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Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status...

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Page 1: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final
Page 2: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 384/15 10.07.2017

Present : None for appellant.

Mohd Khalid, proxy counsel for Sh. Naveen

Grover, counsel for MCD.

None has appeared on behalf of appellant.

In the interest of justice, matter is adjourned for final

arguments on 14.11.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 3: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 222/15 10.07.2017

Present : None for appellant.

Sh.V.K.Aggarwal, proxy counsel for Ms.

Nagina Jain, counsel for MCD.

Ld. counsel for respondent filed status report. As per

status report there are two towers installed at the premises

and both have been sealed. From the record it is evident

that record pertained to the Idea Cellular Ltd. has been filed

by the respondent. Hence, respondent is also directed to

file the record of other tower.

Ld. counsel for respondent submits that the power of

attorney filed by the appellant has already been expired on

31.03.2016 as per the Board Resolution filed by the

appellant, therefore, appeal is not maintainable.

Put up this matter for filing of status report by the

respondent / final arguments on 14.11.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 408/15 10.07.2017

Present : Sh. Jatan Singh, counsel for appellant.

Sh.V.K.Aggarwal, counsel for SDMC.

Ms. Vinnie Sharma, proxy counsel for

Monitoring Committee.

Ld. counsel for appellant submits that appellant has

deposited the misuse charges. Further, he submits that

appellant is ready to give undertaking that he will not use

the property in question for commercial purpose and will use

the same for residential purpose or any other purpose as

provided in MPD-2021. He also submits that appellant is a

lawyer company and thus permitted to run the office from

basement being professional activities.

Final arguments heard.

Put up this matter for clarification if any/ orders on

27.07.2017.

In the meanwhile respondent is directed to file the

status report whether appellant has deposited the misuse

charges or not atleast one week prior to the date fixed failing

which it will be presumes that same has been deposited by

the appellant.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 5: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 946/16 10.07.2017

Present : Sh. Gaurav Jain, counsel for appellant.

Sh. Raj Bhushan, JLO from EDMC.

Ld. counsel for appellant seeks some more time to

file amended appeal.

In the interest of justice, last and final opportunity is

granted for filing of amended appeal by the appellant on

14.11.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 6: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 1100/16 10.07.2017

Present : Sh. Sarsij Nayanam, counsel for appellant.

Sh. Raj Bhushan, JLO from EDMC alongwith

Sh. S.K. Katara, AE(B).

Vakalatnama of Sh. Randhir Kumar Singh on behalf

of respondent filed.

AE(B) submits that there is no file with the address

C-1/56, Khasra No.410, Village Bihari Pur, Dayal Pur

Extension, Ilaka Shahdara, Delhi-94.

At the request of both the parties let joint inspection

of property in question be carried out on 20.07.2017 at 2.00

PM.

Put up this matter for filing of status report, reply of

the appeal and record by the respondent on 01.08.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 7: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 1099/16 10.07.2017

Present : Sh. Sarsij Nayanam, counsel for appellant.

Sh. Mukesh Sharma, counsel for EDMC

alongwith alongwith Sh. S.K. Katara, AE(B).

Vakalatnama on behalf of respondent filed.

AE(B) submits that the tower installed at the property

in question i.e. Khasra No. 484, Village Tukmirpur, Majra

Biharipur, Illaqa Shahdara, Delhi-94 has been removed from

the site on 22.09.2016.

At the request of Ld. counsel for appellant, let joint

inspection of the property be carried out on 20.07.2017 at

2.00 PM to verify whether the tower is installed at the

premises or not.

Put up this matter for filing of status report, reply of

the appeal and record by the respondent on 01.08.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 8: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 724/16 & 727/16 10.07.2017

Present : Sh. Praveen Suri, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Sanjay Gupta, ALO.

Ld. counsel for respondent seeks some more time to

file status report.

In the interest of justice, last and final opportunity is

granted for filing status report by the respondent on

04.09.2017, failing which concerned Dy. Commissioner will

appear in person.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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M.No. 24/17 10.07.2017

Present : Sh. Raghav Ranjan Srivastav, counsel for

applicant.

