Misc in A.No. 947/17 14.03.2019 Present : Ms. Renu Soni...

Misc in A.No. 947/17 14.03.2019

Present : Ms. Renu Soni, Nodal Officer for SDMC.

Ld. Presiding Officer is on half day leave today

before lunch.

As prayed, put up this matter on 17.05.2019.

(READER) Appellate Tribunal: MCD

14.03.2019

A.No. 143/19 14.03.2019

Present : Counsel for parties.

Vakalatnama on behalf of respondent filed.

Status report filed.


before lunch.


(READER) Appellate Tribunal: MCD

14.03.2019

A.No. 81/19 14.03.2019




before lunch.


(READER) Appellate Tribunal:MCD

14.03.2019

A.No. 59/19. 14.03.2019


Sh. Anuj Kejriwal, son of appellant.

Sh. S.D. Bhardwaj, CLI / MCD.



before lunch.



14.03.2019

A.No. 604/17 and 605/17. 14.03.2019


Sh. Shailender Singh AE(B).



before lunch.



14.03.2019

A.No. 888/18. 14.03.2019


Shri Madvender Kumar ASO.




before lunch.



14.03.2019

A.No. 123/19. 14.03.2019



before lunch.



14.03.2019

Misc. in A.No. 623/16. 14.03.2019

Present : Counsel for respondent.


before lunch.



14.03.2019

A.No. 858/18 and 738/18. 14.03.2019



before lunch.



14.03.2019

A.No. 291/15. 14.03.2019


Written submissions filed by the respondent. Copy

supplied.


before lunch.



14.03.2019

A.No. 84/19. 14.03.2019



before lunch.



14.03.2019

Misc. In A.No. 1097/16 14.03.2019

Present : Counsel for respondent.


before lunch.



14.03.2019

A.No. 669/18 and 670/18. 14.03.2019


Sh. Ankur Tyagi AE(B)

Status report filed by the respondent.


before lunch.



14.03.2019

A.No. 862/16. 14.03.2019


Sh. Milan Sharma son of the appellant.


before lunch.



14.03.2019

A.No. 193/18. 14.03.2019



before lunch.



14.03.2019

A.No. 250/18 14.03.2019



before lunch.



14.03.2019

A.No. 294/17 14.03.2019


Appellant in person


before lunch.



14.03.2019

Misc. in A.No. 875/15 14.03.2019

Present : Sh. V.K. Aggarwal, counsel for MCD.

Status report filed


before lunch.

As prayed, put up this matter on 16.04.2019


14.03.2019

A.No. 409/17. 14.03.2019

Present : Sh. Sushil Kumar proxy counsel for appellant

Sh. H.R. Aggarwal, counsel for MCD.


Copy of power of attorney filed by proxy counsel for

appellant .


before lunch.



14.03.2019

P.No. 62/13. 14.03.2019


Sh. Manish Huria AE(B)


before lunch.



14.03.2019

A.No. 876/18 and 877/18. 14.03.2019



before lunch.



14.03.2019

A.No. 952/13 14.03.2019


Ms Manorama Masih counsel for Monitoring

Committee.


before lunch.



14.03.2019

A.No. 573/13. 14.03.2019



before lunch.



14.03.2019

A.No. 756/18 and 816/18. 14.03.2019

Present : Counsel for appellant

Sh. Kulbushan /Ms Shikha Meena counsel for

respondent .



before lunch.



14.03.2019

A.No. 917/18. 14.03.2019


Sh.Sanjay son of the appellant.


before lunch.



14.03.2019

A.No. 14/19 and 15/19. 14.03.2019



before lunch.



14.03.2019

A.No. 836/18. 14.03.2019


Appellant in person


before lunch.



14.03.2019

A.No. 585/12. 14.03.2019



before lunch.



14.03.2019

A.No. 784/16 and 802/16. 14.03.2019


Appellant in person


before lunch.



14.03.2019

A.No. 839/18 14.03.2019



before lunch.



14.03.2019

A.No. 841/17 14.03.2019



before lunch.



14.03.2019

A.No. 309/18 14.03.2019



before lunch.



14.03.2019

A.No .06/17 14.03.2019



before lunch.



14.03.2019

A.No. 404/15 14.03.2019



before lunch.



14.03.2019

A.No. 76/18. 14.03.2019


Status report filed


before lunch.



14.03.2019

A.No. 460/11 14.03.2019



before lunch.



14.03.2019

A.No. 916/17 14.03.2019



before lunch.



