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Amcdonline.gov.in/at/dailyordersnew/429_16.10.2018.pdf2018/10/16  · A.No. 550/17 to 601/17, 624/17...

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A.No. 277/16 16.10.2018 Present : None for appellant. Sh. Dharamvir Gupta, counsel for MCD. None has appeared on behalf of the appellant. Put up this matter at 02.00 pm. (RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD 16.10.2018 02.30 pm Present : Sh. Kishor Kumar, proxy counsel for Sh. H.S. Dhawan, counsel for appellant. Sh. Dharamvir Gupta, counsel for MCD. Adjournment sought by the appellant. In the interest of justice, last and final opportunity is granted for withdrawal of the appeal / final arguments on 26.11.2018. (RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD 16.10.2018
Transcript

A.No. 277/16 16.10.2018

Present : None for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

None has appeared on behalf of the appellant.

Put up this matter at 02.00 pm.

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

Appellate Tribunal:MCD 16.10.2018

02.30 pm

Present : Sh. Kishor Kumar, proxy counsel for Sh. H.S.

Dhawan, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Adjournment sought by the appellant.

In the interest of justice, last and final opportunity is

granted for withdrawal of the appeal / final arguments on

26.11.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to

694/17, 741/17 to 743/17 & 707/17

16.10.2018

Present : Sh. O.P. Verma / Sh. R.S. Chaggar / Sh.

Gaurav Kakkar / Ms. Priya Pathania / Sh.

Saurabh Pathak / Sh. Lakshay Raheja,

counsel for appellants.

Sh. Naresh Kumar / Ms. Vasu Singh / Sh. P.K.

Chauhan / Sh. Shashikant Sharma / Ms.

Nagina Jain / Sh. V.K. Aggarwal / Sh. Umesh

Gupta / Sh. Prashant Kumar Bhardwaj / Sh.

Vikas Gupta / Sh. Harbans Kaushal / Sh.

Ashok Kumar Khosla / Sh. Madan Sagar / Sh.

A.L. Agnihotri / Sh. H.R. Aggarwal / Sh. P.K.

Parasar, proxy counsel for Sh. S.K. Pruthi /

Sh. Amit Kumar Mittal / Sh. Amit Kumar, proxy

counsel for Sh. Naveen Grover / Sh. Vikas

Rohtagi, counsel for North DMC alongwith Sh.

R.K. Jain, AE(B) and Sh. Rajiv Garg, Nodal

Officer for North DMC.

Fresh Vakalatnama of Ms. Priya Pathania on behalf

of appellant filed in appeal no. 707/17.

Status report filed.

At the very outset, it is submitted by Sh. Rajiv Garg,

ALO and Sh. R.K. Jain, AE(B) that LOSC has taken a

decision on 15.10.2018 and the minutes are yet to be

received and the status report on the basis of said decision

alongwith copy of decision will be submitted within four

weeks.

In the status report filed today, it is submitted that

application for compounding of deviations of the flats in

question were examined by the department and the same

has been rejected by the competent authority after

considering the opinion given by the Building HQ.

A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to

694/17, 741/17 to 743/17 & 707/17

Nothing is mentioned in the status report in respect of

how many and which flat rejection order has been filed

though the individual order has been attached with the

status report.

Respondent is directed to file the status report for

each flat so that the said order may be placed / given to the

appellant who has filed separate appeal.

Copy of status report alongwith individual order has

already been supplied to counsel for appellant.

Put up this matter for filing status report regarding the

decision of LOSC on 13.12.2018.

Original order is placed in appeal file no. 550/17.

Attested copy of this order be placed in other appeals as

mentioned above.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 868/17 16.10.2018

Present : Sh. Subhash, brother of appellant.

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

Adjournment sought as counsel for appellant is not

available.

Concerned AE(B) is directed to appear in person on

next date of hearing for making the statement as tracking

record of service of show cause notice has not been filed.

Put up this matter for that purpose and further

proceedings on 23.10.2018.

Copy of order be given Dasti to counsel for

respondent for compliance.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 701/18 16.10.2018

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

alongwith appellant.

Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. Hukum Singh, AE(B).

Status report filed by the appellant.

