A.No. 259/10. Ld. Counsel for respondent seeks time to...

A.No. 259/10. 25.09.2019 Present : Shri N.K. Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for MCD.

Ld. Counsel for respondent seeks time to file status report

as to whether the property in question is protected under the

Delhi Laws (Special Provisions) Act, 2017 as amended and

extended till 31.12.2020

To come up on 24.10.2019.

(POONAM CHAUDHARY) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 25.09.2019

A.No. 993/16 and 994/16. 25.09.2019 Present : Shri O.P. Verma, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Final arguments partly heard.

At request of Ld counsel for appellant, adjourned for further

final arguments to 22.10.2019.



A.No. 200/18 and 226/18 25.09.2019 Present : Shri G.R. Verma, Ld. proxy counsel for appellant.

Shri Harshit Thakur, Ld. proxy counsel for respondent.

At joint request, adjourned for final arguments to

17.01.2020.



A.No. 142/16. 25.09.2019 Present : Appellant with Ld. counsel Shri T.N. Saxena.

Ms. Praveen Sharma, Ld. counsel for respondent.

Status report filed, copy supplied.

At request of Ld. counsel for appellant , adjourned for

arguments to 14.11.2019.

Interim order to continue till next date.



A.No. 522/17 25.09.2019 Present : Shri Divya Pal, Ld. proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for MCD.

At request of Ld.proxy counsel for appellant, last opportunity

is granted for final arguments.

Put up on 11.12.2019.




A.No. 813/14 25.09.2019

Present : Sh. Ramesh Kumar, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for respondent.

Sh. Vikas Aggarwal, Ld. counsel for applicant.

1. This is an appeal against the order of sealing. The

averments made are that property in question bearing No.

21, Bungalow Road, Kamla Nagar, Delhi, was owned by

Virender Katiyal and his brother Harinder Katiyal who had

equal share in the property. The appellant was married to

Harinder Katiyal and after his death the share of Harinder

Katiyal was inherited by the appellant. The appellant has

been in the possession of the entire ground floor except

puja room.

2. It is further stated that building in question is 60 years

old and no new construction has been raised, only repairs

had been carried out. It is stated that while repair were

being carried out J.E. from M.C.D. came and threatened the

appellant to stop the work. Thereafter show cause notice

u/s 343/344 was served upon the applicant which was duly

replied to. The respondent however passed sealing order

dated 29.09.2010 and sealed a portion of ground floor of

the property on 21.01.2010. It is stated that sealing order

was challenged by way of an appeal and the Tribunal vide

order dated 04.01.2011 remanded back the case for fresh

adjudication.

3. During the pendency of appeal an application under

order 1 Rule 10 CPC was moved by applicant/Virender

Katyal brother in law of appellant which was dismissed but

the applicant was allowed to file the documents and argue

at the stage of filing documents.

4. The appellant has moved an application for

withdrawal of the appeal. The respondent was directed to

file the status report as to whether any demolition action

was pending in respect of property in question.

5. Status report was filed by MCD. Learned counsel for

respondent stated that the unauthorized construction by

removal of load bearing wall was booked and show cause

notice was issued u/s 343/344 of the DMC Act. Thereafter

notice u/s 345A was issued and sealing order was passed.

6. The appellant also moved an application for directing

the respondent to re-inspect the premises as it was restored

to the original position.

7. The status report was filed by respondent stating that

existing construction at site was as per the sanctioned

building plan. The statement of the A.E. concerned was

recorded in this regard on 18.03.2019.

8. The respondent was thereafter directed to file a

status report clarifying the purpose of which property in

question can be used. The status report was filed stating

that the road of the property is notified as mixed land use

road. He further stated no further sealing on demolition

action pursuant to booking dated 25.08.2010 for

unauthorized construction is pending pursuant to the

booking dated 25.08.2010 as per unauthorized construction.

A.E. also stated that property can only be used for only

residential purposes.

9. The appellant is directed to file an affidavit stating

that the premises in question will be used for residential

purposes only as per the provision of MPD-2021 and also

give the name of the person for whose residential use the

premises are required.

10. Be listed for further proceedings on 14.10.2019.



A.No. 449/19 25.09.2019 Present : Sh. Pushkar Sood, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.


Ld. counsel for appellant seeks adjournment as main

counsel is not available today.

At request adjourned for arguments to 21.11.2019.



