A.No. 267/18. 16.09.2019 Present : Shri Vijay Kumar Sharma,Ld. counsel for appellant .
Shri Gyanender Kumar, Ld. counsel for respondent.
Ld. counsel for respondent states that he has received the
copy of condonation of delay today and seeks time to file
reply to the same. Ld. Counsel for respondent further states
that this is the third appeal in respect of the same impugned
order.
Ld. counsel for appellant submits that the first appeal was
filed by the lessee Signature Heritage Infrastructure Private
Limited and was withdrawn. Thereafter second appeal was
filed by the attorney of the appellant and is pending and this
is the third appeal.
Ld. counsel for respondent seeks time to file the status
report.
At request of Ld. Counsel for appellant, be listed with the
connected Appeal No. 970/14 on 04.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 302/11 16.09.2019 Present : Shri Tushant, Ld. proxy counsel for appellant .
Ms. Praveen Sharma, Ld. counsel for respondent.
Ms. Manorma Massi, Ld. counsel for Monitoring Committee.
Ld. counsel for Monitoring Committee submits that the
status report has already been filed and no further status
report is required to be filed.
Ld. counsel for respondent states that the respondent has
sent a letter to the SDM concerned with a request to provide
the status of land in question which has not been received
till date. The respondent will take steps to obtain the same.
To come up for filing of status report by respondent on
10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 801/17. 16.09.2019 Present : Shri Satish Chand Sharma, Ld. counsel for appellant .
Shri Prashant, Ld. counsel for respondent.
Shri H.R. Marwah, Ld. Counsel for applicant.
Arguments partly heard under Order 1 Rule 10 CPC.
Ld. counsel for applicant seeks time to file documents.
Be listed for further arguments on the application under
Order 1 Rule 10 CPC on 20.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 478/13 and 479/18. 16.09.2019 Present : Shri Sandeep Kumar, Ld. proxy counsel for appellant .
Shri Mohit Sharma, Ld. counsel for respondent.
Shri H.R.Aggarwal, Ld. counsel for DDA .
Written submissions filed on behalf of the respondent, copy
supplied.
Ld. Counsel for respondent states that he has received
telephonic information from the Ld. counsel for Monitoring
Committee that she will not be able to come today as she is
ill.
At request of Ld. Proxy counsel for appellant, adjourned as
main counsel is busy in some other court..
To come up for filing of status report by the Monitoring
Committee on 15.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 299/19. 16.09.2019 Present : Shri Anuj Pandey, Ld. proxy counsel for appellant .
Shri H.R. Aggarwal, Ld. counsel for respondent.
Rejoinder filed on behalf of the respondent alongwith
documents, copy supplied.
An application moved under Order 1 Rule 10 CPC, copy
supplied.
Ld. Counsel for appellant seeks adjournment as main
counsel is not available today.
To come up for reply and arguments on the application
under Order 1 Rule 10 CPC and application for interim stay
on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No.714/14. 16.09.2019 Present : Shri Vikas Sood, Ld. counsel for appellant.
Shri Nilesh Sahani, Ld. counsel for NDMC.
Ld. Counsel for appellant states that the connected appeal
is listed on 18.12.2019.
At request of Ld, counsel for appellant, adjourned for final
arguments to 18.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 577/16. 16.09.2019 Present : None for appellant.
Ms. Manjusha Jha, Ld. counsel for respondent. None has appeared on behalf of the appellant for the last
few dated. It appears that appellant is not interested in
pursuing the appeal.
The appeal is accordingly dismissed in default and for non
prosecution. The impugned demolition orders dated
13.05.2016 is confirmed. The respondent is at liberty to
take action in accordance with law in the property in
question. Dy. Commissioner concerned to ensure the
compliance of the impugned orders.
The file of the department, if any, be returned to the
respondent alongwith a copy of this order.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 689/18. 16.09.2019 Present : None for appellant.
Ms. Beena Sharma,Ld. counsel for respondent .
As none has appeared on behalf of the appellant, be listed
for further proceedings/final arguments on 21.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 184/18,185/18, 186/18 and 49/19. 16.09.2019 Present : Shri A.S.Chouchary, Ld. counsel for appellant .
Shri Umang Mittal, Ld. counsel for respondent.
Shri Tanuj Sharma, Ld. counsel for respondent No.
