A.No. 516/18. 27.01.2020 Present : None for appellant. Be...
Transcript of A.No. 516/18. 27.01.2020 Present : None for appellant. Be...
A.No. 516/18. 27.01.2020 Present : None for appellant.
Sh. Sanjay Sethi, Ld. counsel for North DMC.
Be awaited.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 300/17. 27.01.2020 Present : None for appellant.
Applicant in person.
Sh. H.R. Aggarwal, Ld. counsel for North DMC.
Be awaited.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 806/19. 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.
Sh. Aishoni Narain / Sh. Siddhant Gupta / Ms. Anubha
Kaushal / Sh. K.K. Arora / Sh. Madan Sagar and Sh. Tarun
Sabharwal, Ld. counsels for SDMC with AE(B) Sh. Athar
Mustafa.
Vakalatnama filed on behalf of Ms. Anubha Kaushal and Sh.
Tarun Sabharwal, Ld. counsels for respondents.
Status report filed stating that the property in question i.e.
shop no. 15, C-4E, Market Janakpuri, New Delhi stands
booked for unauthorized construction in the shape of
deviation beyond DDA Standard Plan at ground floor and
first floor as per the directions of Monitoring Committee.
This is an appeal against the order of demolition dated
07.12.2019.
Ld. counsel for appellant has pressed the application for
interim stay on the ground that otherwise the appeal will
become infructuous.
The submissions made are that the appellant is the owner
of property in question i.e. shop no. 15, C-4E, Market
Janakpuri, New Delhi which is situated in the Local
Shopping Complex constructed by DDA upto ground floor
and conveyance deed was executed by DDA in favour of
Sh. Dev Raj Girdhar from whom the appellant purchased
the same vide agreement to sell dated 09.02.2000. It is
further stated that the construction on the first floor of the
shop in question was done in the year 2004. It is further
stated that in the impugned order, it has been stated that JE
(B) inspected the property in question and found that the
construction was very old and as per local enquiry it was
constructed in the year 2004. It is further stated that the
construction in the property in question is protected under
NCT of Delhi Laws (Special Provisions) Act, 2011 amended
and extended till 31.12.2000 which provides that no action
for removal or demolition of unauthorized construction which
came up before 08.02.2007 can be taken by either DDA /
MCD or any court till 31.12.2020.
I have heard the Ld. counsel for appellant and perused the
record.
Appellant has placed on record a copy of agreement to sell
executed in his favour. The appellant has also placed on
record copy of property tax returns w.e.f. 2006-2007 in
respect of ground floor and first floor.
In view of the facts and circumstances of the case as no
order of the Monitoring Committee has been placed on
record by the respondent and it has mentioned in the
impugned order that on inspection of site by JE(B) it was
found that property is very old construction and on local
enquiry, it was revealed that it was constructed in the year
2004, Thus, in my view appellant has made out a case for
ad-interim stay, respondent is restrained from taking
demolition action in the property in question shop No.15,
C4E Market, DDA Shopping Complex, Janakpuri, New
Delhi-58 pursuant to impugned demolition order till next
date of hearing.
However, this order is subject to any order passed by the
Hon’ble Supreme Court / Hon’ble High Court / Hon’ble NGT
about 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 five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to 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.
Be listed for filing of status report, record by the respondent
on 03.04.2020.
A copy of the order be given Dasti to Ld. counsels for
parties, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 810/19, 808/19 and 813/19 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.
Sh. Aishoni Narain / Sh. Siddhant Gupta / Ms. Anubha
Kaushal / Sh. K.K. Arora / Sh. Madan Sagar and Sh. Tarun
Sabharwal, Ld. counsels for SDMC with AE(B) Sh. Athar
Mustafa.
Status report filed in appeal No.810/19.
Ld. counsel for respondent seeks time to file status report in
appeal No.808/19 and 813/19.
Ld. counsel for appellant seeks time to file documents to
show that the construction existed in the property in
question prior to the cut of date of 08.02.2007.
Be listed for arguments on 07.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 807/19, 809/19, 811/19 and 812/19 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.
Sh. Aishoni Narain / Sh. Siddhant Gupta / Ms. Anubha
Kaushal / Sh. K.K. Arora / Sh. Madan Sagar and Sh. Tarun
Sabharwal, Ld. counsels for SDMC with AE(B) Sh. Athar
Mustafa.
Status report filed, copy supplied.
Ld. counsel for appellant seeks time to file documents to
show that the construction existed in the property in
question prior to the cut of date of 08.02.2007.