A.No. 416/18 & 417/18 25.09.2019 Present : Sh. M.N. Siddiqui and Sh. Virender Kasana, Ld. counsel for

appellant.


More time is sought by the respondent to file the status

report. In case the status report not filed on next date of

hearing, the Dy. Commissioner concerned will appear in

person.

To come up for filing status report on 15.10.2019.




A.No. 313/16 25.09.2019 Present : Sh. Lakshay, Ld. counsel for appellant.

Sh. Harish Thakur, Ld. proxy counsel for North DMC with

Sh. Manoj Kumar, L.I.

Ld. counsel for respondent states that costs will be

deposited during the course of the day in the registry.

Ld. counsel for appellant seeks more time to file objections.

At request, adjourned for arguments on 12.12.2019.



A.No. 1043/17 25.09.2019 Present : Appellant in person.

Sh. K.K. Arora, Ld. counsel for respondent.

At joint request, to come up for arguments on the

maintainability of the appeal on 21.11.2019.

Concerned officials to be present on next date.



A.No. 943/18 25.09.2019 Present : Ms. Priya Ld. proxy counsel for appellant.

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


Proxy counsel for appellant seeks adjournment as main

counsel has expired.

Be listed for arguments on 16.12.2019.



A.No. 758/18 25.09.2019 Present : Sh. Abhishek Singh, Ld. counsel for appellant.

Sh. Navin Kr. Raheja, Ld. counsel for intervener / applicant.

None for NDMC.

None has appeared for NDMC.

Be listed for arguments on the application under order 1

Rule 10 CPC on 11.12.2019.




A.No. 1012/17 25.09.2019 Present : Sh. Saurabh Tiwari, Ld. counsel for appellant.

Sh. Gian Chand, Ld. counsel for MCD.

None for the applicant.

Ld. counsel for appellant states that he does not wish to file

reply to the application under order 1 Rule 10 moved by the

intervener. It is further stated that Hon’ble High Court in

Writ Petition No.7263/2017 filed by the applicant against

North DMC and another allowed the applicant to intervene

to the extent of making oral submissions and also filing

written submissions.

As none has appeared for the applicant today, be listed for

consideration of the applicant and final arguments on next

date.





A.No. 255/19 25.09.2019 Present : Sh. Abhimanyu Goel, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Request is made for adjournment by Proxy counsel for

appellant as main counsel is not available today.

At request adjourned to 09.12.2019 for arguments on the

pending application.



A.No. 1031/17 25.09.2019 Present : Sh. R.N. Oberoi, Ld. counsel for appellant.

Sh. Rameez Abbas, Nodal officer, SDMC.

Sh. Pushkar Sood, Ld. counsel for applicant.

Ld. counsel for appellant seeks adjournment.

Be listed for appearance of L.Rs and arguments on

application under order 22 Rule 3 CPC on 06.12.2019.




A.No. 902/14 25.09.2019 Present : Mohd. Ilahi, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD, with Sh.

Veerpal, AE(B).

Status report filed stating that property was inspected on

17.09.2019 during which it was noticed that major

demolition action has been taken against the unauthorized

construction. It is further stated that prima-facie from

outside inspection there appears no non compoundable

construction.

AE(B) concerned seeks time to inspect the property and file

the further status report as to whether any demolition action

is pending or not.

Be listed for filing status report on 10.10.2019.



A.No. 729/18 & 823/18 25.09.2019 Present : Sh. Dhananjay Mehlawati, Ld. counsel for appellant.


Sh. G.R. Verma, Ld. counsel for applicant.

More time is sought to file reply to the application under

order 1 Rule 10 CPC.

Ld. counsel for respondent also seeks time to file the status

report of the regularization application.

At joint request, be listed for reply and arguments on the

application on 20.11.2019.-



A.No. 370/19 25.09.2019 Present : Sh. Ravi Mahajan, Ld. proxy counsel for appellant.

Sh. Ashok Kumar, Gupta, ld. counsel for respondent.

At request by proxy counsel for appellant, adjourned to

29.11.2019 for arguments on pending applications.



A.No. 294/19 25.09.2019 Present : Ms. Nandini, Proxy counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for respondent.


counsel is not available.

At request, adjourned to 06.11.2019 for arguments on the

application for stay.




A.No. 78/19 25.09.2019 Present : Appellant with Ld. counsel Sh. R.D. Gupta.

Sh. Shashikant Sharma, Ld. counsel for North DMC.