2.(Appeal No. 186/18)
Ld. counsel for respondent No. 2 states that he has not
received the copy of the appeal, the same be supplied.
At request of Ld. counsel for respondent No. 2, adjourned
for final arguments with the connected appeal on
23.01.2020.
Objections filed on behalf of the appellant in respect of
Appeal Nos. 184/18 and 185/18 and 49/19.
At request of Ld. counsel for appellant adjourned for final
arguments on 23.01.2020.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 45/15. 16.09.2019. Present : Sh. Samar Bansal, Ld. Counsel for appellant.
Sh. Nilesh Sawhney, Ld. Counsel for New Delhi Municipal
Council.
Ld. Counsel for appellant seeks more time to file objections.
Be listed for final arguments on 07.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 605/15. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. S.S. Rana and Sh. R.N.
Oberoi.
Sh. Shashikant Sharma, Ld. counsel for EDMC
Sh. Visweswaran, applicant in person.
Ld. Counsel for appellant states that appellant does not
wish to pursue the appeal and wishes to withdraw the same.
Statement of appellant recorded.
In view of the statement of appellant, the appeal stands
dismissed as withdrawn. Resultantly the impugned order
dated 12.11.2013 stands confirmed. Respondent is at liberty
to take action in property in question in accordance with per
law. AE(B) concerned to file action taken report before the
Dy. Commissioner concerned who shall ensure the
compliance of the impugned order.
The application moved by applicant u/s. 151 CPC stands
dismissed as infructuous.
The file of the department, if any, be returned to the
respondent.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 254-SCM-14. 16.09.2019. Present : Sh. Shravan Sahny, Ld. Counsel for appellant.
Sh. Nilesh Sawhney, Ld. Counsel for New Delhi Municipal
Council.
Ms. Manorama Massey, Ld. Proxy counsel for Monitoring
Committee.
Proxy counsel for Monitoring Committee seeks more time to
file record, last opportunity granted.
Be listed for further proceedings on 18.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 725/13. 16.09.2019. Present : Sh. Shravan Sahny, Ld. Counsel for appellant.
Sh. Nilesh Sawhney, Ld. Counsel for New Delhi Municipal
Council.
Ms. Manorama Massey, Ld. Proxy counsel for Monitoring
Committee.
Proxy counsel for Monitoring Committee seeks more time to
file record, last opportunity granted.
Be listed for further proceedings on 18.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 246/18. 16.09.2019. Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.
Veer Pal Singh, AE(B).
Status report filed.
None has appeared for appellant, be awaited till 1.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
1.00 p.m. Present None for appellant Sh. V.K. Aggarwal, Counsel for North DMC
It is 1.00 p.m., none has appeared for appellant despite of
several calls since morning. Even on the previous date of
hearing, none had appeared for the appellant. The appeal
accordingly stands dismissed in default and for non-
prosecution. Resultantly, the impugned order dated
29.11.2017 stands confirmed. Respondent is at liberty to
take action in the property in question in accordance with
law in terms of the impugned order. 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.
(POONAM CHAUDHARY)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
16.09.2019.
A.No. 77/16 16.09.2019. Present : Sh. Sumit Chawla, son of appellant.
Sh. V.K. Aggarwal, Ld. Counsel for North DMC.
None for PWD.
Be awaited for 12.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
1.15 p.m. Present:- Sh. Saurabh Shokeen, Counsel for appellant
Sh. Abdul Haq, Nodal Officer for North DMC
Sh. Raj Kishore, AE, NWR-2, PWD
It is submitted by the official of PWD that the report could
not be brought today as here was some confusion regarding
number of property. The property in question bears No.
A-1 & 2, Block A, Budh Vihar, Phase-I, Delhi whereas in the
order, the number mentioned is B-1 & 2, Block A, Budh
Vihar, Phase-I, Delhi.
Heard, on the oral request of Ld. Counsel for appellant,
typographical error regarding number of property in order
dated 9.07.2019 stands corrected, the same be read as A-
1& 2, Block A, Budh Vihar, Phase-I, Delhi.
AE(PWD), North West-2 is directed to file status report on
the next date.
Be listed on 2.12.2019.
Copy of order be given dasti to the AE of PWD as prayed
for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 546/17. 16.09.2019. Present : Sh. Manish Kumar, Ld. Counsel for appellant.
