Be awaited till 1.00 pm. (POONAM CHAUDHARY) AD&SJ-cum-P.O...

M. in No. 12/14. 09.10.2019 Present : None for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

Sh. R.N. Oberoi, Ld. counsel for respondents no.2 and 3.

Status report filed, copy supplied.

As none has appeared for appellant, be awaited till 12.00

pm.

(POONAM CHAUDHARY) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 09.10.2019

09.10.2019. 2.45PM Sh. Mohit Sharma, Ld. counsel for SDMC.

Sh. R.N. Oberoi, Ld. counsel for respondents no.2 and 3.


None has appeared on behalf of the appellant. Respondent

is directed to take necessary steps for comlpliance of order

dated 07.11.2017 for recovery of the cost from the appellant

in accordance with law.

Be listed for further proceedings on 08.01.2020.



M.No. 68/17. 09.10.2019 Present : None for appellant.

Ms. Babita Kaushik, Ld. counsel for New Delhi Municipal

Council.

Be awaited till 1.00 pm.



A.No. 232/19. 09.10.2019 Present : Sh. D.D. Joshi, Ld. counsel for appellant.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.

Ld. counsel for respondent seeks time to file status report

regarding verification of affidavit of appellant qua details of

existing construction.

Be listed for filing of status report on 31.10.2019.

Interim orders to continue till next date of hearing.



A.No. 484/19. 09.10.2019 Present : Sh. D.D. Joshi, Ld. counsel for appellant.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.

Arguments partly heard on the application for interim stay.


In view of averments made in the appeal that appellant has

challenged the impugned notice dated 27.09.2017, and

notice dated 02.04.2018 vide Appeal No. 231/19, which was

withdrawn, the file of said appeal be tagged with this file by

registry.

Be listed for arguments on the application for stay on

31.10.2019.



A.No. 667/18. 09.10.2019 Present : Appellant with Ld. counsel, Sh. Nitish Ojha.

Sh. Pritish Sabharwal, Ld. counsel for SDMC.

Ld. counsel for appellant has pointed out the order of

Hon’ble High Court passed in LPA no. 295/19 titled Shankar

Gupta Vs. SDMC whereby the Hon’ble High Court vide

order dated 03.05.2019 directed that the appeal be decided

at the earliest and in any event not later than two months

thereafter from the date of hearing before this Tribunal

which was 02.07.2019.

The delay had occured due to the non filing of status report

by the respondent.

An application moved on behalf of respondent for waiver of

cost.

I have heard and considered the submissions made, there

is no justifiable ground to wave the cost, the application is

dismissed.

More time is sought to file status report.

EE(B) concerned to be present with status report .

Be listed for arguments on 1710.2019.



A.No. 744/18, 745/18 and 746/18. 09.10.2019 Present : Sh. Avishek Kumar, Ld. counsel for appellant.

Sh. V.K. Aggarwal and Sh. Anil Mishra, Ld. Counsels for

EDMC.

Ld. counsel for respondent states that the appeal is time

barred. It is further stated that no document has been filed

in support of the submissions made in the application for

condonation of delay that the appellant was confined to bed

which led to the delay in filing of appeal.

At request of Ld. counsel for appellant, adjourned for

arguments on the application for condonation of delay and

filing of authorization by A.R. of appellant to 13.01.2020.



A.No. 411/17. 09.10.2019 Present : None for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC.

As none has appeared for the appellant, be listed for further

proceedings / final arguments on 22.01.2020.



A.No. 619/18, 1050/16, 1065/16, 759/17, 273/17 and 274/17. 09.10.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

Ld. counsel for respondent seeks more time to file status

report regarding verification of affidavit of appellant

regarding existing construction. It is stated that the status

report could not be filed since concerned JE(B) has been

transferred.

Be listed on 13.12.2019.

AE(B) to be present on the date fixed with report.

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



A.No. 583/18 and 175/18. 09.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC.

Status report filed stating that the regularization application

has been rejected for non-compliance of IN and for non-

submission of complete chain of ownership documents.

At request of Ld. counsel for appellant, adjourned for final

arguments to 20.12.2019.



A.No. 1197/13 and 376/14. 09.10.2019 Present : Sh. Manish Tanwar, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for North DMC.

