A.No. 25/16 & 26/16 Status report filed stating that...

A.No. 25/16 & 26/16 12.04.2019

Present : Ms. Pooja Yadav, proxy counsel for appellant.

Sh. Madan Sagar, counsel for MCD alongwith

Sh. Ashok Kumar, AE(B).

Sh. S.S. Rana, counsel for applicant.

Status report filed stating that property was

temporarily desealed on 11.04.2019 for verification in the

presence of Smt. Bhawna and her brother-in-law. During

the inspection, it was found that mix malba in the form of

soil, debris and broken bricks were filled up in the sealed

portion which is in the form of a big pit approx. up to 3-4 ft.

depth.

It is stated that the said malba bricks might have

been collected for the purpose of creating basement by the

owner.

However, during the present inspection, no basement

was found in the sealed portion of the property but mix

malba in the form of soil, debris and broken bricks were

found filled up in the sealed portion which is in the form of a

big pit approx. up to 3-4 ft. depth. The property has been

resealed again.

Put up this matter for consideration of status report

and final arguments on 19.07.2019.

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

Appellate Tribunal:MCD 12.04.2019

A.No. 447/13 12.04.2019

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

Sh. H.R. Aggarwal, counsel for MCD

alongwith Sh. Rajiv Garg, Nodal Officer for

North DMC.

None for Monitoring Committee.

All parties are directed to file written submissions.

Put up this matter for filing written submissions and

final arguments on 10.07.2019. Last opportunity.



A.No. 462/15 12.04.2019

Present : Sh. Kaushal Kishor Mishra, counsel for

appellant alongwith appellant.

Sh. Dharamvir Gupta, counsel for MCD

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

Status report filed. Charges have been deposited.

Put up this matter for filing title documents by the

appellant and arguments on 27.05.2019.



A.No. 12/19 12.04.2019

Present : Sh. Vimal Dhingra, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD.

Status report filed. Record already attached in

appeal no. 125/18.

Put up this matter for consideration and arguments

on 31.05.2019.



A.No. 125/18 12.04.2019


Sh. Madan Sagar, counsel for MCD.

Appellant will withdraw the present appeal because

fresh appeal against the demolition order has already been

filed.

Put up this matter for withdrawal of the appeal on

31.05.2019.



A.No. 228/19 12.04.2019

Present : Sh. Surender Kumar, counsel for appellant

alongwith appellant.

Appellant has made a statement for withdrawal of the

present appeal unconditionally.

In view of the statement of appellant, the present

appeal is dismissed as withdrawn.

File be consigned to record room.



A.No. 390/11 12.04.2019

Present : Sh. Mithilesh Jha, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

Status report regarding the application for desealing

not filed.

Concerned Dy. Commissioner is directed to appear

in person alongwith status report on 26.07.2019.

Copy of order be given Dasti to Ms. Renu Soni,

Nodal Officer for placing the same before Dy. Commissioner

and compliance.



A.No. 244/15 & 964/13 12.04.2019

Present : Sh. Deepak Vats, proxy counsel for appellant.

Ms. Manjusha Jha, counsel for MCD.

It is stated that an application under Order XXII Rule

3 r/w section 151 CPC for impleading legal heirs of

appellant has been filed.

Let the copy of the same be supplied to the

respondent.

Put up this matter for filing reply and arguments on

07.08.2019.



A.No. 37/15 12.04.2019

Present : Sh. Sanjeev Kumar, AR of the appellant.

Sh. Sanjay Gupta, ALO for SDMC.

Status report was filed by the respondent on

29.08.2018 stating that no application for regularization has

been filed by the appellant.

Put up this matter for final arguments on 24.07.2019.



A.No. 51/19 12.04.2019

Present : Sh. B.S. Saini, counsel for appellant.

Ms. Manpreet Kaur, counsel for MCD.

Status report regarding regularization application filed

where no decision has been taken regarding regularization

application as the matter has been referred to Building HQ.

AE(B) is directed to appear in person alongwith

status report.

Appellant has filed certain objections to the status

report filed by the respondent on 25.02.2019.

Put up this matter for consideration / filing status

report by the respondent and arguments on 26.07.2019.



A.No. 679/18 12.04.2019

Present : Sh. Vikas, proxy counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Brij Mohan Sharma, L.I.

It is stated that title documents are already on record

in the form of sale deed.

Arguments on the application seeking condonation of

delay as well as final arguments heard.

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

08.05.2019.



A.No. 602/14 12.04.2019

Present : Appellant in person.

Sh. Anupam Sharma, counsel for DDA.

Sh. Rajender Kumar Varma, counsel for R-2 &

R-3.