Sh. Madan Sagar, Ld. Counsel for SDMC.
Ms. Manorama Massey, Ld. Proxy counsel for Monitoring
Committee.
Status report filed stating that status report stating that the
verification of details of measurement / construction in the
affidavit of the appellant could not be done as the property
is lying sealed under the directions of the Monitoring
Committee. It is stated that the matter is required to be
placed before the Monitoring Committee.
Respondent is directed to place on record the orders of the
Monitoring Committee.
Proxy counsel for Monitoring Committee seeks time to file
status report.
Ld. Counsel for appellant states that the connected appeals
are listed on 24.01.2020.
Accordingly at request, be listed for final arguments on
24.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 549/17. 16.09.2019. Present : Sh. Manish Kumar, Ld. Counsel for appellant.
Sh. Madan Sagar, Ld. Counsel for SDMC.
Ms. Manorama Massey, Ld. Proxy counsel for Monitoring
Committee.
Status report filed, copy supplied.
Ld. Counsel for appellant states that he has not received the
copy of report, the same be supplied by the respondent.
At joint request, adjourned for final arguments to
27.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 892/18 and 893/18. 16.09.2019. Present : Sh. Nitin Shoukeen, Ld. Proxy counsel for appellant.
Ms. Babita Kaushik, Ld. Proxy counsel for New Delhi
Municipal Council with Sh. V.K. Nimesh, EE(E-BR), Sh.
Yash Pal, JE (EBR) and Sh. Ashok Kumar, Sr.Asstt / Nodal
Officer.
Proxy counsel for respondent states that copy of application
u/s. 151 CPC was not supplied, the same has been
supplied today.
Be listed for filing of status report, reply and arguments on
the application on 06.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 278/19. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Avinash Kumar.
Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.
Rajesh Mann, LI.
Status report filed stating that the property in question is not
in the list of properties provided by DSIIDC.
Respondent is directed to file further status report clarifying
whether in this matter, Ld. Dy. Commissioner has filed
affidavit in the Hon’ble Supreme Court in Writ Petition no.
4677/1985 in case titled as M.C. Mehta Vs. UOI and also if
not then respondent will calculate misuse charges / penalty
payable by the appellant and file a report.
Ld. Counsel for respondent states that the property is
required to be desealed for the purpose of calculation of
misuse charges. Respondent is allowed to deseal the
property on 25.09.2019 from 11.00 am to 5.00 pm in the
presence of appellant to calculate the misuse charges. The
property be thereafter resealed on the same date.
Be listed now for filing of status report on 05.11.2019.
A copy of order be given dasti to Ld. Counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 133/19. 16.09.2019. Present : Appellant in person.
Sh. H.R. Aggarwal, Ld. Counsel for North DMC with Sh.
Baljeet Singh, LI.
Status report filed stating that misuse charges amounting to
Rs.11,39,420/- are payable, copy supplied.
To come up for filing of further status report clarifying the
purpose for which the property can be used and also
whether this property is part of 21960 industrial units in
which the affidavit has been filed by the Commissioner,
MCD before the Hon’ble Supreme Court in M.C. Mehta Vs.
UOI in Writ Petition No. 4677/1985.
Be listed for further proceedings on 22.11.2019.
Concerned LI to be present on the next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 505/19. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Mukesh Kumar.
Sh. K.K. Arora, Ld. Counsel for North DMC.
Time is sought to file status report and record.
To come up for arguments on the application for stay on
15.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 486/19. 16.09.2019. Present : Sh. Mohan Kumar, Ld. Counsel for appellant.
Sh. Varun Sharma, Ld. Counsel for SDMC.
Fresh Vakalatnama filed on behalf of the respondent.
Time is sought to file status report and record.
Ld. Counsel for appellant states that the respondent had
granted regularization / permission for erection of the tower
on the roof top of the property in question vide letter dated
03.10.2018. Status report of the same be filed on the next
date.
Be listed on 13.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 474/18. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Gurpreet Singh.
Sh. Nitin, Ld. Proxy counsel for North DMC with Sh.
Deepesh, LI.
Status report filed stating that the appellant has paid the
conversion / penalty charges vide G-8 no. 50843 dated
29.08.2019, photocopy of the receipt of payment has been
filed.