None for respondent.

None for Monitoring Committee.

None has appeared on behalf of NDMC despite

service of notice.

Issue show cause notice to concerned head of

NDMC as well Member of Monitoring Committee to explain

why nobody has appeared on their behalf for 12.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 10: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 271/17 10.07.2017

Present : Sh. Praveen Suri, counsel for appellant.

Ms. Sarita, proxy counsel for Sh. Umesh

Gupta, counsel for MCD.

Ld. proxy counsel for the respondent has filed

vakalatnama as well as status report. Copy of status report

supplied.

Record has already been filed by the respondent.

Let respondent to file complete status report whether

property in question is regularizable or not without going into

the issue of floor wise policy.

Put up this matter for filing of status report by the

respondent on 24.08.2017.

Copy of the order be given dasti to both the parties,

as prayed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 1198/15 10.07.2017

Present : Sh. Nilesh Kumar Bhardwaj, proxy counsel for

appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Ld. proxy counsel for appellant seeks some more

time to deposit the misuse charges.

Let the same be deposited. Copy of receipt be

supplied to concerned AE(B) atleast two weeks prior to the

date fixed and AE(B) will file status report whether amount

has been deposited or not.

Put up this matter for final arguments on 26.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 12: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 607/16 10.07.2017

Present : Sh. Dalip Rastogi, counsel for appellant

Sh.V.K.Aggarwal, counsel for MCD alongwith

Sh. Abdul Haq, JLO.

Ld. counsel for respondent filed status report. Copy

supplied. As per status report the appellant is liable to pay a

sum of Rs. 59,041.77/- as misuse charges / registration

charges/ 10 times penalty and same has not been deposited

till date.

Ld. counsel for appellant submits that appellant will

either deposit the charges or file objections to the status

report.

Copy of receipt be supplied to concerned AE(B)

atleast two weeks prior to the date fixed and AE(B) will file

status report whether amount has been deposited or not.

Put up this matter for final arguments on 19.09.2017.

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

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 473/13, 1014/13, 1015/13 & 1016/13

10.07.2017

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. H.R. Aggarwal, counsel for DDA alongwith Ms.

Neeru Sharma, Nodal Officer and Sh. Tejpal

Singh, Kanungo for DDA.

Sh. Sujoy Gaur, proxy counsel for Sh. Navin Mata,

counsel for Monitoring Committee in appeal no.

473/13.

Sh. Himanshu Harbola, counsel for Monitoring

Committee in appeal no. 1014/13, 1015/13 &

1016/13.

Ld. Counsel for MCD and DDA has filed status report.

Copies supplied. As per status report of MCD the property in

question was jointly inspected on 05.07.2017. The report has

been filed only qua the 149 properties, though as per the previous

report 240 commercial establishments were sealed. Nothing is

mentioned about remaining properties as according to previous

status report 240 were sealed and further said land is owned by

DDA whether DDA has taken any action to recover the

possession and whether it intent to take the possession of the

same or not.

Further, DDA has filed new letter dated 09.11.2016 written

to the joint secretary, Ministry of Urban Development, regarding

its proposal for transfer of land at Mangolpur Kalan from DDA to

Development Department of GNCTD. Let reply of the said letter

be filed.

In the circumstances, let fresh status of the remaining

properties be also filed in this regard. Further, respondent

corporation will file status report whether appellants are liable to

pay any misuse charges or not.

For the said purpose, they are allowed to deseal the

property on 24.07.2017 at 11.00 AM and reseal the same after

the inspection on the same day.

Put up this matter for filing of status report by the

respondent corporation as well as DDA on 11.09.2017.

Copy of the order be given dasti to all the parties, as

prayed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 452/17 10.07.2017

Present : Sh. Jitender Saini, counsel for appellant.

Sh. Varun Khera, proxy counsel for SDMC.

Vakalatnama of Sh. Jatin Aggarwal on behalf of

respondent filed.

Ld. proxy counsel for the respondent seeks time to

file reply of the appeal and record.