Be listed for further proceedings on 07.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 01/19 and 02/19. 27.01.2020 Present : Sh. Manish Kumar, AR of the appellant with Ld. counsel,
Sh. Gaurav Jain.
Sh. Sanjay Sharma, Ld. counsel for New Delhi Municipal
Council with Sh. Ashok Kumar, Nodal Officer.
At request of Ld. counsel for appellant, adjourned for
moving an appropriate application before the Monitoring
Committee to 13.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 690/19. 27.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Ld. counsel for respondent seeks time to file status report
and record.
Ld. counsel for appellant states that application has been
moved for regularization, status report of the same be also
filed on the next date.
To come up for arguments on 24.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 386/19. 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. H.R. Aggarwal, Ld. counsel for EDMC with Sh. S.K.
Jain, AE(B).
Sh. N. D. Patel, Ld. counsel for applicant.
At request of Ld. counsel for appellant, adjourned for reply
and arguments on the application under Order 1 Rule 10
CPC to 01.04.2020.
Interim order, if any, to continue till next date
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 332/18. 27.01.2020 Present : Sh. Sunil Kumar Mehra, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for SDMC.
Sh. Irfan Reyaz, Ld. counsel for respondents no.2 and 3.
Ld. counsel for appellant seeks three weeks time to file
documents with advance copy to the opposite side.
To come up for final arguments on 15.05.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 675/19. 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh.
S.K. Jain, AE(B).
Record be deposited in the Registry.
To come up for final arguments on 01.04.2020.
AE(B) to be present on the date fixed.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 637/17. 27.01.2020 Present : Sh. Gaurav Nigam, Ld. Proxy counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Sh. Rajesh Pandey, Ld. counsel for applicant.
At request of proxy counsel for appellant, adjourned for final
arguments to 04.05.2020 as the main counsel is not
available since his wife has met with an accident.
Interim order, if any, to continue till next date
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 50/18. 27.01.2020 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.
Sh. H.R. Aggarwal,Ld. counsel for North DMC.
Vakalatnama filed on behalf of respondent
Ld. counsel for respondent seeks more time to file status
report regarding verification of affidavit of appellant qua the
existing construction.
Show cause notice be issued to AE(B) as he is absent
despite being directed to be present today.
Be listed for further proceedings on 25.03.2020.
Interim order, if any, to continue till next date
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 149/15. 27.01.2020 Present : Appellant with Ld. counsel, Sh. Amit Bhatia.
Sh. Sanjay Sethi, Ld. counsel for North DMC with Sh.
Rakesh Brijwasi, AE(B).
Status report filed stating that non-compoundable deviations
measuring 19.07 sq.mtrs. existed at ground floor of the
property in question which is required to be demolished.
Copy supplied.
Ld. counsel for appellant seeks three weeks time to
demolish the same.
Respondent to further file the status report regarding the
same.
Be listed for further proceedings on 16.03.2020.
AE(B) to be present on the date fixed.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 559/19. 27.01.2020 Present : Sh. Rohit Oberoi, Ld. counsel for appellant.
Sh. Mohit Sharma, Ld. counsel for SDMC.
Status report filed, copy supplied.
An application moved on behalf of appellant u/s. 151 CPC.
To come up for reply and arguments on the application on
24.03.2020.
Interim order, if any, to continue till next date.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 604/19. 27.01.2020 Present : Sh. Akbar Siddiqui, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for SDMC.
Status report filed stating that the shortcomings in respect of
regularization was sent to the applicant / appellant through
speed post, copy of the dispatch register has also been filed
alongwith tracking report of the service. Copy supplied.
Ld. counsel for appellant seeks time to file objections.
Be listed for arguments on 01.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 712/19. 27.01.2020 Present : Sh. Manish Sharma, Ld. Proxy counsel for appellant.
Sh. Sagar Dhama, Ld. counsel for EDMC.
Vakalatnama filed on behalf of respondent.
Certified copy of the impugned order has been filed.
Status report filed, copy supplied.
At request of proxy counsel for appellant, adjourned for
arguments to 08.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 329/18 and 330/18. 27.01.2020 Present : Appellants no.1 and 3 in person.
Sh. V.K. Aggarwal, Ld. proxy counsel for SDMC with Sh.
Lalit Gupta, AE(B).
Respondent no.2 with Ld. counsel, Sh. Madhukar Bansiwal.