Vakalatnama on behalf of respondent no. 2 & 3 filed.

Ld. counsel for DDA submitted that Sh. Ashish Dixit,

Legal Assistant has been appointed as Nodal Officer and

copy of order placed on record.

An application for early hearing was moved. There is

no ground for early hearing. Due to pendency of about

3000 matters, no possibility for early hearing. However, the

matter may be heard on 15.05.2019.

Previous date stands cancelled.



A.No. 577/16 12.04.2019

Present : None for appellant.


Sh. Arjun Sethi, owner of the premises.

Status report already filed.

Put up this matter for arguments, if required /

arguments / clarification, if any / orders on 08.05.2019.



A.No. 104/14 12.04.2019

Present : Sh. Sachin Batra, counsel for appellant.

Sh. Manoj Kumar, counsel for MCD alongwith

Sh. D.P. Sharma, AE(B).

Status report filed. Copy supplied.

An application is moved for issuance of notice to IRP.

Let notice of the application be issued to IRP for

24.07.2019.

Copy of order be given Dasti to both parties for

compliance.



A.No. 682/12 12.04.2019

Present : Sh. Sachin Batra, proxy counsel for appellant.


Status report filed alongwith permission letter dated

27.04.2019.

As per the regularization / permission letter dated

27.04.2019, permission / regularization of Cellular GBM /

GBT / RTT installed at property no. A-142, Surajmal Vihar,

Delhi has been granted subject to certain terms and

conditions.

Appellant undertakes to comply all the terms and

conditions. In view of the sanction granted, the impugned

order challenged herein stands quashed.

In case the appellant does not fulfill the terms and

conditions, respondent will be at liberty to take action as per

law.

This appeal is disposed off accordingly in the above

terms. File be consigned to record room.

Copy of order be given Dasti for compliance.



A.No. 638/17 12.04.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

Objections to the misuse charges filed. Copy

supplied.

Put up this matter for final arguments on 01.08.2019.

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



A.No. 13/15 & 14/15 12.04.2019


Sh. Dharamvir Gupta, counsel for MCD.

Status report filed by the respondent.

Put up this matter for consideration / further

proceedings on 27.08.2019.



A.No. 362/18 12.04.2019


Ms. Aymn Naaz, proxy counsel for Sh. V.K.

Aggarwal, counsel for MCD.

Objections to the status report filed.

Put up this matter for consideration / further

proceedings on 27.08.2019.



A.No. 249/18 12.04.2019


Sh. Anil Kumar Jeph, JE(BP) and Sh. M.S.

Negi, JE(BP) alongwith Sh. Ashok Kumar,

Senior Assistant from New Delhi Municipal

Council.

Original record produced. Status report will be filed

on next date of hearing.

Put up this matter for filing status report by the

respondent on 15.07.2019.



A.No. 740/17 12.04.2019


Sh. Mohit Sharma, counsel for MCD.

Status report was already filed.

Put up this matter for consideration of status report

and final arguments on 01.08.2019.



A.No. 287/18 & 288/18

12.04.2019

Present : Sh. S.D.Ansari, Counsel for the appellant.

Sh. Dharmvir Gupta, Counsel for the Respondent.

Vide separate order of even date, announced in the open

court, the appeals are dismissed.

Original order be placed in appeal no. 287/18 and attested

copy of the same be placed in appeal no. 288/18

Appeal file be consigned to Record Room after due

compliance.


Delhi Municipal Appellate Tribunal Tis Hazari Courts, Delhi/12.04.2019

A.No.928/18 12.04.2019

Present : Sh. Piyush Pahuja, counsel for appellant

alongwith SPA holder of the appellant.

Sh. H.R. Aggarwal, counsel for MCD

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

SPA holder of the appellant made a statement

regarding withdrawal of the appeal stating that they have

already moved to the Monitoring Committee constituted by

the Hon’ble Supreme Court of India in that regard for

permanent desealing of the property.

Ld. counsel for respondent has no objection to the

withdrawal of the appeal because the property is already

lying sealed.

In view of the statement of the SPA, the appeal is

dismissed as withdrawn.

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

as prayed.

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

respondent alongwith copy of this order. File be consigned

to record room.



A.No. 267/18 12.04.2019

Present : Sh. Vijay Kumar, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC

alongwith Sh. Hukam Singh, AE(B).

It is pointed out that the notice of this appeal is not

yet issued to the respondent.

Let notice regarding maintainability of the appeal be

issued to the respondent for 03.05.2019. Previous date

stands cancelled.



A.No. 220/19 12.04.2019


Ms. Harkirat Kaur, counsel for respondent.