Sh. Ankit Kumar, Ld. Proxy counsel for DDA.


At request of Ld. counsel for appellant, be listed for final

arguments on 19.12.2019.



A.No. 357/19. 09.10.2019 Present : Sh. Atul Singh, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for DDA with AE(B), Sh.

Mahipal singh.

Status report filed stating that regularization application has

been rejected, copy supplied.

Ld. counsel for appellant states that in Writ Petition no.

10477/2019 filed by the appellant titled Manju Aggarwal Vs.

DDA, Hon’ble High Court had directed DDA / respondent

therein to file status report on the regularization application

of appellant and opinion of expert concerning the fact that

extension of balconies has rendered them dangerous It is

stated that the opinion of expert has not been filed,

Be listed for filing of the same and arguments on application

for interim stay on 16.10.2019.

A copy of order be given Dasti to Ld. counsel for respondent

as prayed for.



A.No. 350/19. 09.10.2019 Present : Ms. Radha Singh, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for SDMC.

Status report filed stating that application for re-opening of

regularization file is pending consideration as there are

some shortcomings which have not yet been complied.

Ld. counsel for appellant states that she has not received

any letter for compliance of IN, the same be supplied to the

appellant.

Be now listed for filing of status report / further proceedings

on 06.02.2020.




A.No. 243/19. 09.10.2019 Present : Sh. Narveer Dabas, Ld. counsel for appellant.

Ms. Anubha Kaushal, Ld. counsel for SDMC.

Ld. counsel for respondent seeks further time to file status

report regarding the verification of affidavit of appellant qua

details of existing construction.

EE(B) to be present on the next date with status report.





A.No. 564/18 and 396/18. 09.10.2019 Present : Appellant with Ld. counsel, Sh. Bharat Bhushan Jain.

Sh. Shashikant Sharma, counsel for SDMC with Sh. Krishan

Kaushik, LI.


Ld. counsel for appellant states that the appellant intends to

use the property in question for residential purposes, he

seeks more time to file the affidavit in this regard.




A.No. 475/18. 09.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Ms. Sarita Gaur, ALO for North DMC.

Ld. counsel for appellant states that the rectification plan

has been submitted to the respondent on 09.09.2019 for

installation of a lift.

It is to be noted that on the previous date of hearing, the

respondent had submitted that the application for

rectification would be decided within a week and the

decision would be communicated to the appellant.

However, Ld. counsel for appellant states that no such

decision has been communicated to him till date.

Ld. counsel for appellant states that until and unless his

rectification application is decided, he cannot carry out the

rectifications, since a lift is to be installed in the property in

question.

EE(B) to be present on the next date with the report.

In case the report is not filed on the next date, Dy.

Commissioner to be present on the next date.


Ms. Sarita Gaur, ALO is directed to be present on the date

fixed.



A.No. 549/19 09.10.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Sagar Dhama, Ld. counsel for EDMC with Sh. Sandeep

Kumar Jain, AE(B).

Fresh Vakalatnama filed on behalf of the respondent.

1. Time is sought to file status report and record.

2. This is an appeal against the order of sealing dated

15.07.2019.

3. Ld. Counsel for appellant has pressed the application

for ad-interim stay on the ground that otherwise appeal will

become infructuous. The submissions made are tha the

appellant is the owner of the plot bearing no. F-52,

measuring 70 sq. yds. (East Side), Gali no.10, Brahampuri,

Delhi-110053, the same is ancestral and devolved upon the

appellant upon the death of his father. It is further alleged

that the entire construction in the property existed since

prior to 08.02.2007. It is also alleged that the property is

situated in the unauthorized regularized colony and has

been regularized by MCD. It is further stated that the

impugned demolition order has been passed without

considering the reply of the appellant. It is also alleged that

it is stated in the impugned order that no reply was received

whereas infact the appellant had filed reply to the same. It is

further stated that no unauthorized construction has been

raised by appellant. It is further alleged that property is

protected by the National Capital Territory of Delhi Laws

(Special Provision) Act, 2011. The property has been

assessed to House-tax since the year 2000.