Status report filed stating that as per record, the corrected
regularization has not been submitted by the applicants. It
is further stated that on inspection of the site, it has been
found that owner has carried out deviations and excess
coverage against the regularization plan submitted with
regularization application, therefore regularization plan
cannot be released.
Appellants no. 1 and 3 state that the regularization plan has
been handed over by them to respondent no.2.
At request of appellants no.1 and 3 and respondent no.2,
adjourned for filing reply to status report arguments to
07.04.2020.
AE(B) to be present on the date fixed.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 205/13. 27.01.2020 Present : Sh. Madhukar Bansiwal, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for SDMC with Sh.
Lalit Gupta, AE(B).
Respondent no.2 and 3 in person.
Status report filed in connected appeal
Ld. counsel for appellant seeks time to file objections.
Be listed on 07.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 688/19. 27.01.2020 Present : Sh. Kailash Sharma, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Vakalatnama filed on behalf of respondent.
Status report has been filed stating that the property in
question was sealed pursuant to the directions of Hon’ble
Supreme Court in Writ Petition in M.C. Mehta Vs UOI,
(2004) 6 SCC 588. It is further stated that as per record
provided by DSIIDC, alternative industrial plot has been
allotted against the property in question and during
inspection an industrial unit was found running in the
premises in violation of the orders of Hon’ble Supreme
Court. It is further stated that as per the directions of
Hon’ble Supreme Court reported in M.C. Mehta Vs. UOI
none of the 21960 industrial units should be allowed to be
reopened without the permission of Hon’ble Supreme Court.
Copy supplied.
Adjourned for arguments on the maintainability of the
appeal to 13.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 501/13 27.01.2020 Present : Sh. Sumit Rana, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
At request of Ld. counsel for appellant adjourned for filing
brief synopsis and final arguments to 18.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 754/18 and 755/16 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. V.K. Aggarwal / Sh. Dharamvir Gupta, Ld. counsel for
MCD.
At request of Ld. counsel for appellant adjourned for filing of
brief synopsis and final arguments to 05.05.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 903/13 and 906/13 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
At request of Ld. counsel for appellant adjourned for filing
brief synopsis and final arguments to 18.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 362/19 27.01.2020 Present : Ms. Deepmala, Ld. counsel for appellant.
Sh. Utraksh Sharma, Ld. proxy counsel for MCD.
Documents/receipt of payment of misuse charge amounting
to Rs.39,398/- filed on behalf of the appellant,, copy
supplied.
Ld. counsel for appellant seeks time to file documents of
ownership.
To come up for final arguments on 17.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 902/16 and 923/16 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Final arguments partly heard.
At request of Ld. counsel for respondent be listed for filing of
brief synopsis and further final arguments on 10.02.2020.
Interim order, if any, to continue till next date.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 1064/17 27.01.2020 Present : Sh. S.N. Sharma, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Ld. counsel for respondent seeks time to file further status
report as to how many commercial units are permissible in
the property in question and also the area of the permissible
units.
To come up on 10.02.2020 for final arguments.
A copy of order be given dasti to the Ld. counsel for
respondent, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 423/18 27.01.2020 Present : Sh. Ankur Gupta, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Ld. counsel for appellant seeks adjournment as main
counsel has undergone surgery.
To come up for final arguments on 21.05.2020.
Interim order, if any, to continue till next date.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 661/18, 662/18, 663/18, 664/18 and 665/18 27.01.2020 Present : Sh. Dalip Rastogi, Ld.proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for MCD.
At joint request adjourned for filing brief synopsis and final
arguments on 18.05.2020 as Ld. counsel for parties are not
available.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 557/19 27.01.2020 Present : Sh. S.K. Verma, Ld. counsel for appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. Rajesh
Kumar Mangal, L.I.
Vakalatnama filed on behalf of respondent.
Status report filed starting that property in question is not a
subject matter of affidavit filed by the Ld. Commissioner,
MCD before the Hon’ble Supreme Court in Writ Petition (C)
No. 4677/1985 titled M.C. Mehta Vs UOI. It is further stated
that penalty amounting to Rs.3,66,521/- is to be paid by the
appellant.
Ld. counsel for appellant seeks time to pay the penalty.
To come up on 06.03.2020 for final arguments.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 920/18 27.01.2020 Present : Appellant in person.
Sh. Sanjay Sethi, Ld. counsel for respondent with Sh. Amar
Singh, AE(B).
Reply filed on behalf of respondent to the application moved
on behalf of appellant, copy supplied.