Put up this matter for filing of reply of the appeal and

record by the respondent on 26.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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M.No. 33/17 10.07.2017

Present : Sh. Dalip Rastogi, counsel for applicant.

Arguments heard on application for revival of the

appeal.

Issue notice of the application to the respondent

corporation as well as Monitoring Committee for 26.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 86/15 10.07.2017

Present : Sh. Pawan Behl, counsel for appellant.

Sh. Hukam Singh, AE(B) alongwith Sh. Ashok

Kumar, ALO for SDMC.

Fresh vakalatnama on behalf of appellant filed.

Status report filed by the respondent. Copy supplied.

As per status report the file has been sent to Building (HQ)

for clarification and decision whether appellant is also

required to pay conversion charges or not.

In the interest of justice, last and final opportunity is

granted to file the same on 29.07.2017, failing which

concerned Dy. Commissioner will appear in person.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 320/17 & 343/17 10.07.2017

Present : Sh. Desh Deepak, counsel for appellant.

Sh. Shashikant Sharma / Sh. R.K. Singh, counsel

for MCD.

Vakalatnama on behalf of respondent filed.

Status report filed by the respondent corporation. Copy

supplied. As per the status report application for Sanctioned

Building Plan for construction of residential building on plot no.

435/10, out of Khasra No. 486, Khewat No. 613, Hardevpuri,

Delhi was received and the building plan was sanctioned on

03.09.2010. A complaint dated 26.09.2016 was received that

Sanctioned Building Plan was obtained by appellant by showing

wrong location of plot and road in part layout plan submitted with

the building plan application and also constructed the building in

lieu of that sanction on the open land adjoining to F-11(Pvt. No. F-

11-B) earmarked for community facilities in the approved layout

plan of East Jyto Nagar. Therefore, a show cause notice dated

08.03.2017 was issued to appellant for revoking of Sanctioned

Building Plan. The appellant filed reply, in which he could not give

any reasonable justification for showing the wrong location of plot

and road in the part layout plan submitted with the building plan

application, therefore, Sanctioned Building Plan was revoked.

In the circumstances, respondent to file layout plan

whether the property in question is situated showing specifically

the plot about which sanction was granted and the plot on which

the appellant has raised the building.

In the meanwhile respondent will file status report whether

detail of construction mentioned in the affidavit filed by the

appellant is correct or not, by the next date of hearing.

Put up this matter for filing of layout plan by the

respondent and for final arguments on 25.10.2017.

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

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 318/17 & 344/17 10.07.2017

Present : Sh. Desh Deepak, counsel for appellant.

Sh. Shashikant Sharma / Sh. R.K. Singh, counsel

for MCD.

Vakalatnama on behalf of respondent filed in appeal

no.318/17.

Status report filed by the respondent corporation. Copy

supplied. As per the status report application for Sanctioned

Building Plan for construction of residential building on plot no.

435/10, out of Khasra No. 486, Khewat No. 613, Hardevpuri,

Delhi was received and the building plan was sanctioned on

03.09.2010. A complaint dated 26.09.2016 was received that

Sanctioned Building Plan was obtained by appellant by showing

wrong location of plot and road in part layout plan submitted with

the building plan application and also constructed the building in

lieu of that sanction on the open land adjoining to F-11(Pvt. No. F-

11-B) earmarked for community facilities in the approved layout

plan of East Jyoti Nagar. Therefore, a show cause notice dated

08.03.2017 was issued to appellant for revoking of Sanctioned

Building Plan. The appellant filed reply, in which he could not give

any reasonable justification for showing the wrong location of plot

and road in the part layout plan submitted with the building plan

application, therefore, Sanctioned Building Plan was revoked.

In the circumstances, respondent to file layout plan

whether the property in question is situated showing specifically

the plot about which sanction was granted and the plot on which

the appellant has raised the building.

In the meanwhile respondent will file status report whether

detail of construction mentioned in the affidavit filed by the

appellant is correct or not, by the next date of hearing.

Put up this matter for filing of layout plan by the

respondent and for final arguments on 25.10.2017.