Vakalatnama on behalf of respondent filed.

Record not produced. status report not filed.

At the very outset it is pointed out by the counsel for

appellant that in appeal No.514/18 against the demolition

order regarding the same property the stay order was

passed by this Tribunal on 26.07.2018 and the sealing order

has been passed subsequently on 05.09.2018 placed at

page 66 of the appeal file.

It is submitted that there was no need of passing the

said sealing order because while passing of the stay order

the appellant was already directed not to carry out any

addition, alteration, repair or construction and also not to

create any third party interest in the property in question.

Ld. counsel for appellant prayed for stay the said

sealing order.

Till the record is produced and status report is filed,

respondent is restrained from taking any coercive action in

the property of the appellant bearing no. 52/C-5, Janta

Garden, Pandav Nagar, Delhi-91 in pursuance of sealing

order dated 05.09.2018 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.

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.

A.No. 220/19 -2-

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 24.09.2019.

Copy of the order be given Dasti to counsel for

appellant, as prayed.



A.No. 514/18 12.04.2019


Sh. Manik Garg, counsel for appellant.

Put up with connected appeal bearing No.220/19 on

24.09.2019. Interim stay, if any, is extended till next date.



A.No. 47/17 12.04.2019

Present : Sh. Rajesh Raina, counsel for appellant.

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

It is stated that Sh. Y.P. Singh, AE(B) has been

transferred.

One week time sought to file the status report in

compliance of the order dated 21.01.2019.

The appellant is directed to approach the concerned

AE(B) Sh. Sriniwas with regard to the hearing for

considering the protection to the property in question as

directed in the previous order.

Put up for filing the status report in compliance of the

said order on 30.04.2019. Interim stay, if any, is extended

till next date. Copy of the order be given Dasti to both the

parties, as prayed.



A.No. 55/11, 56/11 & 1174/13 12.04.2019


Sh. Abdul Haq, Nodal Officer for North DMC.

Objection to the status report dated 30.08.2018 filed

in appeal No.1174/13.

Put up for consideration / final arguments on

18.07.2019. Interim stay, if any, is extended till next date.



A.No. 744/17 12.04.2019

Present : Ms. Sapna Proxy counsel for Sh. Sangram

Singh, counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

As per status report regularization application was

rejected on 16.05.2018.

Put up for final arguments on 08.08.2019. Last

opportunity.



A.No. 237/15 & 151/17 12.04.2019

Present : Appellant in person.

Sh. Gian Chand, counsel for MCD.

Both the parties are directed to file written brief

submissions.

Put up on 06.06.2019 for that purpose and for oral

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

date.



A.No. 781/17 12.04.2019

Present : None for the appellant.

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

Put up for final arguments on 03.09.2019.



A.No. 124/16 & 125/16 12.04.2019


Ms. Nagina Jain, counsel for MCD.

No one is appearing on behalf of the appellant for the

last two dates.

It is 12.30 p.m. It appears that appellant is not

interested in pursuing the present appeal.

Hence, the appeal is dismissed in default and for non

prosecution. Respondent is at liberty to take action in the

property in question in pursuance of the impugned order

and file status report before this Tribunal.

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

respondent alongwith copy of this order. File be consigned

to record room.

Registrar is directed to prepare a miscellaneous file

for the purpose of filing action taken report by the

respondent on 09.07.2019.



A.No. 57/17 & 58/17 12.04.2019


Ms. Manjusha Jha, counsel for respondent.

Put up for final arguments on 20.08.2019. Last

opportunity.



A.No. 604/18 12.04.2019

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

alongwith AR of appellant in person.

File taken up today, as an application for withdrawal

of the appeal has been moved by the appellant on

01.04.2019.

Fresh Vakalatnama on behalf of the appellant filed.

Authorized representative of the appellant has made

a statement that he wants to withdraw the present appeal as

he is not interested in pursuing the appeal. His statement

has been recorded separately in this regard.

In view of the statement of authorized representative

of the appellant, the present appeal is dismissed as

withdrawn. Impugned order is confirmed. MCD is at liberty

to take action as per law in respect of the property of the

appellant.

Appeal file be consigned to record room.

Record of the respondent, if any be returned to the

respondent.

Respondent is directed to file action taken report on

10.07.2019. Registrar is directed to prepare a

miscellaneous file for this purpose. Copy of this order be

placed in miscellaneous file.



A.No. 605/18, 606/18 & 607/18 12.04.2019

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

alongwith appellant in person.

File taken up today, as an application for withdrawal

of the appeal has been moved by the appellant on

01.04.2019.