This appeal is against the order of sealing dated 31.10.2018

passed by Dy. Commissioner, City SP Zone, North DMC

pursuant to directions of Hon’ble Supreme Court in Writ

Petition No.4677/85 M.C. Mehta Vs UOI stating therein that

property / portion of the property in question is being used

for running trade / factory / industrial activities in the name

and style of Naresh Metal Industries against the provisions

of MPD-2021 in property bearing No.A-773, Prem Nagar,

Amarpuri, Nabi Karim, Paharganj, New Delhi.

Status report has been filed stating that the property in

question is one of the 21960 industrial units in which

affidavit has been filed by Ld. Commissioner, MCD before

the Hon’ble Supreme Court in Writ Petition (C) No.

4677/1985 titled M.C. Mehta Vs UOI wherein Hon’ble

Supreme Court vide order dated 26.11.2018 has directed :

“We direct that none of these of properties

21960 units should be allowed to reopen

without the permission of this Court.”

The list of the property in question has also been filed with

the status report.

In view thereof I am the of the view that appeal is not

maintainable, the same stands dismissed.

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. 549/19 25.09.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Fresh appeal filed u/s 347-B of DMC Act against the order

of sealing dated 15.07.2019. alongwith application for stay

and condonation of delay. Be checked and registered.

Notice of the appeal and application be issued to the

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

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for arguments on the application for condonation of

delay and stay on 09.10.2019.



Contempt No. 27/2019 in appeal No.855/18 25.09.2019 Present : Sh. K.N. Singh, Ld. counsel for appellant.

File taken up on a petition filed on behalf of the appellant

under Contempt of Court Act.

Notice be issued to the respondent for 14.10.2019.



A.No. 567/19 25.09.2019 Present : Sh. Surinder Anand, Ld. counsel for appellant.


of demolition dated 25.07.2018 alongwith application for

stay and condonation of delay. Be checked and registered.






Be listed for on the application for condonation of delay and

stay on 10.10.2019.



A.No. 568/19 25.09.2019 Present : Sh. Surinder Anand, Ld. counsel for appellant.


of sealing dated 24.08.2018 alongwith application for stay

and condonation of delay. Be checked and registered.






Be listed for on the application for condonation of delay and

stay on 10.10.2019.



A.No. 550/19 25.09.2019 Present : Sh. Shivam Sharma, Ld. proxy counsel for appellant.

Fresh appeal filed u/s 347 of DMC Act against the order of

sealing (copy not filed) alongwith application for

condonation of delay. Be checked and registered.






Be listed for arguments on the application for condonation of

delay on 14.11.2019.



A.No. 750/18 25.09.2019 Present : Sh. G.R. Upadhaya, Ld. proxy counsel for appellant.

Sh. Sushil Kumar Jain, Ld. proxy counsel for respondent.

Ld. counsel for appellant states that an application has been

moved by the appellant u/s 345A (3) (B) of the DMC Act is

pending. Ld. counsel for respondent states that he does

not wish to file reply.

The averments made in the application are that the

construction has been raised after sanction of the building

plan. It is further stated that appellant undertakes to remove

the unauthorized construction at his own cost and for this

purpose the property may be desealed for 30 days.

Ld. counsel for respondent states that he has no objection

in case the appellant does the same as per the Building Bye

Laws and Sanctioned Building Plan.

Heard. In the facts and circumstances of this case, the

respondent is directed to deseal the property in question for

a period of one month to enable the appellant to remove the

unauthorized construction which is beyond sanctioned limit.

Respondent is directed to deseal the property in question

bearing No.177-C/18, Ward No.2 Mehrauli, New Delhi

w.e.f. 30.09.2019 to 31.10.2019. AE(B) will inspect the

property during the said period to ensure that no

unauthorized construction is being raised. The property be

thereafter resealed.

The appellant is directed not to use / occupy the property in

question for commercial or residential purposes during the

period of temporary desealing or raise unauthorized

construction. Application stands disposed off.

Be listed for filing status report by the respondent on

25.11.2019.



A.No. 437/19 25.09.2019 Present : Sh. Sagar Hazela, Ld. counsel for appellant.

S. Adil Hussain and Sh. Harshit Thakur, Ld. counsel for

respondent with Sh. Rajeev Garg, ALO.

Ld. counsel for appellant states that appellant does not have

the standard plan of the DDA with respect to the property in

question and affidavit in this regard IS also filed.