Ld. Counsel for respondent seeks time to file status report
clarifying whether the property in question is one of the
21960 industrial units in which affidavit has been filed by Ld.
Commissioner in the matter of M.C. Mehta Vs. UOI in Writ
Petition no. 4677/1985 and further clarifying the purpose for
which it can be used.
Concerned LI to be present on the next date.
Dy. Commissioner to be present on the next date in case
status report is not filed.
Be listed for further proceedings on 22.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 475/19, 114/12 and 418/11.. 16.09.2019. Present : Sh. Deepak Bajaj, partner of the appellant with Ld. Proxy
counsel, Ms. Rachita.
Sh. Sanjeev Kumar Yadav, Ld. Counsel for SDMC.
Fresh Vakalatnama filed on behalf of the respondent in
appeal no. 475/19.
Proxy counsel for appellant states that appeal is pending
before Ld. District and Sessions Judge, Delhi in the
connected appeal bearing no. 33/12.
At request, be listed for arguments on the decision of the
above appeal.
Put up for further proceedings on 14.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 33/12. 16.09.2019. Present : Sh. Deepak Bajaj, partner of the appellant with Ld. Proxy
counsel, Ms. Rachita.
Sh. Sanjeev Kumar Yadav, Ld. Counsel for SDMC.
Proxy counsel for appellant states that appeal is pending
before Ld. District and Sessions Judge, Delhi.
Be listed for awaiting the orders on 14.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 96/18 16.09.2019. Present : Sh. R.L. Kohli, counsel for appellant
Sh. Nitin Kumar, Proxy Counsel for respondent
The application has been moved for restoration of appeal. It
is stated that when the Ld. Counsel for appellant made
enquiry from the staff about the pendency of matter, on
29.07.2019, it was learnt that the appeal the appeal was
dismissed in default on 25.07.2019. It is further stated that
the non-appearance of the counsel and appellant was
unintentional.
Ld. Counsel for the respondent had opposed the
application.
I have heard Ld. Counsels for parties and perused the
record, appellant had absent on last two dates of hearing.
Keeping in view submissions made by appellant which is
supported by the affidavit of appellant and in the interest of
justice, order dated 25.07.2019 is set aside subject to
payment of Rs. 3,000/- as cost by appellant in the Registry
as appellant has not been diligent in pursuing the appeal.
The appeal stands restored to its original number.
Application stands disposed off.
Be now listed for final arguments on 8.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 512/19 16.09.2019. Present : Sh. Sidharth Verma, Counsel for the appellant
Sh. Sagar Dhama, Counsel for the respondent
Sh. Manoj Kumar, AE(Building)
An application moved on behalf of the appellant for
directions to MCD to remove the rubble/malba and also to
de-seal the common passage, copy supplied.
Status Report filed, copy supplied.
To come up now for arguments for reply on the application
on 4.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 897/17 & 868/14 16.09.2019. Present : Appellant with Counsel Mr. M. Hussain
Sh. Madan Sagar, Counsel for respondent
Ld. Counsel for appellant states that appellant does not
wish to pursue the appeal and wishes to withdraw the
same. The statement of appellant recorded.
In view of the statement of appellant, the appeal stands
dismissed as withdrawn. The respondent is at liberty to take
action in the property in question in accordance with law.
AE(B) concerned to file action taken report before the Dy.
Commissioner concerned who shall ensure the compliance
of the impugned order.
The file of the department, if any, be returned to the
respondent.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 921/18 16.09.2019. Present : Sh. B.S. Rathore, Counsel for appellant
Sh. Hardik bedi, Counsel for respondent
Sh. K.K. Singh, Counsel for applicant
An appelication moved under order 1 Rule 10 read with
Section 151 CPC, copy supplied.