An application moved for withdrawal of the appeal.
At request of the appellant adjourned to 26.02.2020 for
further proceedings.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 706/19 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Ashutosh Gupta, Ld. counsel for MCD.
Ld. counsel for respondent states that the status report qua
the details of existing construction furnished in the affidavit
of the appellant would be filed during the course of the day.
To come up for final arguments on 01.05.2020.
Interim order, if any, to continue till next date.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
2.15 p.m. 27.01.2020
At this stage Sh. Manoj Kumar, Ld. proxy counsel for
respondent appeared and filed status report, the same be
taken on record.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 1140/15 and 1141/15 27.01.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for the appellant.
Sh. Nitin Shokeen Ld. proxy counsel for SDMC.
At joint request adjourned for final arguments to 28.05.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 739/18 27.01.2020 Present : Sh. Akarsh Bhalla, Ld. proxy counsel for appellant.
Ms. Sudesh Sharma, Ld. counsel for MCD.
At request of Ld. proxy counsel for appellant adjourned for
final arguments to 15.05.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 331/19 27.01.2020 Present : Sh. R.K. Bhardwaj, Ld. Counsel for the appellant.
S. Adil Hussain Ld. counsel for MCD.
Status report filed, copy supplied.
Ld. counsel for appellant seeks time to file objections.
To come up for final arguments on 27.04.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 718/13 27.01.2020 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
As none has appeared for appellant, to come up for further
proceedings / final arguments on 29.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 647/14 27.01.2020 Present : Appellant in person.
Sh. Nitin Shokeen, Ld. proxy counsel for MCD.
At request of Ld. proxy counsel for respondent adjourned for
final arguments to 05.05.2020 as main counsel is not
available today.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 862/16 27.01.2020 Present : Sh. Milan Sharma son of the appellant.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
.
Appellant seeks adjourned as his counsel is not available.
To come up for final arguments on 28.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 155/17 and 156/17
27.01.2020 Present : Sh. Anuj Garg, Ld. Counsel for the appellant.
Sh. Nitin Shokeen Ld. proxy counsel for SDMC.
Written submissions filed on behalf of respondent, copy
supplied.
Ld. counsel for appellant seeks time to file brief synopsis.
To come up for final arguments on 17.04.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 747/17 27.01.2020 Present : Sh. B. Sharma, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. counsel for respondents states that he has not received
the copies of documents filed by appellant.
Ld. counsel for appellant seeks time to supply the
documents of title to Ld. counsel for respondent within a
week.
To come up for final arguments on 25.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 205/16 and 972/16 27.01.2020 Present : Sh. Dalip Rastogi, Ld. proxy counsel for appellant with
father of appellant Sh. Prem Parkash.
Sh. Shashikant Sharma, counsel for SDMC.
It is submitted by Ld. proxy counsel for appellant that written
submissions have been filed.
Final arguments heard.
Be listed for orders on 11.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 549/17 27.01.2020 Present : Shri Manish Kumar, Ld. Counsel for the appellant .
Shri Madan Sagar, Ld. counsel for the respondent .
Ld. Counsel for the appellant seeks time to file brief
synopsis.
To come up for final arguments on 17.03.2020.
Interim orders, if any, to continue till next date of hearing
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 60-SCM/13 27.01.2020 Present : Shri Amit Sethi, Ld. Counsel for the appellant.
Shri Nilesh Sahani, Ld. counsel for the respondent.
Final arguments partly heard.
Ld. Counsel for the appellant seeks time to file documents
regarding authorization of M.D. of the appellant to file
affidavit.
Be listed for final arguments on 25.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 180/19 27.01.2020 Present : Shri Nitin Ahllawat, Ld. Counsel for the appellant.
Sh. Shashikant Sharma, counsel for respondent.
Ld. Counsel for the appellant seeks time to file reply to the
application moved by appellant. under section 151 CPC.
Be listed for reply and arguments on the application on
26.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 516/18 27.01.2020 Present : None for appellant.
Shri Robin Singh, Ld. proxy counsel for the respondent .
None has appeared on behalf of the appellant despite
several calls since morning. Even on the previous 2 dates
of hearing, none had appeared for the appellant. The appeal
accordingly stands dismissed in default and for non-
prosecution. Resultantly, the impugned order dated
05.12.2017 is confirmed. Respondent is at liberty to take
action in the property in question in accordance with law.
The AE(B) to file action taken report before the Deputy
Commissioner concerned.