Ld. counsel for appellant submitted that due to

inadvertent mistake the affidavit as was directed on

previous date could not be filed on the assumption that the

affidavit earlier filed with the appeal should be considered.

A request is made to permit the appellant to supply

the said copy of the affidavit to the AE(B) concerned.

In the interest of justice, subject to costs of Rs.

5,000/- to be deposited today with the Registrar, request for

supplying the affidavit to the AE(B) is allowed.

Let copy of affidavit be placed on record with the

directions to place one copy before this Tribunal and with

the directions to supply one copy to the respondent

alongwith site plan today.

Reply to the application u/s 5 of Limitation Act was

already filed. Once the status of construction is received,

the application for interim stay will be considered on merit

on next date of hearing.

Put up this matter for filing status report by the

respondent and arguments on interim application on

10.12.2018.

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

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

Appellate Tribunal:MCD 16.10.2018

A.No. 30/16 & 582/16 16.10.2018

Present : Ms. Bhawna, proxy counsel for Ms. Aditya

Nayyar, counsel for appellant.

Ms. Nagina Jain / Sh. V.K. Aggarwal, counsel

for MCD.

Status report filed stating that property has been

regularized by the department upon getting the applicable

compounding fee for regularization of existing construction

deposited by the appellant and for the present, there is no

requirement for execution of demolition order keeping in

view of present status of building at site.

Alongwith status report, copy of original noting dated

28.09.2018 is also submitted that these noting are the order

of regularization. It is mentioned in the said noting that on

inspection, it was found that no non-compoundable

deviations as the applicants have removed all the deviations

/ irregularity against sanctioned plan. The deviations of

compoundable nature are well taken into account and the

compounding fee towards the compoundable deviations has

been worked out, which comes to Rs. 97,000/-. Apart from

cess charges to the tune of Rs. 2,500/- is also payable.

It is further submitted that the demolition action will

be dropped close down after getting the regularization

charged deposited by the appellant and extending the

status of regularization thereof.

Vide status report dated 10.10.2017, it was reported

that the appellants were directed to deposit the amount of

Rs. 97,000/- and 2,500/-. AE(B) submits that the appellant

has deposited the said amount vide receipt dated

29.09.2018. Copy attached alongwith detailed area chart

giving details of expenses / compoundable fees.

Let the statement of appellant as well as AE(B) be

recorded in this regard.

A.No. 30/16 & 582/16

At this stage, adjournment sought by the AE(B) to file

formal order of regularization.

Respondent is directed to file status report alongwith

copy of said order, if any alongwith present status of

building whether the completion has been completed or any

construction is to be carried out in future alongwith

photographs.

Put up this matter for that purpose and filing status

report by the respondent on 29.10.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 465/16, 336/15 & 284/15 16.10.2018

Present : Sh. M.S. Khan, counsel for appellant.

File taken up today on an application moved by the

appellant for appointment of Local Commissioner.

Notice of the application be issued to the respondent

for 02.11.2018.

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

Appellate Tribunal:MCD 16.10.2018

M.No. 26/18 16.10.2018

Present : Sh. Avishek Kumar, counsel for appellant.

An application is moved by the appellant for

restoration of appeal which was dismissed on 08.10.2018.

On perusal of file, it is found that the process was

issued dasti but the same was not taken and served upon

the respondent.

For two dates, dasti process was not taken after

passing of order for service of notice to the respondent on

09.08.2018 and 05.09.2018.

For the reasons mentioned in the application, subject

to costs of Rs. 5,000/-, application for restoration of appeal

is allowed. Notice of the appeal was not served to the

respondent when the appeal was dismissed for non-

prosecution.

Let fresh notice of the appeal and application be

issued to the respondent through concerned Chief Law

Officer as per previous orders. AE(B) is directed to appear

in person and file entire record of the proceedings, reply and

status report of the appeal on the date fixed.

Costs be deposited before next date of hearing.

Appeal is restored to its original number and position.

Process be given Dasti.

Put up this matter on 19.12.2018 when other

connected appeal is listed.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 750/18 16.10.2018

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

Appeal has been filed against the sealing show

cause notice dated 25.07.2018.

It is stated that despite filing of application for

supplying the copy of order has not been filed. That

application is placed at page no. 63.