To come up for arguments on reply of application on
16.12.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 953/16 16.09.2019. Present : Sh. Rupesh Sharma, Counsel for appellant
Sh. A.L. Agnihotri, Counsel for MCD
At the request of Ld. Counsel of appellant, adjourned for
final arguments to 12.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 61/18 and 62/18 16.09.2019. Present : Sh. Dalip Rastogi, Counsel for appellant
Sh. Harshit Thakur, Proxy Counsel for respondent
Sh. R.K. Garg, AE(Building)
At request of Ld. Proxy Counsel for respondent, adjourned
for final arguments to 15.11.2019 as the main counsel is
busy today in Hon’ble High court.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 303/18 & 304/18 16.09.2019. Present : Sh. Dalip Rastogi, Counsel for appellant
Sh. Dharamvir Gupta, Counsel for North DMC
At request for Ld. Counsels for parties, adjourned for filing
of brief synopsis and final arguments to 23.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 273/18 & 97/16 16.09.2019. Present : Sh. Mohit Gulati, Proxy Counsel for appellant
Sh. Shashikant Sharma, Counsel for respondent in appeal
No. 97/16
Ms. Manjusha Jha, Counsels for respondent in appeal
No.273/18
Request is made for adjournment by Ld. Proxy Counsel for
appellant as main counsel is busy in Rohini Court today.
At request of Ld. Proxy Counsel for appellant, adjourned for
final arguments to 2.2.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019.
A.No. 395/19 16.09.2019 Present : Appellant in person.
Sh. Shashikant Sharma, Ld. counsel for North DMC.
Appellant seeks adjournment as his counsel is not available
today.
At request, adjourned to 14.01.2020 for arguments.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 1074/15 16.09.2019 Present : Appellant with Ld. counsel Sh. Rajesh Kumar.
Ms. Praveen Sharma, Ld. counsel for respondent.
Ld. counsel for respondent states that she does not wish to
file reply to the application moved by the appellant for
temporary desealing of the property in question to remove
the unauthorized construction / deviations.
It is prayed by Ld. counsel for appellant that the property be
desealed for a period of two months for the said purpose.
Respondent is directed to deseal the property in question
bearing No.24, Block-D NDSE-I, New Delhi for a period of
45 days w.e.f. 23.09.2019 to 07.11.2019 and thereafter
reseal it on 07.11.2019. In the meantime appellant is
directed not to raise any further unauthorized construction
and also not to create any third party interest in the property
in question.
AE(B) concerned will inspect the property during the period
it is desealed to ensure that there is no misuse of the
property. Status report to be filed by the respondent on next
date fixed.
Be listed on 19.11.2019.
A copy of order be given dasti to the Ld. counsel for parties,
as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 445/19 and 447/19 16.09.2019 Present : Sh. Shekhar Nanawati, Ld. counsel for appellant.
Sh. Mohit Sharma, Ld. counsel for SDMC with Sh. Athar
Mustafa, AE(B).
Status report filed stating that unauthorized construction in
the shape of first floor (prior demolition old structure) was
booked in the property in question, thereafter demolition
order was passed on 06.02.2019. It is stated that property
was again booked on 15.02.2019 for unauthorized
construction in the shape of second floor and show cause
notice was issued and demolition order was passed on
08.03.2019. It is further stated that the application for
regularization moved by the appellant has been rejected.
Ld. counsel for appellant seeks time to file objections.
Be listed for arguments on the application for stay on
27.11.2019.
Interim protection granted by the Hon’ble High Court to
continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 457/19 & 458/19 16.09.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.
Sh. V.K. Aggarwal / Sh. Mohit Sharma, Ld. counsel for
MCD.
Ld. counsel for respondent seeks more time to file the
status report as to whether property in question is protected
by NCT of Delhi Laws (Special Provisions) Act or not.
Ld. counsel for appellant has filed a copy of the sale deed of
the erstwhile owner dated 19.05.1986 today in support of
his contention that the construction in the property in
question is old and protected under the above Act. Copy of
the same be supplied to opposite side
Ld. counsel for appellant states that an application has been
moved for regularization, status report of the same be filed
on next date.
At request of Ld. counsel for appellant, be listed for
arguments with the connected appeal on 22.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 446/19 16.09.2019 Present : Sh. M.P.S. Kasana, Ld. counsel for appellant.
Sh. Nitin, Ld. proxy counsel for respondent with Sh. R.K.
Garg, AE(B).
More time is sought to file the status report.
EE(B) concerned will appear on next date with status report
Be listed for filing report on 24.09.2019.
2, Block-H, Kh. No.238, Gokulpur, New Delhi2, Block-H, Kh.
No.238, Gokulpur, New Delhi
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 452/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Nitin Ld. proxy counsel for respondent.
More time is sought to file the status report and record.