4. It is further stated that as per show cause notice

issued by Quasi Judicial Authority and the sealing order the

property is an old and occupied one. It is further stated that

no show cause notice or sealing order was served upon the

appellant. It is further stated that interim protection had been

granted by this Tribunal in the appeal filed against the

demolition order in respect of ground floor of the property in

question. The Appellate Court had granted interim

protection in respect of the first and second floor of the

property in question.

5. Heard, keeping in view the submissions made as

time is sought to file the record by respondent, in the facts

and circumstances of the case and considering that the

property was assessed to House-tax since the year 2000, I

am of the view that appellant has made out the case for ad-

interim stay. Respondent is restrained from taking coercive

action in the property in question bearing No. F-52, (East

Side), Gali No.10, brahampuri, Delhi till next date of hearing,

pursuant to the impugned sealing order dated 15.07.2019.

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

the Hon’ble Supreme Court/Hon’ble High Court in respect of

the property in question.

6. Appellant is directed to file affidavit giving details of

construction with measurement 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.

7. 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.

8. 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.

9. Be listed for arguments on 17.12.2019.

10. A copy of the order be given dasti to Ld. Counsel for

parties, as prayed for.




Ms.Babita Kaushik Ld. counsel for New Delhi Municipal

Council.

Be awaited at 1.00 PM.



09.10.2019. 1.00 PM. Present : None for appellant.

None for respondent.

Court notice be issued to the appellant to deposit the cost

in compliance of order dated 23.08.2017.




A.No. 572/19,573/19,574/19 and 575/19. 09.10.2019 Present : Ms. Bandana, Ld. Counsel for the appellant.

Ms. Nagina Jain, Ld. counsel for the respondent.

Shri Utkarsh Sharma, Ld. counsel for the respondent .

Shri S.K. Gupta, AE(B).

Fresh Vakalatnama filed on behalf of the respondent.

Status report filed in appeal No.572/19 and 573/19, copy

supplied.

Record be deposited with the Registry within three days.

To come up for arguments on the application for interim stay

on 16.10.2019.



M in A.No. 593/18. 09.10.2019 Present : None for appellant.

Shri Rameez Abbas, Nodal Officer.

AE (B) concerned is directed to submit the action taken

report before Dy. Commissioner concerned who will ensure

the compliance of the impugned order.

The file of the department, if any, be returned to the

respondent along with copy of this order.

File be consigned to record room.



A.No. 1075/16 09.10.2019 Present : None for appellant.

Shri Rameez Abbas, Nodal Officer.

AE (B) concerned is directed to submit the action taken

report before Dy. Commissioner concerned who will ensure

the compliance of the impugned order.

The file of the department, if any, be returned to the

respondent along with copy of this order.




A.No. 1037/16 and 1054/16. 09.10.2019 Present : Appellant in person.

Sh.Abhished Kaushik, Ld. counsel for the respondent.

Request is made for adjournment by appellant as his

counsel is busy in Saket Court.

To come up for final arguments on 12.02.2020.





Ms. Manjusha Jha, Ld. counsel for the respondent.

As none has appeared on behalf of the appellant, be listed

for further proceedings on 30.01.2020.



A.No. 1190/15 09.10.2019 Present : Shri Dalip Rustogi, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

At request of Ld. Counsel for the appellant , adjourned for

filing of brief synopsis and final arguments to 10.02.2019.




A.No. 607/14,969/16, and 138/17. 09.10.2019 Present : Shri Dalip Rustogi, Ld. Counsel for the appellant.

Shri Amit Kumar,Ld. proxy counsel for the respondent .

Shri Tarun Sabharwal, Ld. counsel for the respondent

Ld. Counsel for the appellant states that excess coverage in

the property in question is only 2-3 mt. which is

compoundable. The appellant is willing to pay the

compounding charges in this regard.

The status report be filed by the respondent.

Concerned AE(B) is to be present with status report on next

date of hearing.

To come up on filing of status report on 15.11.2019.

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



A.No. 612/17. 09.10.2019 Present : Shri Sanjay Kumar, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Ld. Counsel for the appellant states that misuse

charges/penalty charges has been deposited.

Ld. counsel for the respondent seeks time to verify the

same.

The concerned Official to be present on the next date of

hearing.

Be listed for final arguments on 04.12.2019.