Respondent is directed to supply copy of order to the

appellant.

Notice of the appeal and application be issued to the

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

directed to appear in person and file entire record of the

proceedings, reply and status report of the appeal on the

date fixed.

Put up this matter on 15.11.2018.

Notice as well as copy of order be given Dasti, as

prayed.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 748/18 16.10.2018

Present : Sh. Rishabh Singhal, counsel for appellant.

Appeal has filed for quashing / setting aside the

sealing of property bearing no. B3/41-42, Second floor,

Sector-11, Rohini, Delhi.

Nothing is mentioned about the date and description

of sealing order.

It is stated that application was moved for getting the

sealing order which is placed at page no. 40-D which was

received in the office of respondent on 27.09.2018.

It is stated that copy of order has not been supplied.

Respondent is directed to supply the copy of sealing

order to the appellant.

Let the notice of the appeal and application be issued

to the respondent through concerned Chief Law Officer.

AE(B) is directed to appear in person and file entire record

of the proceedings, reply and status report of the appeal on

the date fixed.

Put up this matter on 02.11.2018.

Notice and copy of order be given Dasti.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 749/18 16.10.2018

Present : Sh. Yudhishter Sharma, counsel for appellant.

This is an appeal against the sealing show cause

notice.

Adjournment sought to file the copy of sealing order.

Put up this matter for consideration on 02.11.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 784/18 16.10.2018

Present : None for appellant.

This is an appeal against the sealing order dated

22.06.2018 communicated to the appellant alongwith

demolition order dated 07.08.2018.

On perusal of file, it is noticed that an agreement /

MOU filed by the appellant with regard to the construction of

the property in question. The said MOU for that alleged

construction has been made after November 2017.

Let the notice of the appeal and application be issued

to the respondent through concerned Chief Law Officer.

AE(B) is directed to appear in person and file entire record

of the proceedings as well as sealing order, reply and status

report and action taken report of the appeal on the date

fixed.

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

/ action taken report on 30.11.2018.

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

Appellate Tribunal:MCD 16.10.2018

M.No. 65/13 16.10.2018

Present : Mohd. Salim on behalf of appellant.

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

Mohd. Salim has filed photocopy of certified copies

as was directed on previous date.

Put up this matter for perusal of certified copies,

clarifications, if any / orders on 23.10.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 110/18 16.10.2018

Present : Sh. A.K. Sharma, counsel for appellant.

None for respondent.

Original record not produced.

Respondent is directed to produce the original

record.

Put up this matter for clarifications, if any / orders on

30.10.2018.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 409/18, 767/14, 1034/16, 1035/16 & 81/15 16.10.2018

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Vikas Kumar / Sh. Dharamvir Gupta / Sh.

Mohit Sharma / Sh. Sandeep Kaushik, counsel

for MCD alongwith Sh. Sachin Goel, Architect

Asstt. T.P.Department.

Vakalatnama of Sh. Vikas Kumar on behalf of

respondent filed in appeal No.409/18.

Record produced. Status report filed placed in

appeal No.409/18.

At the very outset, ld. counsel for appellant submitted

that status report does not speak of the rejection of

application moved for modification of layout plan on

18.01.2018.

The record produced containing copy of the

resolution No.95 of Standing Committee dated 18.01.2018

stating that proposal was considered by the Standing

Committee EDMC for modification in the approved lay out

plan of Balbir Nagar and and Shivaji Park Extn. by

incorporating / adjustment of plot No. 1/6355, Street No.5,

East Rohtash Nagar, Shahdara, Delhi-32 as a residential

plot. The said proposal has been rejected vide resolution

No.95 dated 18.01.2018 passed upon the recommendation

of Layout Plan Committee (LOSC) as contained in the

resolution dated 18.01.2018.

Respondent is directed to file detailed reply to the

appeal and the detailed status report incorporating the

decision of the Standing Committee dated 18.01.2018.

The ld. counsel for appellant at the very outset

submitted that in the order dated 13.09.2017 placed at page

No.110 of this appeal contained two more directions i.e. the

Land and Estate Department of EDMC will file status report

whether any further action taken for acquisition of the land

to construct the park as per decision No.2494/stg dated

A.No. 409/18, 767/14, 1034/16, 1035/16 & 81/15

28.10.1982. Other direction was to the respondent to file

status report whether at the site in question park has been

developed or not and if not how much properties are

constructed in the area which has been shown as park.