14.03.2019

A.No. 948/17 and 474/17. 14.03.2019


Sh. Rajesh Kumar Attorney.


before lunch.



14.03.2019

A.No. 935/16. 14.03.2019



before lunch.



14.03.2019

A.No. 658/18. 14.03.2019


Sh. Ashok Gupta, AE(B)

Sh. Satbir, Intervener/applicant.


before lunch.



14.03.2019

A.No. 59/15. 14.03.2019



before lunch.



14.03.2019

A.No. 448/16 and 449/16 14.03.2019



before lunch.



14.03.2019

A.No. 188/19 14.03.2019

Present : Sh. Anil Kumar Tyagi, counsel for appellant.

Alongwith appellant.

Fresh appeal filed against demolition order dated

20.02.2019m with respect to property bearing House

No.415, Gali No.1, Nand Ram Mohalla, Brahampuri,

Ghonda, Delhi on account of unauthorized construction in

the shape of ground floor and first floor.

Counsel for appellant submitted that the property is

old having been constructed by the father of the appellant.

He has relied upon various documents including electricity

bill having enersization date 07.09.1986 and 11.07.2014,

House tax receipts w.e.f. 10.07.1969, 09.07.1971,

25.12,1985, copy of PTR dated 15.05.2012 showing ground

floor and first floor and ration card etc.

It is stated that no new construction has been raised

and the construction is old having protection under Delhi

Laws (Special Provisions) Act as the premises is lying in the

unauthorized colony.

It is further stated that show cause notice has never

been served upon the appellant and no opportunity of

hearing was given before passing of the impugned order.

Ld. counsel prayed for ex-parte stay.

Let notice of the appeal and application 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. Record be deposited immediately in

the Tribunal.

In the meantime, respondent is restrained from taking

any coercive action in the property of the appellant bearing

no. House No.415, Gali No.1, Nand Ram Mohalla,

Brahampuri, Ghonda, Delhi..in pursuance of demolition

order dated 20.02.2019 till next date of hearing.

A.No. 188/19 -2-

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.

Put up this matter for filing of status report, record by

the respondent on 23.07.2019.

Copy of the order be given Dasti to counsel for

appellant, as prayed.

(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 14.03.2019

A.No. 187/19 14.03.2019

Present : Sh. Anil Kumar Tyagi, counsel for appellant.

Alongwith appellant.

Fresh appeal filed against demolition order dated

20.02.2019m with respect to property bearing House

No.414, Gali No.1, Nand Ram Mohalla, Brahampuri,

Ghonda, Delhi on account of unauthorized construction in

the shape of ground floor and first floor.

Counsel for appellant submitted that the property is

old having been constructed by the father of the appellant.

He has relied upon various documents including electricity

bill having enersization date 29.01.1976, House tax receipts

dated 18.06.2011, Copy of Delhi Jal Board dated

04.08.1995, and copy of ration card etc.

It is stated that no new construction has been raised

and the construction is old having protection under Delhi

Laws (Special Provisions) Act as the premises is lying in the

unauthorized colony.

It is further stated that show cause notice has never

been served upon the appellant and no opportunity of

hearing was given before passing of the impugned order.

Ld. counsel prayed for ex-parte stay.






the Tribunal.

In the meantime, respondent is restrained from taking

any coercive action in the property of the appellant bearing

no. House No.414, Gali No.1, Nand Ram Mohalla,

Brahampuri, Ghonda, Delhi..in pursuance of demolition

order dated 20.02.2019 till next date of hearing.

A.No. 188/19 -2-




in question.












Put up this matter for filing of status report, record by


Copy of the order be given Dasti to counsel for

appellant, as prayed.



A.No. 185/19 14.03.2019

Present : Sh. Sushil Kr. Tyagi, counsel for appellant.

Fresh appeal filed against sealing of the property on

30.11.2012 filed by the tenant.






the Tribunal.

Put up this matter on 03.07.2019.

Appellant is directed to implead the owner of the

property or to produce him on next date of hearing.



A.No. 447/16 14.03.2019

Present : Sh. Vineet Trehan, counsel for appellant.

File taken up today as an application under order 23

Rule 1 CPC has been moved on behalf of the appellant.

Let notice of the application be issued to the

respondent for date already fixed i.e. 11.04.2019.



A.No. 494/16 14.03.2019

Present : Sh. Vineet Trehan, counsel for appellant.

File taken up today as an application under order 23

Rule 10 CPC has been moved by Sh. Sanjeev Mishra and

Sh. M.L. Rathi who have purchased the property from the

appellant.