Ld. counsel for appellant has pressed application for interim
stay on the ground that otherwise appeal will become
infructuous.
It is stated that appellants are the joint owners of the
property in question bearing No.290, Khasra No.44/21 min,
Swarn Park, Village Mundka, Delhi by virtue of registered
sale deed dated 07.04.2013. It is further stated that
appellants have not carried out any new construction or
unauthorized construction but had only carried out
permissible repairs as envisaged in clause 2.14 of the New
Unified Bldg. Bye Laws-2016. It is also stated that property
is old and occupied, in this regard a copy of the order of the
Revenue Asstt, SDM Punjabi Bagh, Nangloi, Delhi has been
filed to show that construction existed in the shape of
boundary wall and godwon is protected in view of the NCT
of Delhi Laws (Special Provisions) (Second Amendment)
Act, 2014 as it was constructed prior to 01.06.2014. It is
further stated that impugned order has been passed without
considering that appeal property is protected from punitive
action till 31.12.2020 in view of NCT of Delhi Laws (Special
Provisions) Act.
More time is sought to file record.
Two adjournments have already been sought by the
respondent to file the status report and record.
Heard, keeping in view the above facts and circumstances
and further considering that respondent has not filed the
record there shall be interim stay of demolition, respondent
is restrained from taking demolition action in the property in
question i.e. property bearing No.290, Khasra No.44/21 min,
Swarn Park, Village Mundka, Delhi till next date of hearing
pursuant to impugned demolition order dated 03.07.2014.
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 arguments on 10.12.2019.
A copy of the order be given Dasti to counsel for parties, as
prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 453/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Nitin Ld. proxy counsel for respondent.
At request of Ld. counsel for appellant, be listed for
arguments with connected appeal on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 593/15 & 595/15 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for MCD.
Ld. counsel for respondent seeks more time to file a status
report.
Be listed for filing status report on 13.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 918/16 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Ms. Manjusha Jha, Ld. counsel for respondent with Sh.
Roshan Lal, AE(B).
This appeal pertains to order of rejection dated 08.09.2016
for installation of telecommunication tower at the roof top of
property No. 2, Block-H, Kh. No.238, Gokulpur, New Delhi.
Ld. counsel for respondent has filed the permission letter
stating that respondent has granted permission
/regularization of telecommunication tower in the property in
question vide file No.61/MT/B-1/SH/N/2018 dated
14.06.2018. The permission of regularization is valid up to
17.01.2021.
It is submitted by Ld. counsel for appellant that rejection
order be set aside as regularization has been granted vide
and the appeal may be disposed off.
In view of permission / regularization granted by respondent
the impugned order of rejection dated 08.09.2016 is set
aside on compliance of the terms and condition of letter
dated 14.06.2018 till 27.01.2021.
The respondent is at liberty to take action after 27.01.2021
in accordance with law.
The appellant is directed to abide by all the terms and
conditions of the permission letter and on violation of any
condition of the said letter the respondent will be at liberty to
take action as per law against the telecommunication tower
in question.
The appeal stands disposed off.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 848/16 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. V.K. Montoo, Dy. Law Officer with Sh. R.K. Verma,
AE(B).
This appeal pertains to order of sealing dated 27.05.2016 of
telecommunication tower installed at the roof top of
property in question No. G-46, Ravidass Nagar, Narela,
Delhi-40.
Status report filed stating that the respondent has
regularized the tower in question installed at the roof of top
of the property in question vide permission letter
No.AE/B/NRZ/2019/D-156 dated 26.12.2018 for a period of
five years w.e.f. December 2015 to November 2020.
It is submitted by Ld. counsel for appellant that sealing order
be set aside as regularization has been granted and the
appeal may be disposed off. It is prayed that respondent be
directed to deseal the tower in question.
In view of permission / regularization granted by respondent
the impugned order of sealing dated 27.05.2016 is set aside
subject to compliance of the terms and condition of letter
dated 26.12.2018 till November 2020 in the property in
question.
The respondent is at liberty to take action after November
2020 in accordance with law.
The appellant is directed to abide by all the terms and
conditions of the permission letter and on violation of any
condition of the said letter the respondent will be at liberty to
take action as per law against the telecommunication tower
in question.