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

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 319/17 & 346/17 10.07.2017

Present : Sh. Desh Deepak, counsel for appellant.

Sh. Shashikant Sharma / Sh. R.K. Singh, counsel

for MCD.

Vakalatnama on behalf of respondent filed.

Status report filed by the respondent corporation. Copy

supplied. As per the status report application for Sanctioned

Building Plan for construction of residential building on plot no.

435/10, out of Khasra No. 486, Khewat No. 613, Hardevpuri,

Delhi was received and the building plan was sanctioned on

03.09.2010. A complaint dated 26.09.2016 was received that

Sanctioned Building Plan was obtained by appellant by showing

wrong location of plot and road in part layout plan submitted with

the building plan application and also constructed the building in

lieu of that sanction on the open land adjoining to F-11(Pvt. No. F-

11-A) earmarked for community facilities in the approved layout

plan of East Jyoti Nagar. Therefore, a show cause notice dated

08.03.2017 was issued to appellant for revoking of Sanctioned

Building Plan. The appellant filed reply, in which he could not give

any reasonable justification for showing the wrong location of plot

and road in the part layout plan submitted with the building plan

application, therefore, Sanctioned Building Plan was revoked.

In the circumstances, respondent to file layout plan

whether the property in question is situated showing specifically

the plot about which sanction was granted and the plot on which

the appellant has raised the building.

In the meanwhile respondent will file status report whether

detail of construction mentioned in the affidavit filed by the

appellant is correct or not, by the next date of hearing.

Put up this matter for filing of layout plan by the

respondent and for final arguments on 25.10.2017.

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

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 317/17 & 345/17 10.07.2017

Present : Sh. Desh Deepak, counsel for appellant.

Sh. Shashikant Sharma / Sh. R.K. Singh, counsel

for MCD.

Vakalatnama on behalf of respondent filed in appeal

no.318/17.

Status report filed by the respondent corporation. Copy

supplied. As per the status report application for Sanctioned

Building Plan for construction of residential building on plot no.

435/10, out of Khasra No. 486, Khewat No. 613, Hardevpuri,

Delhi was received and the building plan was sanctioned on

03.09.2010. A complaint dated 26.09.2016 was received that

Sanctioned Building Plan was obtained by appellant by showing

wrong location of plot and road in part layout plan submitted with

the building plan application and also constructed the building in

lieu of that sanction on the open land adjoining to F-11(Pvt. No. F-

12-A) earmarked for community facilities in the approved layout

plan of East Jyoti Nagar. Therefore, a show cause notice dated

08.03.2017 was issued to appellant for revoking of Sanctioned

Building Plan. The appellant filed reply, in which he could not give

any reasonable justification for showing the wrong location of plot

and road in the part layout plan submitted with the building plan

application, therefore, Sanctioned Building Plan was revoked.

In the circumstances, respondent to file layout plan

whether the property in question is situated showing specifically

the plot about which sanction was granted and the plot on which

the appellant has raised the building.

In the meanwhile respondent will file status report whether

detail of construction mentioned in the affidavit filed by the

appellant is correct or not, by the next date of hearing.

Put up this matter for filing of layout plan by the

respondent and for final arguments on 25.10.2017.

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

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 124/12 & 540/11 10.07.2017

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. H.R. Aggarwal / Sh. Dharamvir Gupta,

counsel for MCD.

Vakalatnama on behalf of respondent filed in appeal

no. 540/11.

An application U/o 16 Rule 3 CPC filed by the

appellant Sh. Sunil Ahuja and Sh. Prem Ahuja both sons of

Sh. Bhagwan Dass Ahuja is pending for disposal.

Statement of the Sh. Prem Ahuja in this regard has been

recorded separately who depose that his father expired on

26.12.2016 leaving behind following LRs Smt. Chander

Kanta Malhotra, Daughter, Smt. Usha Kiran Kataria,

Daughter, Smt. Shashi Sial, Daughter, Shri Sunil Ahuja,

Son, Shri Prem Ahuja, Son, and further submits that his

sister has issued RD in their favour. Let applicant to call his

sisters for recording their statement that they have executed

RD in favour of his brothers.