A.No. 233/16,148/18,166/18. 09.10.2019 Present : Shri S.K. Tiwari, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

Shri Desh Raj, Ld. counsel for applicant.

An application moved under order XXXIX Rule 7 read with

order XXVI Rule 9 and 10 and section 151 of the CPC on

behalf of the applicant, copy supplied.

To come up for reply and arguments and reply on the

application under order XXXIX Rule 7 read with order XXVI

Rule 9 and Order 1 Rule 10 CPC on 06.12.2019.



A.No. 718/13. 09.10.2019 Present : Ms. N. Sehar, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal, Ld. proxy Counsel for respondent.

At joint request, adjourned for final arguments to

27.01.2020.



A.No. 762/13. 09.10.2019 Present : Ms. Mahima Dayani, Ld. Counsel for the appellant.

Ms. Nagina Jain, Ld. counsel for the respondent.

Ld. Counsel for the appellant seeks time to file objections to

the status report regarding the calculation of misuse

charges/penalty.





Ms. Manjusha Jha, Ld. Counsel for the respondent.

Shri B.N. Gupta, Ld. counsel for applicant.

Shri Surender Goel, Ld. counsel for applicant.

Ld. counsel for the respondent states that appellant has not

supplied complete chain of title documents, the same be

supplied within a week.

Be listed for arguments on the application under order 1 rule

10 CPC on 28.01.2020 at request of appellant.




A.No. 821/14. 09.10.2019 Present : Shri Mayank Bhargav, Ld. Counsel for the appellant.

Shri Abhishek Kaushik, Ld. Counsel for the respondent.

Shri Sanjiv Ralli , Ld. counsel for respondent No. 2.

Objections have been filed by appellant to the status report

of MCD regarding misuse charges payable.

Documents filed on behalf of respondent No. 2. Ld. counsel

for respondent No.2 states that an application moved by

respondent No. 2 for appropriate directions is pending.

Ld. counsel for the appellant and respondent No.1 state that

they have not received the copy of the same, the same be

supplied.

Be listed for reply and arguments on the application filed on

behalf of respondent No. 2 and final arguments on

08.01.2020.



A.No. 906/18. 09.10.2019 Present : Shri S. Goel, Ld. proxy Counsel for the appellant.

Shri Ranjit Pandey, Ld. counsel for the respondent.

Shri Amitabh Marwah, Ld. counsel for applicant.

At request of Ld. Proxy counsel for appellant, adjourned for

arguments on the application under Order 1 Rule 10 CPC

on 18.12.2019.




A.No. 814/18. 09.10.2019 Present : Appellant with Shri Rajesh Verma , Ld. Counsel for the

appellant.


This is an appeal against sealing order dated 25.10.2017

passed by Dy. Commissioner Shahdara (South) Zone for

violation of Section 416/416 of DMC Act 1957.

Ld. Counsel for the appellant states that the appellant

wishes to withdraw the appeal with liberty to institute

appropriate proceedings in accordance with law. Statement

of the appellant recorded.

The appeal stands dismissed as withdrawn with liberty to

file appropriate proceedings in accordance with law.




A.No. 594/15 09.10.2019 Present : Appellant in person.

Shri Harshit Thakur, Ld. counsel for the respondent.

More time is sought 6to file status report of the

regularisatjion application.

Show cause notice be issued to AE(B) concerned as he is

absent despite directions to be present todlay.

Dy. Commissioner concerned to be present on next date of

hearing in case status report is not file.

To come up for filing of report on 23.01.2020.



A.No. 569/18 and 240/18. 09.10.2019 Present : None for appellant.


As none has appeared on behalf of the appellant, be listed

for further proceedings on 20.12.2019.



A.No. 282/11. 09.10.2019 Present : Shri G.R. Verma, Ld. Counsel for the appellant.

Shri Utkarsh Sharma, Ld. proxy counsel for the respondent.

Ms. Binney, Ld. counsel for Monitoring Committee.

At request of Ld. proxy counsel for the respondent,

adjourned for final arguments to 03.12.2019 as main

counsel is not available today.

Status report be filed by the Monitoring Committee in case

the same has not been filed.

Be listed for arguments on 03.12.2019.