Fresh Vakalatnama on behalf of the appellant filed.

Appellant has made a statement that he wants to

withdraw the present appeal as he is not interested in

pursuing the appeal. His statement has been recorded

separately in this regard.

In view of the statement of the appellant, the present

appeal is dismissed as withdrawn. Impugned order is

confirmed. MCD is at liberty to take action as per law in

respect of the property of the appellant.

Appeal file be consigned to record room.

Record of the respondent, if any be returned to the

respondent.

Respondent is directed to file action taken report on

10.07.2019. Registrar is directed to prepare a

miscellaneous file for this purpose. Copy of this order be

placed in miscellaneous file.



A.No. 258/18. 12.04.2019


Sh. Mikhil Sharda counsel for respondent .

Shri Ravi Kumar AE(B) .

The status report has been filed signed by the

EE(B) mentioning therein that no action has been

taken due to non availability of police force on two

occasions in compliance of order dated 04.12.2018.

Further the respondent was directed to take action in

pursuance of the order dated 04.012.2018 but no

action has been taken for the last four months.

The Dy. Commissioner concerned is directed

to look into the matter and file the action taken report

under his own hand and signature failing which the

Dy. Commissioner concerned will appear in person.

Put up the matter for filing action taken report

on 04.06.2019.



A.No. 518/13, 555/13, 556/13, 557/13, 558/13, 559/13, 563/13, 565/13, 566/13, 570/13 to 572/13, 586/13 to 589/13, 602/13 to 608/13, 611/13 to 613/13, 619/13, 645/13, 596/13, 581/13 & 582/13 12.04.2019

Present : Sh. J.K. Srivastava in appeal Nos. 570/13 to 572/13, 586/13 to 589/13, 602/13 to 608/13, 611/13 to 613/13, 619/13, 645/13, 596/13, 581/13 & 582/13.

Sh. Yakesh Anand counsel for counsel for appellant in appeal No 555/13, 558/13 & 566/13.

Sh. Shashikant Sharma / Sh. V.K. Aggarwal / Sh. Dharamvir Gupta / Sh. Mohit Sharma, counsel for MCD alongwith Sh. Mohammad Ahmed, AE(B). Sh. Mehul Prasad, proxy counsel for Navin Matta, counsel for Monitoring Committee.

Status report signed by EE(B) has been filed stating

that no response has been received from the DDA. The

status report filed is nothing but merely an eye wash for

non compliance of the orders dated 29.01.2018 which is

not being complied for the last more than one year.

Today last opportunity was given and Dy.

Commissioner concerned was asked to appear in person

for clarification. But he did not appear. However, an

exemption application has been moved .It has been stated

in the exemption application that the applicant has pre

scheduled meeting and hearing on 12.04.2019. Therefore,

he will not able to attend the Hon’ble Court. However,

nothing has been mentioned in the exemption application

which are the meetings scheduled for today. The

clarification sought by the Tribunal was urgent in nature

and necessary, therefore, exemption application of the Dy.

Commissioner is rejected. The order dated 19.01.2018 is

not being complied with for the last more than one year

despite seeking adjournment on various dates, The

appellants are appearing in person and states that they

are being harassed for the last six yeard and no reason

has been assigned for sealing of the property and have

made request for desealing of the same. The

Commissioner/SDMC is directed to appear in person for

assisting the Tribunal for clarification and compliance of the

order dated 29.01.2018.

The counsel as well as the AE(B) concerned to place

the above order before the Commissioner/SDMC for

information and compliance.

Put up for that purpose and arguments on

23.05.2019.

Original order be placed in appeal no. 559/13 and

attested copy of order be placed in other appeals mentioned

above.

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



A.No. 433/18, 435/18 & 436/18 12.04.2019

Present : Sh. K.B. Gupta and Sh. Karan Jain counsel for

appellant.

Sh. Ashutosh Gupta / Sh. Dharamvir Gupta,

counsel for MCD counsel for MCD.

Sh. Piyush Jain, counsel for DDA alongwith

Sh. Rakesh Kumar, Asstt. Director (OSB)

Vikas Sadan, New Delhi.

Sh. Rakesh Kumar, Asstt Director has submitted the

status report in compliance of the order dated 29.03.2019

which has incorporated the decision of the Ld. Additional

Solicitor General sought by the DDA alongwith decision

taken by the Committee under the Chairmanship of Vice

Chairman DDA in his meeting dated 04.04.2019 attended

by Superintending Engineer / Irrigation & Flood Control-I,

GNCTD.

It is further stated that DDA will go by the map

regarding one got prepared by I&FC Department GNCTD.

