affected. It is further alleged that the appellant came to

know that the permission/NOC for the lift was granted on

revised plan vide file no. 3256 dated 21.12.2020 without

GBM/AGM conducted by BRCGHS and consent of 50%

of the flat owners has not been obtained as per

requirement and EDMC ought to have revoked the

permission/NOC as per clause 4 of the letter dated

27.01.2021. It is also alleged that the lift in question is

being constructed by two society members misusing their

position as President and office bearer of the Managing

Committee of BRCGHS.

Per contra, reply on behalf of respondent no. 3, 4, 6 & 7

has been filed and it is alleged that the appellant has no

locus standi to file the present appeal as he is pursuing

the present case for the flat no. 10, Himvarsha Apartment

whereas the appellant is admittedly residing in Flat No.

119, Himvarsha Apartment. It is alleged that the present

appeal is just an abuse of law and to harass the old aged

respondent no. 3, 4, 6 & 7 and their respective family

members despite the fact that the construction of lift is

going-on as per the revised sanction letter dated

08.07.2021. It is also alleged that respondent no. 4, 6 and

7 are senior citizens (retired from Defence) and they are

peace loving and law abiding citizens who are residing at

the 3rd/2nd Floor in their respective blocks in Himvarsha

Apartment and respondent no. 4 is having his 90 years

old father and respondent no. 7 is aged 82 years and

respondent no. 6 is having the age of 85 years and has

gone through knee replacement and they are not able to

take the stairs all the time. Ld counsel for the

respondents submits that the lift in question is being

-3-

constructed after taking the proper sanction from the

respondent MCD and the construction of life which is as

per sanction accorded by the respondent MCD may not

be stopped.

AE(B) submits that he has not physically inspected the

spot to verify as to whether lift in question is being

constructed as per norms and permission granted vide

revised sanction letter dated 08.07.2021.

Considering the facts and circumstances, I am of the

opinion that the physical inspection of the spot by the

AE(B) is required to be done before proceeding further in

the present appeal.

Accordingly, the AE(B) is directed to conduct the physical

inspection of the alleged lift which is being constructed

pursuant to the revised sanction letter dated 08.07.2021

on 22.11.2021 and to file the report before this Tribunal to

clarify as to whether the lift in question is being

constructed as per norms and policy and in accordance

with conditions provided in the aforesaid sanction letter,

on 22.12.2021.

Copy dasti.


11.11.2021

A.No. 124/15 11.11.2021

Present : Sh. SP Bansal, Ld counsel for the appellant.

Ms. Nagina Jain, Ld counsel for the respondent.



11.11.2021

A.No. 239/17 11.11.2021

Present : Sh. Ajit Singh, Ld counsel for the appellant through VC.

Sh. Mohit Sharma, Ld counsel for the respondent.



11.11.2021

A.No. 348/18 & 349/18 11.11.2021

Present : Sh. JK Jha, Ld counsel for the appellant.

Sh. Madan Sagar, Ld counsel for the respondent.

Let the copy of status report which has already been filed

be supplied to Ld counsel for appellant.



11.11.2021

A.No. 594/11 11.11.2021

Present : Sh. Hardeep Singh, husband of the appellant.




11.11.2021

A.No. 348/11 11.11.2021

Present : None for the appellant despite court notice.


The appellant has not been appearing in this case and as

per report on court notice the appellant has died.

Hence, the present appeal stands dismissed for non

prosecution and consequently, the impugned order

stands confirmed.



room.


11.11.2021

A.No. 394/11 11.11.2021




Interim orders, if any, to continue till next date.


11.11.2021

A.No. 869/18 11.11.2021

Present : None for the appellant.

Sh. Krishan Keshav, Nodal Officer for the respondent.

Sh. Mahinder Kumar Madan, Ld counsel for applicant.

The appellant has not been appearing in this case.

It is 2.10 pm now.

The appellant does not seem to be interested in pursuing

his case. Hence, the present appeal stands dismissed for

non prosecution and consequently, the impugned order

stands confirmed.



room.


11.11.2021

A.No. 392/21 11.11.2021

Present : Ms. Archana Sharma, Ld counsel for the appellant.

Fresh appeal filed u/s 347 of the DMC Act against the

show cause notice dated 30.07.2021 qua the property

bearing no. WZ-24, Gurdwara Road, Raj Nagar-II, Palam

Colony, Delhi alongwith application for stay and

condonation of delay. Be checked and registered.

Notice of the appeal and applications be issued to the

respondent through concerned Chief Law officer. AE(B)

is directed to be present with the record of the

proceedings, status report and reply on next date.

Be listed for arguments on the application for interim stay

and condonation of delay on 30.11.2021.


11.11.2021

A.No. 20/21 (M) 11.11.2021

File taken up today on an application seeking restoration of the present appeal.

Present : Sh. Sushil Sharma, Ld counsel for the appellant.


An application seeking restoration of the present appeal

has been filed on behalf of appellant.

Issue notice of the application to the respondent for

11.02.2022.


11.11.2021

A.No. 396/21 11.11.2021

Present : Sh. Jairam, Ld counsel for the appellant.

Fresh appeal filed u/s 343 (2) of the DMC Act against the

order of demolition dated 24.08.2020 qua the property

bearing no. B2/188, Paschim Vihar, Delhi alongwith

application for stay. Be checked and registered.

Ld counsel for the appellant submits that the substantial

action qua removal of unauthorized construction has

already been taken by the respondent and today the

action is fixed for further demolition of the property in

question. Ld counsel submits that the copy of sanctioned

building plan is annexed with the appeal filed today and

the existing structure in the property in question is

compoundable.

Notice of the appeal and application be issued to the

respondent through concerned Chief Law officer. AE(B)

is directed to be present with the record of the

proceedings, status report and reply on next date.

Be listed for arguments on the application for interim stay

on 17.11.2021.

Till then status quo shall be maintained qua the

abvoesaid property in question.

Copy dasti.


11.11.2021

11.11.2021 Present : Sh.RY Kalia, Ld counsel for the ...

Documents

Transcript of 11.11.2021 Present : Sh.RY Kalia, Ld counsel for the ...