Put up this matter for arguments on 09.10.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 762/13 10.07.2017

Present : Sh. Chand Zafar, counsel for appellant.

Sh.V.K.Aggarwal, proxy counsel for MCD.

Ld. counsel for appellant seeks some more time to

deposit the misuse charges / penalty.

In the circumstances, case is adjourned to

20.11.2017 for arguments.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 824/16 10.07.2017

Present : Sh. R.P. Singh, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Ld. counsel for appellant submits that since the

respondent has sealed the property in question in

pursuance of the order passed by the NGT, therefore, he

want to approach the NGT for desealing the property in

question and prayed for withdrawal of the present appeal

with liberty to file fresh appeal before the NGT. Statement

of the appellant has been recorded in this regard separately.

In view of the statement of appellant, the present

appeal is dismissed as withdrawn with liberty to file fresh

appeal before the NGT, as per law. The file of the

department, if any, be returned to the respondent alongwith

copy of this order. One copy of the order be sent to

Commissioner concerned through concerned Chief Law

Officer. File be consigned to record room.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 516/13 10.07.2017

Present : Sh. G.S. Narula counsel for appellant.

Sh.V.K.Aggarwal, counsel for MCD alongwith

Sh. Kuldeep Chopra, AE(B) .

AE(B) submits that a sum of Rs. 14,02,910/- has

been deposited by the appellant vide G-8 receipt no. 71758

on 12.04.2017 with the respondent Corporation.

Put up this matter for orders at 4.00 .M.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 516/13 10.07.2017 04.00 P.M.

Present : Sh. G.S. Narula counsel for appellant.

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

Vide separate detailed order, the present appeal is

allowed.

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

respondent alongwith copy of this order. One copy of the

order be sent to Commissioner concerned through Chief

Law Officer concerned for necessary action. File be

consigned to record room.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 465/17 10.07.2017

Present : Sh. S.D. Dixit, counsel for appellant.

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

Memo of appearance on behalf of respondent filed.

Ld. counsel for respondent seeks some more time to

file record.

Ld. counsel for appellant has filed copy of existing

Sanctioned Building Plan.

Put up this matter for filing of record and arguments

on 14.07.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 682/13 10.07.2017

Present : None for appellant.

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

Ld. counsel for respondent some more time to file

sealing order no. 75/AE(B)/SZ/08/51 dated 17.06.2008. Let

said record be filed by the respondent by next date of

hearing.

Put up this matter for filing of said record by the

respondent and arguments on 01.08.2017. Copy of the

order be given dasti to counsel for respondent, as prayed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 115/12 & 542/11 10.07.2017

Present : None for appellant.

Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,

counsel for MCD.

Sh. Sujoy Gaur, proxy counsel for Sh. Navin

Mata, counsel for Monitoring Committee.

Vakalatnama on behalf of respondent filed in appeal

no. 542/11.

Put up this matter with connected appeal no. 540/11

and 124/12 on 09.10.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 54/12 & 55/12 10.07.2017

Present : Sh. K.N.Singh, counsel for appellant.

Sh. H.R. Aggarwal / Sh. Dharamvir Gupta /

Sh. Naresh Kumar, counsel for MCD.

Ld. counsel for respondent has filed status report

alongwith copy of circulars.

Ld. counsel for appellant submits that the respondent

has filed the rules / circulars which were prevailing in the

year 2010-11 and 2013-14 but he has applied for

regularization in the year 2008 and his application was

rejected in the year 2008, therefore, respondent was

directed to file rules of 2008.

Let respondent to file the rules / circulars with regard

to width of road of 15’ was in the year 2008 or not.

Ld. counsel for appellant submits that appellant is

ready to demolish the projections which are on municipal

land if the appellant is allowed the temporary desealing of

the property in question and he pray for the temporary

desealing of the property for the said purpose.