The said map filed alongwith this status report.

Ld. counsel for DDA submitted that clarification, if

any whether as per map of I&FC GNCTD the area of the

plot in question falls in the flood plane or beyond the flood

plane as per situation on the map can be explained by the

Superintending Engineer concerned of Flood & Irrigation

Department.

Counsel for appellant has stated that Chief Engineer

East Zone of the DDA and Superintending Engineer I&FC,

GNCTD can explain the said position.

Sh. Rakesh Kumar, Asstt. Director (OSB) intimated

that name of those officers are Sh. Y.K. Sharma, S.E I&FC,

GNCTD (Mobile No.9958800323) and Sh. Sanjeev Arya,

Chief Engineer, East Zone DDA (Mobile No.9418105283).

A.No. 433/18, 435/18 & 436/18 -2-

Both these officers are directed to remain present for

clarification regarding the plot in question whether as per

I&FC map 2011 the said plot forms part of flood plane or not

the part of flood plane.

Copy of this order be given dasti to Sh. Rakesh

Kumar Asstt. Director (OSB) for placing the same before the

above officers for information and compliance.

Separate notice be also issued to those officer and

given dasti to said Rakesh Kumar, Asstt. Director (OSB) for

service upon them. Copy of this order be also given to

parties.

Final arguments of respondent also concluded.

Put up for that purpose and clarification on

16.04.2019 at 2.00 p.m.



A.No. 928/17 & 929/17 12.04.2019

Present : Sh. V.K. Arora, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD alongwith

Sh. D.P. Sharma, AE(B).

Status report filed stating that whether despite having

protection under Special Laws the property is liable to be

desealed or not. The said matter has been referred to HQ.

It is not clear that why the matter has been referred to HQ

when Superintending Engineer is available in the Zone.

Superintending Engineer Shahdra South Zone is

directed to appear in person on 15.04.2019 at 2.00 p.m.

Copy of the order be given Dasti to the AE(B) for

placing the same before the Superintending Engineer for

information and compliance.

Put up this matter for filing of status report by the

respondent and arguments on 15.04.2019 at 2.00 p.m.

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

as prayed.



A.No. 607/18 Statement of Sh. Ramesh Chandra Baloni S/o Sh. Chandramani Baloni aged 61 years, r/o A-38, UGI, Neb Sarai Freedom Fighters Enclave, New Delhi-110068. ON SA

I am the appellant in the present appeal. I have moved an

application for withdrawal of the appeal alongwith my affidavit. I am no

more interested in pursuing the appeal. I may be allowed to withdraw the

appeal unconditionally. The same may be dismissed as withdrawn.

RO&AC



A.No. 606/18 Statement of Sh. Manoj Kumar S/o Sh. Raj Singh aged 44 years, r/o A-38, UGF, flat No.2, Neb Sarai Freedom Fighters Enclave, New Delhi-110068. ON SA





RO&AC



A.No. 605/18 Statement of Ms. Kahkashan Alam W/o Sh. Arshad Zaman aged 48 years, r/o B-110, UGF Gate No.3 near Sabka Bazar, IGNOU Road, Neb Sarai Freedom Fighters Enclave, New Delhi-110068. ON SA





RO&AC



A.No. 604/18 Statement of Sh. Bhushan Kumar Yadav S/o Sh. Surya Narain Yadav aged 33 years, r/o W-100, New No.6/29, Lane No.6, Anupam Gardens, Sainik Farm, Manik Shah Marg, Sadulajab, IGNOU Road, New Delhi-110068. ON SA

I am the authorized representative of the appellant in the present

appeal. I have moved an application for withdrawal of the appeal

alongwith my affidavit. I am no more interested in pursuing the appeal. I

may be allowed to withdraw the appeal unconditionally. The same may

be dismissed as withdrawn.

RO&AC



A.No. 228/19 Statement of Sh. Balwant Singh (appellant), S/o Late Sh. Prithvi Pal, R/o

House No. 48, Site No. I, Vikaspuri, New Delhi.

ON SA

I am the appellant in the present appeal and want to withdraw the

same unconditionally. My appeal may be dismissed as withdrawn.

RO&AC



A.No.928/18 Statement of Smt. Seema Tayal W/o Sh. Mukesh Kumar Tayal, R/o A/3-

147, Paschim Vihar, New Delhi-63

ON SA

I am the SPA holder / wife of the appellant. I wish to withdraw the

present appeal unconditionally since I have already filed the desealing

application before the Hon’ble Monitoring Committee, constituted by the

Supreme Court of India. This appeal may be dismissed as withdrawn.

RO&AC



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