The respondent is directed to file the status report on

that two aspects also along status report regarding review of

proposal for modification in the layout plan.

Put up for filing of the above status report, entire

record and arguments on 16.11.2018.

Since it is an important matter, Dy. Commissioner

concerned is directed to file status report under his / her

signature and if found necessary, Dy. Commissioner to

appear in person for clarification and assistance.

Copy of the order be given Dasti to the respondent to

place the same before Dy. Commissioner concerned for

information and compliance.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 199/18 16.10.2018

Present : Ms. Kusum Lata Sharma, counsel for

appellant.

Ms. Nagina Jain, counsel for MCD.

Vakalatnama on behalf of respondent filed.

Status report filed.

It is stated that site plan of the existing construction

was not supplied alongwith the affidavit, therefore, status

report regarding verification of measurement not filed. Let

copy of the site plan be supplied today itself.

As per the status report show cause notice u/s 343

and 344 for unauthorized construction in the shape of

ground floor in property No.9955-56, Ram Bihari Road,

Ahata Thakur Dass, New Delhi. Demolition order was

passed on 28.07.2014 which was being treated as show

cause notice by the appellant.

After passing of the demolition order the appellant

submitted reply and his wife alongwith counsel also

attended the hearing. In the reply dated 24.07.2014 it was

stated that only repair work was undertaken which is

permissible in clause 6.4.1 and 14.2 of Building Bye Laws.

House tax bill for the year 1996-97, copy of order dated

07.08.2007 in CRP No.635/2003, MOU dt. 01.08.2007,

Electricity Bill for the period 30.08.2012 to 09.10.2012, Copy

of the order dated 28.02.2018in Writ Petition (C) No.

No.1200/2007, House tax bill of the year 1958, copy of

inspection report of the year 1957, copy of sale deed dated

25.05.2001 were submitted to show that the building was

old.

In the inspection report of the year 1957 one Kothri in

property No.9955 and one kothri in property No.9956 has

been shown which implies that the construction has been

raised thereafter. No document has been placed on record

to show that the unauthorized construction mentioned in the

show cause notice dated 28.07.2014 has been raised after

getting sanction or the same is authorized.

A.No. 199/18

Regularization application is stated to be pending.

Reply to the IN has been filed on 12.10.2018.

Let copy of the same be supplied to the respondent.

Respondent is directed to decide the said application within

four weeks and file the status report.

Put up this matter for filing of status report by the

respondent and arguments on interim stay application / final

arguments and for filing of documents, if any, on

08.04.2019.

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

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

Appellate Tribunal:MCD 16.10.2018

A.No. 511/18 16.10.2018

Present : Sh. Sunil Dutt, counsel for appellant.

Sh. Rajeev Garg, ALO.

Sh. Mikhil Sharda, counsel for respondent is not

available.

It is submitted by both the parties, the matter is listed

before Hon’ble High Court on 30.11.2018.

Put up for awaiting the orders of the High Court and

further proceedings on 10.12.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 487/18 & 710/18 16.10.2018

Present : Sh. Avishek Kumar, counsel for appellant.

Sh. R.K. Singh, counsel for respondent in

appeal No. 710/18 alongwith Sh. Raj

Bhushan, JLO and Sh. D.P. Sharma, AE(B).

Vakalatnama on behalf of respondent filed in appeal

No.710/18.

File taken up today on the preponement application

moved by the appellant.

The matter was originally listed for 08.01.2019.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Record shows that FIR was registered on 19.06.2018

in respect of property bearing No.459/2 (part), Shalimar

Park, Main Road, Delhi for deviation against Sanctioned

Building Plan by amalgamating two plots and projection on

public lane at stilt, ground floor, first floor, second floor and

third floor. Show cause notice was issued on 19.60.2018

served by speed post. Demolition order was passed on

07.07.2018 stating that reply submitted by the appellant

was not satisfactory as he has amalgamated two plots

which is not allowed and construction /deviation is against

the DMC Act and Building Bye Laws.

The sealing proceedings were initiated 26.06.2018.