Ld. counsel for respondent has no objection for

temporary desealing of the property for the purpose of

demolition / removal of projections on municipal land,

hence, I order the respondent to deseal the property in

question on 17.07.2017 at 11.00 AM and reseal the same

on 21.07.2017 at 04.00 PM. During this period appellant will

not carry out any construction / addition / alteration / repair

in the property and will not use the property for any other

purpose except for removal of projections on municipal land.

Put up this matter for filing of status report by the

respondent and arguments on 20.09.2017. Copy of the

order be given dasti to both the parties, as prayed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 1048/16 10.07.2017

Present : Sh. Dalip Rastogi, counsel for appellant.

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

Part arguments heard.

From the impugned order it is evident that the

building plan has been rejected due to non compliance of

objections contained in IN dated 28.05.2015 & 10.12.2015.

Ld. Counsel for appellant submits that respondent

has only rejected the Sanctioned Building Plan as letter was

filed by the appellant for eviction of his tenant before the

ARC and the said case has no concern with the ownership

title of property in question, hence, a refusal of Sanctioned

Building Plan is not sustainable.

Let respondent to file status report which point is

mentioned in the IN dated 28.05.2015 and 10.12.2015

which has not been complied by the appellant.

Put up this matter for filing of status report by the

respondent and arguments on 26.09.2017. Copy of the

order be given dasti to both the parties, as prayed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 559/13 10.07.2017

Present : Sh. Surender Verma, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Ld. counsel for respondent has filed photocopy of the

dak register showing that show cause notice was sent to the

appellant alongwith photo copy of the postal receipts.

In the meanwhile respondent will file the Sanctioned

Building Plan of the property in question showing the

deviations which are beyond Sanctioned Building Plan.

Put up this matter for filing of status report by the

respondent and arguments on 15.11.2017. Interim stay, if

any, is extended till next date.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 776/16 10.07.2017

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Sh. Rajeev Kumar counsel for applicant.

An application under rules 14 & 17 of DMC Act

Appellate Tribunal (Procedure) Rules 1986 alongwith

documents has been filed by the applicant. Copy supplied.

Ld counsel for appellant submits that respondent has

issued show cause notice dated 11.08.2015 for

unauthorized construction in the shape of deviations/excess

coverage against Sanctioned Building Plan dated

19.01.2012 from Stilt to third floor. However, the same has

not been specified in the order. On perusal of the record I

found that Sanctioned Building Plan is not in the record,

neither same has been filed by the respondent. therefore,

both respondent and appellant are directed to file

Sanctioned Building Plan showing the deviations which are

beyond Sanctioned Building Plan.

Put up this matter for filing of reply of the application

filed by the applicant as well as for filing of status report by

the respondent on 09.11.2017. Interim stay, if any, is

extended till next date.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 562/13, 564/13 & 568/13 10.07.2017

Present : Sh. Hemant Kaushik proxy counsel for

appellant.

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

Proxy counsel for appellant submits that main

counsel is not available as he is ill and seeks adjournment.

In the interest of justice, last and final opportunity is

granted for final arguments on 16.10.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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M.No. 06/13 10.07.2017

Present : Sh. R.Y. Kalra counsel for appellant.

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

Ms. Nirmala Gupta counsel for DDA alongwith

Ms. Neeru Sharma, Nodal officer and Sh.

Ishwar Chand, Kanungo, DDA.

Ms. Vinnie Sharma proxy counsel for

Monitoring Committee.

Ld. counsel for DDA submits that he need to verify

whether the property in question falls within the jurisdiction

of DDA or not and seeks adjournment.

In the interest of justice, last and final opportunity is

granted for final arguments on 25.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 374/17 10.07.2017

Present : Sh. Hemant Payak counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

An application under section 151 CPC on behalf of

appellant seeking permission to restore the position of

construction as it existed prior to commencement of

construction on 01.04.2017 has been filed by the appellant

is pending for disposal. Let copy of the same be supplied to

the counsel for respondent today itself and respondent is

directed to file reply of the same.

Put up this matter for filing of status report by the

respondent and arguments on 31.08.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 495/17 10.07.2017

Present : Sh. H.S. Kohli, counsel for appellant.