A.No. 903/18. 09.10.2019 Present : Appellant with Ld. counsel Shri Manish Jain.

Shri Harshit Thakur, Ld. counsel for the respondent.

Shri S.K. Gupta, AE(B).


Ld. Counsel for the appellant seeks time to file reply to the

status report.

To come up for final arguments on 23.01.2020.




A.No. 238/19 and 239/19. 09.10.2019 Present : Shri K.B. Gupta, Ld. Counsel for the appellant.

Shri Savinder Singh, Ld. counsel for the respondent.

Shri Rishab Sharma, Ld. proxy counsel for the respondent.

At request of Ld. proxy counsel for the respondent

adjourned for final arguments to 06.02.2020.

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



A.No. 333/19 09.10.2019 Present : Sh. Mahesh Chand Sharma, Ld. counsel for appellant.

Ms. Manjusha Jha, Ld. counsel for EDMC.

Ld. counsel for appellant seeks more time to file documents

to show that the construction in the property in question

exists prior to 08.02.2007.

To come up for arguments on the application for stay on

20.11.2019.



A.No. 291/19 09.10.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

Sh. Manish Kumar, Ld. proxy counsel for respondent.

1. This is an appeal against the order of demolition

dated 22.04.2019. 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 No.B-

11/8175, DDA Flat Vasant Kunj, New Delhi-110070 and has

been paying property tax for the extended portion in the

property in question. It is further stated that one Bijyalaxmi

Mishra filed civil suit against the unauthorized construction

raised by the occupant of flat No.8169, Sector-B, Pocket-11,

Vasant Kunj, New Delhi titled Bijaylaxmi Vs Rameti

Srivastava & Ors. The respondent /MCD had filed a status

report in the said civil suit in respect of the said flat No.

8169, Sector-B, Pocket-11, Vasant Kunj, New Delhi.

2. It is further stated that as a counter blast to the above

suit, owner of flat No. 8169, Sector-B, Pocket-11, Vasant

Kunj, New Delhi filed a Writ Petition before the Hon’ble High

Court regarding unauthorized construction in the flat of the

appellant titled Nirmala Kumar Vs SDMC which was

disposed off vide order dated 08.02.2019, with the

observations that in compliance of the order of Hon’ble

Supreme Court in the Writ Petition (C) No. 4677/1985 titled

M.C. Mehta Vs UOI , the DDA has constituted a Special

Task Force to comprehensively address violations of the

provisions of the Unified Building Bye Laws and Master Plan

of Delhi 2021 for monitoring construction activities in Delhi

and fixing responsibility in case of violations of Unified

Building Bye Laws and MPD-2021, while disposing of the

above Writ Petition liberty was given to the parties was

given to approach the Special Task Force. It is to be noted

that the appellant was one of the respondent in the said Writ

Petition.

3. Admittedly respondent had sent a show cause notice

to the appellant which was duly replied, personal hearing

was also afforded to the appellant. Thereafter respondents

issued the impugned order directed the appellant to remove

the unauthorized construction.

4. It is also submitted by Ld. counsel for appellant that

no unauthorized construction has been carried in the

property in question after 2007. It is also stated that

property in question is protected under NCT of Delhi Laws

(Special Provisions) Act, 2011 as amended from time to

time and extended till 31.12.2020.

5. Ld. counsel for appellant further submitted that the

flat in question was booked pursuant to civil suit filed by

Bijaylaxmi Mishra titled Bijaylaxmi Mishra V Rameti CS

No.431/18 as mentioned in the impugned demolition order

but respondent/ MCD has not filed the copy of the order of

said suit pursuant to which the property of appellant was

booked.

6. Heard, I have perused the impugned order which

states that consequent to the institution of case titled

Bijaylaxmi Vs Rameti CS/431/18 the property in question

was inspected and unauthorized construction was found

therein. Keeping in view the directions of the Hon’ble High

Court passed in Writ Petition No.2509/2018 Ms. Nirmala

Kumar Vs. SDMC dated 08.02.2019. The appellant was

directed to approach the Special Task Force as there were

allegations and counter allegations regarding unauthorized

construction. In view thereof, in my view, no ground is

made out to grant interim stay, the application for interim

stay stands dismissed.