Ld. counsel for respondent states that appellant has not

supplied the copy of title documents.

Time is sought is sought to supply the same within two

weeks.

At request of Ld. counsel for appellant adjourned for

arguments on the application to 06.11.2019.



A.No. 933/17 25.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.


At request of Ld. counsel for appellant adjourned to

22.10.2019 for final arguments.



A.No. 534/18 25.09.2019 Present : Sh. Jatin Rajput, Ld. proxy counsel for appellant.

Sh. N.S. Yadav, Ld. counsel for respondent with

Sh.Sandeep Kumar Jain, AE(B).

At request of proxy counsel for appellant adjourned for


AE(B) concerned to be present on next date.



A.No. 488/19 25.09.2019 Present : Appellant with Ms. Vandita Gupta, Proxy counsel for

appellant.


Vakalatnama filed on behalf of respondent.

Time is sought to file status report and reply to the

application for condonation of delay.

Record be deposited with the Registry.


counsel is not available today.

At request, be listed for arguments on the application on

6.11.2019.



A.No. 956/16 25.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

Ms. Akansha Dhammi, Ld. counsel for respondent.

1. This appeal pertains to order of rejection of application of

appellant for installation of tower dated 20.09.2016 for

installation of telecommunication tower at the roof top of

property / plot No.780/1, Khasra No.556, Nizamuddin

West, Delhi-13.

2. Ld. counsel for respondent has filed the permission letter

stating that respondent has granted permission

/regularization of telecommunication tower in the

property in question vide file No.10/Tower/ AE/Plan

/CNZ/19 dated 24.04.2019. The permission of

regularization is valid for five years

3. It is submitted by Ld. counsel for appellant that rejection

order be set aside as regularization has been granted

and the appeal may be disposed off.

4. Heard. In view of permission / regularization granted by

respondent the impugned order of rejection dated

20.09.2016 is set aside subject to compliance of the

terms and condition of letter dated 24.04.2019 till five

years.

5. The respondent is at liberty to take action after five years

in accordance with law.

6. The appellant is directed to abide by all the terms and

conditions of the permission letter and in case of

violation of any condition of the said letter the

respondent will be at liberty to take action as per law

against the telecommunication tower in question.

7. The appeal stands disposed off.

8. 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. 955/16 25.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.


Ld. counsel for respondent seeks more time to file the

status report of the regularization application.

Be listed filing status report on 08.01.2020.



A.No. 92/17 25.09.2019 Present : Sh. A.K. Jain, Ld. counsel for appellant.

Ms. Akansha Dhammi, Ld. counsel for respondent.

Status report filed stating that appellant has applied for

regularization pursuant to which an IN has been issued but

appellant has not complied with the shortcomings.

Ld. counsel for appellant seeks two weeks time to comply

with IN.

To come up now for filing status report on 08.01.2020.



A.No. 482/18 25.09.2019 Statement of Sh. Dinesh Gupta S/o Sh. Puran Chand, appellant R/o D-

19, Khajan Basti, Nangal Rai, New Delhi

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal unconditionally.

RO & AC



A.No. 484/15. 25.09.2019. Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy ,Counsel for SDMC.

Notice issued to Interim Resolution Professional (IRP) not

received back, fresh notice be issued to IRP in terms of

previous order for 06.01.2020.


Appellate Tribunal:MCD 25.09.2019.


Sh. V.K. Aggarwal, Ld. Counsel for SDMC with Sh. Rameez

Abbas, Nodal Officer, SDMC.


Ld. counsel for respondent states that application for

regularization has not been received in the office of

respondent, the appellant is directed to supply photocopy of

the application with the relevant documents.

Subject to supplying the same within two weeks, the same

be processed and the status report on the same be filed.

Be listed for further proceedings on 06.01.2020.




Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.

Abdul Haq, Nodal Officer.

This appeal pertains to order of demolition dated

16.08.2018 in respect of Telecommunication Tower installed

at the roof top of property bearing Khasra No. 123/25/2,

Village Burari, Meer Singh Market, B-Block, Sant Nagar,

Delhi-110084.

Ld. counsel for respondent has filed the permission letter

stating that respondent has granted permission /

regularization of telecommunication tower in the property in

question vide No. 5015/EE.B-1/CL2/2019 dated 12.03.2019.

The permission of regularization is valid for five years from

the date of installation, prospective from 01.01.2016.