A show cause notice dated 11.07.2018 was issued to the

appellant which was sent through speed post but no reply

was received from the owner. Sealing order was passed on

06.09.2018.

The said sealing order has been challenged by the

appellant in appeal No.710/18 listed for today.

The demolition action could not be taken place on

three dates due to shortage of time.

A.No. 487/18 & 710/18 -2-

In the said status report it is submitted that after

passing of the demolition order on 26.07.2018 Sh. Vijay Pal,

appellant submitted regularization application vide file

No.227/Regularization/2018 dated 18.07.2018 containing

existing plan and the rectification plan through his Architect

for regularization of the excess coverage/deviations and the

file was examined. IN was issued on 27.09.2018 asking the

appellant to submit chain of documents within 7 days.

Reply was submitted to the IN on 08.10.2018. 15 days time

was extended for submitting reply/clarification and required

documents.

It is further stated that sealing proceedings has been

initiated and sealing order has been passed on 06.09.2018.

Counsel for appellant submitted that he has

challenged the sealing order and moved an application for

preponement of the appeal against the demolition order

because in case the property was sealed, the appellant

would have been prevented from raising further construction

as per regularization plan.

Respondent is directed to decide the application

within two weeks.

Till the said application is decided, respondent

is restrained from taking any coercive action in the property

of the appellant bearing no.459/2 (Part), Shalimar Park,

Main Road, Bhola Nath Nagar, Shadara, Delhi-32 in

pursuance of demolition order dated 03.07.2018 as well as

sealing order dated 06.09.2018 till next date of hearing.

However, this order is subject to any order passed by

the Hon’ble Supreme Court / Hon’ble High Court / Hon’ble

NGT about sealing and demolition in respect of the property

in question.

Appellant is directed to file affidavit giving details of

construction with measurements of the existing construction

alongwith existing site plan and photographs of the property

in question within five working days, failing which stay order

granted shall deemed to be vacated.

A.No. 487/18 & 710/18 -3-

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 07.12.2018. Previous dates stand

cancelled.

Copy of the order be given Dasti to counsel for

parties, as prayed.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 752/18 16.10.2018

Present : Ms. Shruti Kapur, counsel for appellant.

This is an appeal against sealing order dated

07.11.2017. No application for condonation of delay has

been filed.

Adjournment sought to file the application seeking

condonation of delay.

Subject to filing of the said application, issue notice of

the appeal and application 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.

Put up this matter on 03.12.2018.

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

Appellate Tribunal:MCD 16.10.2018

A.No. 727/18 & 728/18 16.10.2018

Present : Sh. Sanjay Agnihotri, counsel for appellant.

Sh. Bharatdeep Singh, counsel for respondent

in appeal No.728/18. Memo of appearance on

behalf of respondent filed.

Sh. Amardeep Maini, counsel for respondent

in appeal No.727/18. Vakalatnama on behalf

of respondent filed alongwith Sh. Rajesh

Tewatia, AE(B).

Original record produced. status report not filed on

the ground that respondent has been served only today.

As per FIR dated 05.07.2018 the property bearing

No.83 (old) very old No.4495, New No.44, Kot Mohalla,

Basti Nizamuddin, New Delhi was booked for unauthorized

construction of ground floor and first floor.

Show cause notice was issued to Mr. Ahmad/

owner/builder on 05.07.2017. Demolition order dated

18.07.2017 was passed as no reply was received. No

demolition action was taken.

AE(B) submits that sealing action was initiated and

entire property was sealed on 14.11.2017 by fixing the seal

at ground floor at two points and for that reason the

demolition action has not been taken. However, the

subsequent construction continued and another FIR dated

12.07.2017 was lodged for unauthorized construction in

continuation of previous booking for unauthorized

construction at second floor in the same property. Show

cause notice was issued to Mr. Ahmed / owner/builder on

12.10.2017 and thereafter demolition order dated

24.10.2017 has been passed when no reply to the show

cause notice was received.

As per sealing record produced the property was

sealed on 17.11.2017.

A.No. 727/18 & 728/18 -2-

The appellant, as per the contents of the appeal, has

purchased the left side flat measuring 65 sq.yds. at first floor

of the said property constructed on 130 sq.yds vide

agreement to sell and purchase, GPA, Will, receipt and

possession letter dated 07.08.2017 from Mr. Ahmed Ali.