Let notice of the application be issued to the

respondent as well as to the appellant for date already fixed

i.e. 11.04.2019.



A.No. 908/18 14.03.2019

Present : Sh. Jitesh Talwar, counsel for appellant.

Sh. K.K. Arora, counsel for respondent

alongwith Sh. A.K. Jain, AE(B).

Counsel for appellant states that appellant has

almost submitted all the documents and will comply the IN

within 2-3 days.

AE(B) is directed to positively consider the

application of the appellant and decide it within a week after

submitting the documents by the appellant.

Put up this matter for filing of status report by the

respondent and arguments on 29.03.2019.



A.No. 813/18 14.03.2019

Present : Sh. Gulshan proxy counsel for Sh. Anubhav

Mehrotra, counsel for appellant.

Ahlmad has not issued the notice.

He is warned to be careful in future.

Issue fresh notice as per previous order for

27.05.2019.



A.No. 171/18 14.03.2019

Present : Sh. D.K. Mishra, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

While dictating the order it is found that respondent

has not filed the original record.

Appellant has also not placed on record sealing order

passed by the respondent.

Put up for filing original record by the respondent on

18.03.2019.



A.No. 433/18, 435/18 & 436/18 14.03.2019

Present : Sh. K.B. Gupta, counsel for appellant.

Sh. Karan Gupta, proxy counsel for Sh.

Dharamvir Gupta, counsel for MCD.

Sh. Adil Hussain, proxy counsel for Sh.

Ashutosh Gupta, counsel for MCD.

Further status report has not been filed by the DDA.

Counsel for appellant submits that DDA officers are

not coming forward for filing written arguments,

submissions/ proceedings.

Part arguments heard.

Put up for further arguments on 15.03.2019 at 2.00

p.m.



A.No. 795/18 14.03.2019

Present : Sh. Ranjay Roy with Sh. Saddam Hussain,

counsel for appellant.

Sh. V.K. Gupta, AE(B).

Put up this matter for arguments on maintainability of

the appeal on 06.05.2019.



A.No. 14.03.2019

Present :



A.No. 192/19 14.03.2019

Present : Sh. O.P. Verma, counsel for appellant.

Ld. counsel for appellant submitted that the appeal

against the revocation of Sanctioned Building Plan is listed

for 02.04.2019 for final arguments.

The building has been constructed as per the

Sanctioned Building Plan under SARAL Scheme vide ID No.

10052432 dated 02.08.2018.

The demolition order has been passed subsequent to

filing of appeal against the revocation of Sanctioned

Building Plan.

It is therefore argued that till the appeal against

revocation of Sanctioned Building Plan is decided on merit,

in case, the ex-parte stay is not granted and the property is

demolished, the appellant would suffer irreparable loss and

his appeal against the revocation of Sanctioned Building

Plan will become infructuous.

In these circumstances, it is submitted that ex-parte

stay be granted against the demolition order dated

28.02.2019.

On perusal of speaking order dated 28.02.2019, it is

noticed that the same has been passed on the ground that

ignorance of law is no excuse because in the reply dated

20.11.2018, the appellant has stated that they were not

aware about the Heritage status of property.

It is further observed that the owner has failed to

produce necessary permission from Heritage Conservation

Committee (HCC) and repair / reconstruction / construction

is not allowed without any valid / prior permission from the

Heritage Conservation Committee.

All these points need serious consideration.

I agree with the contentions of Ld. counsel for

appellant that till the revocation of Sanctioned Building Plan

A.No. 192/19 - 2 -

is considered by this Tribunal and the appeal is disposed off

on merit, the property subject matter of the demolition

proceedings needs to be protected. The interim application

is disposed of accordingly.

Respondent is restrained from taking any coercive

action in the property of the appellant bearing no. 4760,

Jaipuria Building, Jogiwara, Nai Sarak, Delhi-110006 in

pursuance of demolition order dated 28.02.2019 till next

date of hearing.




in question.












Notice of the appeal and application 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.

Put up this matter for filing of status report / record by


Copy of the order be given Dasti to appellant for

compliance.



A.No. 456/16 14.03.2019

Present : Sh. Dalip Rastogi, counsel for appellant

alongwith appellant.

Sh. Naveen Grover, counsel for MCD.

As per the status report filed on previous date, the

existing construction as shown in the affidavit is found to be

correct.

Put up this matter for final arguments on 16.07.2019.

Interim stay, if any, is extended till next date.



Misc in A.No. 947/17 14.03.2019 Present : Ms. Renu Soni...

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