Present appeal has been filed against demolition

order dated 02.06.2017.

Let notice of the appeal and application be issued to

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

is directed to file entire record of the proceedings and reply

of the appeal on date fixed.

Put up this matter on 14.07.2017. Notice be given

dasti.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 494/17 10.07.2017

Present : Sh. B.L. Chawla, counsel for appellant.

Present appeal has been filed against order dated

16.03.2016, whereby respondent has ordered to demolish

the unauthorized construction in the shape of excess

coverage / deviations against the Sanctioned Building Plan

dated 31.03.1984 at ground floor and entire first floor.

Let notice of the appeal and application be issued to

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

is directed to file entire record of the proceedings and reply

of the appeal on date fixed.

Put up this matter on 20.07.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 477/17 10.07.2017

Present : Sh. R.P. Sirohi, counsel for appellant.

An application under 1 rule 10 CPC has been filed for

impleading M/s ATC Telecom Infrastructure Pvt. Ltd. as a

necessary party alongwith amended memo of parties.

Issue notice of application to the proposed

respondent through ordinary process as well as through

registered AD and Speed Post, for the date already fixed i.e.

on 24.07.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 236/17 & 262/17 10.07.2017

Present : Sh. Yogesh Kumar, counsel for appellant.

File taken up on an application for clarification /

modification or order dated 24.05.2017.

Issue notice of the application to the respondent for

the date already fixed i.e. on 26.09.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 493/17 10.07.2017

Present : Sh. Peeyush Kalra, counsel for appellant.

This is an appeal against the revocation of

Sanctioned Building Plan dated 30.06.2017 for property

bearing no. B-55, Greater Kailash Part-I, New Delhi.

Let notice of the appeal and application be issued to

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

is directed to file entire record of the proceedings and reply

of the appeal on date fixed.

Put up this matter on 19.07.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 486/15 10.07.2017

Present : Sh. H.S. Kohli with Sh. T.D. Sharma, counsel

for appellant.

File taken up on an application filed by the appellant

to take Indemnity Bond and undertaking on record.

Indemnity Bond and undertaking is accepted.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 133/14, 141/14, 148/14, 151/14 & 622/14 to 625/14. 10.07.2017

Present : Sh. K.N. Singh / Sh. J. Mohan, counsel for

appellant.

Sh. Dharamvir Gupta / Sh. A.L. Agnihotri,

counsel for North DMC.

Final arguments heard.

Put up this matter for clarification if any/orders on

08.08.2017.

Both the parties are at liberty to file written

submissions if any within two weeks prior to the date fixed.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 641/16 10.07.2017

Present : Appellant in person.

Ms. Nirmala Sharma, counsel for respondent

SDMC.

Ms. Neeru Sharma Nodal officer for DDA.

Case is fixed for orders.

However DDA has filed standard building plan.

Appellant has filed the allotment letter.

Put up this matter for clarification if any/orders on

10.08.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 516/13 10.07.2017

Present : Sh. G.S. Narula, counsel for appellant.

Sh.V.K.Aggarwal, counsel for MCD alongwith

Sh. Kuldeep Chopra, AE(B).

None for Monitoring Committee.

Ld. counsel for the appellant submits that appellant

has deposited a sum of Rs. 14,02,910/- vide G8 Receipt No.

71758 on 12.04.2017.

AE(B) admits that appellant had deposited the

misuse charges of Rs. 14,02,910/-. His statement has been

recorded separately.

Put up this matter at 4.00 PM for orders.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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It is submitted by Ld. counsel for respondent that this

is an appeal against sealing order, but as per status report

there is no sealing record available and sealing of the

property was done on 02.05.2011 and 04.05.2011 as per

the directions of the Monitoring Committee. The property in

question falls in unauthorized colony and not abutting any

notified commercial road and as such no conversion /

parking charges are leviable at this stage. It is submitted by

Ld. counsel for the appellant that on this ground the appeal

be set aside and remanded back for deciding the same

afresh.