7. Be listed for final arguments on 16.01.2020.

8. Copy of the order be given dasti to the parties, as

prayed for.




Sh. Arun Yadav, Ld. counsel for respondent.
































Petition.


















booked.















prayed for.




Sh. S.P. Sharma, Ld. proxy counsel for respondent.
































Petition.


















booked.















prayed for.



A.No. 917/18 09.10.2019 Present : Ms. Chhavi Luthra, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for MCD.

Sh. Praveen Goswami, Ld. proxy counsel for applicant.

Ld. counsel for appellant states that the copy of the

application under order 1 Rule 10 has not been supplied as

such reply could not be filed. The same be supplied today.

Be listed for reply and arguments on the said application

and arguments on the application for condonation of delay

on 10.01.2020.



A.No. 200/19 & 201/19 09.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for respondent.


At request of Ld. counsel for appellant be listed for final

arguments on 02.12.2019.



A.No. 194/17 & 299/17 09.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Abhishek Kaushik, Ld. counsel for respondent.

Sh. S.K. Nanda, Ld. counsel for applicant.

At request of Ld. counsel for appellant to come up for reply

and arguments on the application under order 1 Rule 10

CPC on 02.12.2019.

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



A.No. 331/19 09.10.2019 Present : Sh. R.K. Bhardwaj, Ld. counsel for appellant.

S. Adil Hussain, Ld. counsel for North DMC.

1. This is an appeal against order of demolition dated

18.02.2019. Ld. counsel for appellant has pressed the

application for interim stay on the ground that otherwise the

appeal will become infructuous. It is stated that that

demolition action has been taken pursuant to the impugned

order in respect of roof of ground floor as no interim

protection has been granted. It is further stated that no

show cause notice was served upon the appellant neither

the demolition order was served upon the appellant. It is

also stated that the property in question falls in village area

as such the Building Bye Laws are not applicable to it.

2. Ld. counsel for respondent seeks time to inspect the

record to address arguments regarding service of show

cause notice and demolition order.

3. Heard in view of the above facts and circumstances

as there is no proof of service of show cause notice on

appellant and the demolition order was served by pasting

without any witness to same, there shall be interim stay of

demolition, respondent is restrained from taking any

demolition action in the property in question bearing

no.2116/1-B, Gali No.7, Prem Nagar, West Patel Nagar,

New Delhi till next date of hearing, pursuant to the

impugned demolition order dated 18.02.2019.

4. 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.

5. 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.

6. 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.

7. 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.


9. A copy of the order be given Dasti to counsel for

appellant, as prayed for.



A.No. 381/18 09.10.2019 Present : Sh. Harshit Chopra, Ld. proxy counsel for appellant.

Ms. Babita Kaushik, Ld. proxy counsel for MCD.

Be awaited for 2.00 p.m. at request of proxy counsel for

appellant.



2.15 p.m. Present : Sh. Harshit Chopra, Ld. proxy counsel for appellant.

Ms. Babita Kaushik, Ld. proxy counsel for MCD.

At request of proxy counsel for appellant adjourned to

06.02.2020 for final arguments.



A.No. 592/19 09.10.2019 Present : Sh. Avishek Kumar, Ld. counsel for appellant.

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

of demolition dated 21.01.2019 alongwith application for

stay and condonation of delay. Be checked and registered.

Notice of the appeal and application be issued to the

respondent through concerned Chief Law Officer. AE(B) is

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for arguments on application for condonation of

delay and stay on 14.10.2019.

Process be given dasti, as prayed for.



A.No. 504/18 & 513/18 09.10.2019 Present : Ms. Ashu Arora, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent / Sh. Rishab

Sharma, Ld. proxy counsel for respondent.

At request of Ld. counsel for appellant, adjourned to

04.02.2020 for filing of the synopsis and final arguments.

Interim order to continue till next date.



A.No. 293/19 09.10.2019 Present : Ms. Ashu Arora, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. proxy counsel for respondent.

Final arguments addressed by Ld. counsel for appellant.

Proxy counsel for respondent again seeks adjournment.

Notice be issued to the Chief Law Officer, SDMC to appear

on next date of hearing.

Be listed for orders on 16.10.2019.

Respondent is given liberty to address arguments on the

date fixed.