The appeal stands disposed off. Respondent is directed to
deseal the tower in question within two weeks.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 153/17 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. Amit Kumar, Ld. proxy counsel for North DMC.
This appeal pertains to order of rejection dated 16.02.2017
for installation of telecommunication tower at the roof top of
property No.1/128, Khasra No.221, Village Jagatpur, Delhi-
84.
Status report filed stating that the cell tower in question has
been regularized vide letter No.D-6069/EE(B)-I/CLZ/2019
dated 30.08.2019.
Ld. counsel for respondent has filed the permission letter
with the status report stating that respondent has granted
permission /regularization of telecommunication tower in the
property in question. The permission of regularization is
w.e.f. 08.09.2016 to 07.09.2021.
It is submitted by Ld. counsel for appellant that rejection
order be set aside as regularization has been granted vide
and the appeal may be disposed off.
In view of permission / regularization granted by respondent
the impugned order of rejection dated 16.02.2017 is set
aside on compliance of the terms and condition of letter
dated 30.08.2019.
The respondent is at liberty to take action after 07.09.2021
in accordance with law in the property in question.
The appellant is directed to abide by all the terms and
conditions of the permission letter and on violation of any
condition of the said letter the respondent will be at liberty to
take action as per law against the telecommunication tower
in question.
The appeal stands disposed off.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 921/16 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for EDMC.
AE(B) concerned to be present on next date with the status
report.
Be listed for filing status report on 18.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No.01/19 & 02/19 16.09.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Ms. Babita Ld. proxy counsel for NDMC.
Show cause notice be issued to the Executive Engineer
concerned to be present on next date alongwith status
report.
Be listed for filing status report on 30.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 468/19, 469/19 & 470/19 16.09.2019 Present : Sh. Daman Popli, Ld. counsel for appellant.
Sh. Shashikant Sharma / Sh. Pramod Kaushik / Sh. S. Adil
Hussain, Ld. counsel for North DMC with Sh. Rajeev Garg,
ALO and Sh. Sunil Kumar, AE(B).
Vakalatnama filed on behalf of respondent in appeal
No.469/19.
Ld. counsel for appellant has pressed the application for
stay on the ground that the appellants apprehenads
demolition of the property in question. It is further stated
that the property in question is protected by NCT of Delhi
Laws (Special Provisions) Act.
I have perused the copy of reply to the show cause notice
filed by appellant before respondent wherein the said fact
has not been mentioned. Accordingly, the respondent is
directed to file the status report whether the property in
question is protected under NCT Delhi Laws (Special
Provisions) Act or not.
Application be listed on the date area fixed i.e.25.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 536/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Fresh appeal filed u/s 347-B of the DMC Act against the
order of sealing dated 02.09.2019 alongwith application for
stay. 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 the application for stay on
17.09.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 537/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of the DMC Act against the
order of demolition dated 17.06.2019 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 the application for condonation of
delay and stay on 17.09.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 538/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of the DMC Act against the
order of demolition dated 26.08.2019 alongwith application
for stay. 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 the application for stay on
18.09.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 528/19 16.09.2019 Present : Appellant with Ld. counsels Sh. Abhijat and Sh. Arpit
Kumar.
Fresh appeal filed u/s 343 (2) and 347-B (1) (k) of the DMC
Act against the show cause notice dated 20.08.2019
alongwith application for stay. 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 the application for stay on
18.09.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 897/17 16.09.2019 Statement of Sh. Jatin Aggarwal S/o Late Sh. R.K. Aggarwal, appellant
R/o 181/5 Satya Niketan, Moti Bagh –2, New Delhi
On SA
I am the appellant in the present appeal, I may be permitted to withdraw
the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 868/14 16.09.2019 Statement of Sh. Jatin Aggarwal S/o Late Sh. R.K. Aggarwal, appellant
R/o 181/5 Satya Niketan, Moti Bagh –2, New Delhi
On SA
I am the appellant in the present appeal, I may be permitted to withdraw
the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
A.No. 605/15 16.09.2019 Statement of Smt. Saroj W/o Sh.Ajit Singh, appellant R/o 42-B (first
floor), Plcket-C, SFS Flats, Green View Apartment, Mayur Vihar, Phase-
III, Delhi-96.
On SA
I am the appellant in the present appeal, I may be permitted to withdraw
the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.09.2019
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