In the interest of justice, the matter is remanded back

to the Dy. Commissioner, Shahdara South Zone for deciding

the same afresh. The respondent shall provide the

opportunity of submitting reply of the show cause notice as

well as personal hearing to the appellant who is directed to

appear in the office of Dy. Commissioner, Shahdara South

Zone on 27.07.2017 at 3:00 p.m. on which date the

appellant is permitted to file additional reply, document and

written submissions, if any. Appellant, however shall not

seek any adjournment on any ground for personal hearing

or for filing any document or written submission or for

submitting reply of the show cause notice.

The Dy. Commissioner, Shahdara South Zone

thereafter shall pass the speaking order and deal with all the

submissions, pleas and the defences raised by the

appellant and shall complete the proceedings maximum

within three months thereafter.

With these observations appeal is remanded back.

The appellant shall not raise any further construction in the

said property nor shall sell it or create any third party

interest in the same till the matter is decided afresh by the

Dy. Commissioner concerned or till the period of three

months whichever is later. Appellant shall also not carry

out any repair (except whitewash) in this property without

written permission of Dy. Commissioner concerned.

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The appeal is, thus, disposed off. The file of the

department, if any, be returned to the respondent alongwith

copy of this order. Appeal file be consigned to record room.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 171/17 10.07.2017

Present : Counsel for parties.

One of the regular Stenographer is on leave.

Put up for the purpose already fixed on 21.07.2017.

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 52: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 53: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 54: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 55: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 56: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 57: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 58: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 10.07.2017

Present :

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 59: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. Statement of Sh.

ON SA

RO&AC

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 516/13 Statement of Sh. Kuldeep Chopra, AE(B) , Shahdara South Zone.

ON SA

AE(B) submits that the appellant has deposited misuse charges of

Rs. 14.02,910/- vide G-8 receipt no. 71758 on 12.04.2017 with the

respondent corporation.

RO&AC

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No.

RO&AC

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

Page 62: Amcdonline.gov.in/at/dailyordersnew/5_10.07.2017.pdf · Ld. counsel for respondent filed status report. ... Put up this matter for filing of status report by the respondent / final

A.No. 824/16 Statement of Sh. Rajesh Lakra, S/o Late Sh. Om Parkash Lakra, aged 45

years, R/o H. No. 303, Mundka Village, Nangloi, Delhi-41

ON SA

I want to withdraw the present appeal as the respondent has

sealed the property in question in pursuance of the order dated

12.12.2013 in the case titled as Satish Kumar Vs. UOI and Mr. Mahavir

Singh Vs. UOI. Therefore, I want to approach the NGT for desealing the

property in question bearing no. 98/23, Swaran Park, Mundka, Delhi with

liberty to file fresh appeal before the NGT as per law. Hence, the present

appeal be dismissed as withdrawn.

RO&AC

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017

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A.No. 540/11 & 124/12 Statement of Sh. Prem Ahuja, S/o Late Sh. Bhagwan Dass Ahuja, aged

51 years, R/o 7/56, Old Rajinder Nagar, New Delhi

ON SA

I am son of appellant who has expired on 26.12.2016. Copy of

death certificate is Ex. P-1. He has left behind following LRs :

1. Smt. Chander Kanta Malhotra Daughter

2. Smt. Usha Kiran Kataria Daughter

3. Smt. Shashi Sial Daughter

4. Shri Sunil Ahuja Son

5. Shri Prem Ahuja Son

He has not left behind any other LRs except the above and has not

executed any Will. Smt. Chander Kanta Malhotra, Smt. Usha Kiran

Kataria and Smt. Shashi Sial had executed relinquishment deed dated

10.02.2017 thereby release and relinquish their share in the property in

question i.e. 7/56, Old Rajender Nagar, in favour of myself and my

brother Shri Sunil Ahuja. This is my true and correct statement.

Photocopy of relinquishment deed is Ex. P-2. Photocopy of my Driving

Licence is Ex.P-3.

RO&AC

(SANJEEV KUMAR) Appellate Tribunal:MCD

10.07.2017


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