The appellant in appeal No.728/18 has purchased

the right hand side flat at first floor of the said building vide

agreement to sell and purchase, GPA, Will, receipt and

possession letter dated 07.08.2018 from Mr. Ahmed Ali.

The said documents were duly notarized by the

Notary Public but are un-registered documents.

It is mentioned in the appeal that on receiving the

vacation notice on 17.09.2018, the respondent came to

demolish the property and the appellant approached the

builder/seller and when they confronted the builder to take

action as well as criminal action, the builder then informed

that the property was sealed on 14.11.2017 and seal was

affixed by the respondent on the main gate at ground floor

of the property. He further informed that he has

clandestinely removed the seal and the respondent has

even lodged an FIR No.17/2018 dated 12.01.2018 in P.S.

Hazrat Nizamuddin u/s 188 IPC. Those documents as well

as show cause notice u/s 344 (1) read with 343 of the DMC

Act dated 05.07.2017 as well as show cause notice dated

31.07.2017 u/s 345A of the DMC Act and the vacation

notice u/s 349 of the DMC Act dated 16.08.2018 were

handed over to the appellant on 18.09.2018. All these

documents have been filed as Annexure-B, C, D, E and F.

It is, however, fairly conceded by the appellant in the

appeal that they never came to know about the demolition

order as mentioned above and the builder has played fraud

upon them. That the property is situated in Lal Dora land

where building plans are not sanctioned and as such

respondent has no authority to demolish the property in

question. Ld. counsel has, therefore, prayed that till the

A.No. 727/18 & 728/18 -3-

appeal is pending, the property be protected from demolition

as the appellants are the innocent purchaser and property

needs to be protected.

It is a very astonishing case. In case the property

has been demolished after its booking, the appellants who

are claiming to be innocent purchaser, would have been

saved from fraud by builder. The respondent has just

satisfied itself by fixing a seal at ground floor only and has

not done day to day monitoring to see whether the property

is lying sealed and there is no justification for not carrying

out demolition order in the garb of alleged sealing of the

property only at the ground floor.

The inaction on the part of the respondent official had

resulted apparently in executing the alleged sale documents

in favour of the appellant which does not convey any legal

title to the appellant qua the flats in question for which

appeals have been filed.

Hon’ble Division Bench of the Hon’ble High Court

vide order dated 12.02.2018 in Writ Petition (C)

no.9397/2017 titled as Rajesh Kumar Sharma Vs. Govt

of NCT Delhi & Anr. Held that:

“ATMCD shall examine the title of the

appellants in appeals which are brought

before it under 347B of the Delhi Municipal

Corporation Act, 1957”

Directions were issued to this Tribunal to examine

the title and authority of the persons who are filing the

appeals.

Ld. counsel for respondent has submitted that

appellants have no other documents except the sale

documents to establish that the property has been

constructed legally which has been purchased by them, as

no document regarding existing of the flats in question

.No. 727/18 & 728/18 -4-

before the cut of date i.e. 01.06.2014 having protection

under NCT of Delhi Laws (Special Provisions) (Second

Amendment) Act, 2014 are available with the appellants.

In view of these facts and circumstance, and in the

absence of documents, sale documents placed on record

are not the legal title documents and appellants have failed

to show any documents regarding the property in question,

which may show the existence of the flats in question before

01.06.2014, no ground of stay against the impugned

demolition order has been made out. The interim stay

application is accordingly dismissed.

Put up for filing further documents, if any and filing

status report by the respondent regarding action taken by

the SHO and explanation as to why the demolition action

has not been taken in the property in question from ground

floor to second floor because the second floor has been

raised after initial booking on 05.07.2017.

Dy. Commissioner concerned is directed to look into

the matter and take necessary action for inaction on the part

of the officials and file action taken report on next date.

Concerned AE(B) is directed to place the copy of the

order before Dy. Commissioner concerned for compliance

and information.

Put up this matter for filing of status report by the

respondent and arguments on 11.12.2018.

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

as prayed.

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

Appellate Tribunal:MCD 16.10.2018


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