The file of the department, if any, be returned to the
respondent along with copy of this order.
File be consigned to record room.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 300/17 27.01.2020 Present : Shri Danish Kumar, Son of appellant.
Sh. H.R. Aggarwal, Ld. Counsel for respondent..
At request of son of appellant, adjourned for final arguments
to 25.02.2020 as his counsel is not available today.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 11/20 and 12/20 27.01.2020 Present : Shri A.H. Khan, Ld. Counsel for the appellant .
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
Memo of appearance filed on behalf of respondent. \
Status report filed, copy supplied.
Ld. Counsel for the appellant seeks time to file documents
of title.
To come up for arguments on the application for interim stay
on 13.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 40/18 27.01.2020 Present : Shri Prashant Sharma, Ld. proxy Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Request is made for adjournment as main counsel not
available due to marriage in his family. Last opportunity
granted for final arguments on 18.05.2020.
Interim orders, if any, to continue till next date of hearing
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 02/20 27.01.2020 Present : Sh. B.S. Saini, Ld. Counsel for the appellant.
File taken up on an application moved u/s 151 CPC.
Notice be issued to the respondent for 29.01.2020.
Process be given dasti, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 45/20 27.01.2020 Present : Sh. B.S. Saini, Ld. Counsel for the appellant.
Fresh appeal u/s 343 (2) of the DMC Act against the order
of demolition Dated 15.09.2017 filed alongwith application
for stay and condonation of delay. Be checked and
registered.
Let notice of the appeal and applications be issued to the
respondent through concerned Chief Law officer. AE(B) is
directed to appear in person alongwith entire record of the
proceedings, status report and reply of the appeal on date
fixed.
Be listed for arguments on the application for stay and
condonation of delay on 29.01.2020.
Process be given dasti as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 40/20 27.01.2020 Present : Appellant with Ld. counsel Sh. Ajit Kumar.
Fresh appeal u/s 347-B of the DMC Act against the sealing.
Ld. counsel for appellant st ates that sealing order has not
been supplied by the respondent. Be checked and
registered.
Let notice of the appeal be issued to the respondent through
concerned Chief Law officer. AE(B) is directed to appear in
person alongwith entire record of the proceedings, status
report and reply of the appeal on date fixed.
Be listed on 12.02.2020.
Process be given dasti, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 44/20 27.01.2020 Present : Sh. Amit Chaudhary, Ld. Counsel for the appellant.
Fresh appeal u/s 347-B of the DMC Act against the sealing.
Ld. counsel for appellant states that sealing order has not
been supplied by the respondent. Be checked and
registered.
Let notice of the appeal be issued to the respondent through
concerned Chief Law officer. AE(B) is directed to appear in
person alongwith entire record of the proceedings, status
report and reply of the appeal on date fixed.
Be listed on 18.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 48/20 27.01.2020 Present : Appellant with Ld. counsel Sh. Devender Mor.
Fresh appeal u/s 343(2) of the DMC Act against the sealing.
Ld. counsel for appellant states that despite several request
made by the appellant respondent has not supplied copy of
the order. Be checked and registered.
Let notice of the appeal be issued to the respondent through
concerned Chief Law officer. AE(B) is directed to appear in
person alongwith entire record of the proceedings, status
report and reply of the appeal on date fixed.
Be listed for arguments on the application for condonation of
delay and stay on 04.02.2020.
Process be given dasti, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 38/15 and 167/15 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
Sh. Rambir Chauhan, Ld. counsel for applicant.
Ld. counsel for applicant seeks time to file documents.
At request adjourned for arguments on application under
order 1 Rule 10 CPC to 21.04.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 408/19 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Sh. Lalkit Sharma, Proxy counsel for applicant.
An application has been moved for amendment of the
appeal.
It is stated that due to typographical error date of impugned
order has been wrongly mentioned in the prayer clause of
the appeal as 16.04.2019 instead of 26.11.2018. It is stated
that necessary amendment be allowed in para 4, 6 and in
the prayer clause of the appeal.
Application is not opposed, the same stands allowed.
Ld. counsel for appellant seeks time to file amended appeal
and also seeks time to file reply of the application under
order 1 Rule 10 CPC.
To come up for arguments on the application under order 1
Rule 10 CPC on 17.04.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020
A.No. 407/19 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Sh. Lalit Sharma, Proxy counsel for applicant.
Be listed for fling of amended appeal and final arguments on
17.04.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 27.01.2020