A.No. 145/19 09.10.2019 Present : Sh. S.S. Dhingra, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.

Objections filed on behalf of the appellant, copy supplied.

Ld. counsel for appellant states that record has not been

filed.

Respondent is directed to file the same.

Be listed for arguments on the point of maintainability on

20.12.2019.



A.No. 27/16 09.10.2019 Present : Ms. Nidhi Mehra, Ld. proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.


At request of proxy counsel for appellant adjourned to

09.12.2019 for final argument as the main counsel is not

available today.



A.No. 204/19 & 205/19 09.10.2019 Present : Sh. Virender Singh, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Documents filed on behalf of appellant, copy supplied.

Ld. counsel for appellant states that the constructions in the

property in question exists since 2001 and in this regard the

appellant has filed a copy of inspection book of MCD dated

01.04.2001,

Ld. counsel for respondent seeks time to verify the

documents.

Ld. counsel for appellant seeks time to take clarification

from the Hon’ble High Court regarding the directions of the

Hon’ble High Court passed in Writ Petition No.5833/2018

Sudesh Kumari Vs. vs SDMC & others dated 22.02.2019

whereby the appellant was directed to approach the Special

Task Force.


A copy of order be given dasti to the Ld. counsel for




A.No. 540/19 09.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.

1. Vakalatnama filed on behalf of respondent.

2. Time is sought to file status report and record.

3. Ld. counsel for appellant has pressed the application

for interim stay for desealing of the tower in question in view

of the permission granted by the respondent vide letter

dated 28.08.2007, a copy of which is placed on record.

4. Ld. counsel for appellant states that the impugned

order dated 24.08.2019 was passed despite the fact that the

permission was already accorded by the respondent to

install the tower in the property in question. It is further

stated that no show cause notice was served upon the

appellant before passing of the impugned sealing order

neither any personal hearing was afforded. It is prayed that

the tower in question be desealed.

5. Heard, in view of the submissions made and as time

is sought to file the record, in the facts and circumstances of

the case, respondent is directed to deseal the tower in

question installed at the roof top of property bearing No. W-

56, Greater Kailash-II, New Delhi-48, within a week of this

order till next date of hearing.

6. Be listed for filing of the status report and record and

final arguments on 08.01.2020.

7. A copy of order be given dasti to the Ld. counsel for

parties, as prayed for.



A.No. 585/19 09.10.2019 Present : Appellant with Ld. counsel Sh. M.A. Niyazi and Ms.

Anamika Niyazi.

1. Fresh appeal filed u/s 247 (2), 254 of New Delhi

Municipal Council Act 1994 alongwith application for stay

against order of sealing. Be checked and registered.

2. Ld. counsel for appellant submits that appellant had

filed a Writ Petition No.6737/2019 before the Hon’ble High

Court titled Yeshi Sabrina Lee Vs Naresh Kumar & Ors.

challenging the impugned order of demolition dated

31.05.2017 which was disposed off vide order dated

07.06.2019. The said Writ Petition was disposed off with

the liberty to the appellant / petitioner therein to file an

appeal before this Tribunal within two weeks from the date

of order. It was also directed that the appeal be heard by

this Tribunal within one week of powers being conferred.

The NDMC was directed not to take coercive action till the

matter was listed before this Tribunal subject to appellant

not to carry out any further construction in the property in

question.

3. The interim protection granted to the appellant by the

Hon’ble High Court is extended till next date of hearing.

4. Notice of the appeal and application be issued to the

respondent through concerned Chief Law Officer. AE(B) is

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

5. Be listed for arguments on the application for interim

stay on 13.11.2019.

6. A copy of order be given dasti to the Ld. counsel for




A.No. 814/18 09.10.2019 Statement of Sh. Shokat Hussain S/o Sh. Rehmat Ali, appellant R/o

H.No.3/74-B Ram Gali Vishwas Nagar, Shahdara, Delhi-32

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal with liberty to take appropriate remedy in accordance with law.

RO & AC



Be awaited till 1.00 pm. (POONAM CHAUDHARY) AD&SJ-cum-P.O...

Documents

Transcript of Be awaited till 1.00 pm. (POONAM CHAUDHARY) AD&SJ-cum-P.O...