It is submitted by Ld. counsel for appellant that demolition

order be set aside as regularization has been granted and

the appeal may be disposed off.

In view of permission / regularization granted by respondent

the impugned order of demolition dated 16.08.2018 is set

aside subject to compliance of the terms and conditions of

letter dated 12.03.2019for a period of five years from the

date of installation, prospective from 01.01.2016.

The respondent is at liberty to take action after the period of

expiry of five years in accordance with law.

The appellant is directed to abide by all the terms and

conditions of the permission letter and in case of violation

of any condition of the said letter the respondent will be at

liberty to take action as per law against the

telecommunication tower in question.

The appeal stands disposed off.


respondent alongwith copy of this order. File be consigned

to record room.



M.No. 50/17. 25.09.2019. Present : Appellant in person.

Sh. Harshit Thakur, Ld. Proxy counsel for North DMC with

Sh. Abdul Haq, Nodal Officer.

Ld. counsel for respondent has placed on record the copy of

orders of Hon’ble High Court passed in Writ Petition (C) and

CM. No. 1456/2018 titled North DMC Vs. Mahesh Singal

and Anr challenging the order dated 04.05.2017.

Appellant seeks adjournment as his counsel is busy in

Hon’ble High Court.

At request of appellant, adjourned for arguments to

10.01.2020.



A.No. 367/18. 25.09.2019. Present : Appellant with Ld. counsel, Sh. M.K. Bhardwaj.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.

Objections to the Status report filed, copy supplied.

At request of Ld. counsel for appellant, adjourned for final




A.No. 859/17. 25.09.2019. Present : None for appellant.

Sh. Abdul Haq, Nodal Officer, North DMC.

Be awaited for 1.00 pm.




Be awaited for 1.00 pm.



A.No. 560/19. 25.09.2019. Present : Sh. M.P. Sinha, Ld. counsel for appellant.

Sh. G.R. Verma, Ld. counsel for applicant.

Sh. Ashok Kumar Gupta, Ld. Proxy counsel for EDMC with

Sh. P.K. Tiwari, AE(B).

Orders at 3.00 pm.



A.No. 547/19 and 548/19. 25.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC.

Memo of appearance filed on behalf of the respondent.

Status report filed stating that the unauthorised construction

in the shape of deviations / excess coverage against the

sanctioned building plan at stilt floor, ground floor, first floor,

second floor and third floor with projections on Municipal

land at each floor had been booked. Show cause notice was

given and thereafter demolition order was passed on

05.03.2016. It is stated that show cause notice u/s. 345-A

of DMC Act was also issued and sealing order was also

passed and the property stands sealed at second floor and

third floor of the property at one point each on 14.08.2019.

Orders at 12.00 pm.




Sh. Sanjeev Kumar Yadav, Ld. counsel for SDMC.

Ld. counsel for respondent again seeks adjournment to file

the status report.

EE concerned to be present on the next date with status

report.

In case status report is not filed on the next date, the

concerned Dy. Commissioner to appear on the next date.




A.No. 907/18. 25.09.2019. Present : Sh. Manoj Goswami, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC with Sh

T.D. Joshi, LI.

Status report filed stating that the total conversion charges

12 times including penalty i.e. 76,032/- are payable by the

appellant, copy of status report supplied.

Ld. counsel for appellant seeks time to pay the penalty

amount.


LI concerned to be present on the next date.



A.No. 441/17. 25.09.2019. Present : Sh. Shivam Chhabra, son of appellant.

Sh. Harshit Thakur, Ld. proxy counsel for North DMC.

Status report filed stating that the appellant had applied

online Completion Certificate and the completion cum

occupancy certification has been issued on 10.04.2019.

Thereafter the file has been sent to Additional

Commissioner for passing appropriate order regarding

permanent desealing of the property in question and the

order is still awaited, copy supplied.

Appellant seeks adjournment as his counsel is busy in

Hon’ble High Court.

At request, be listed for filing of further status report / further

proceedings on 19.11.2019.



A.No. 701/15. 25.09.2019. Present : Sh. N.K. Aggarwal, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for North DMC.

Sh. Tara Chand, ZI, City SP Zone has appeared with the

House-tax record of the property no. 2505, Dharampur,

Masjid Khajoor, Delhi-110006.

Ld. counsel for respondent states that in the previous order

the number of the property in question has been mentioned

as 2525 whereas it is 2505. In my view this is a

typographical error due to inadvertence. The No. of the

property in previous order be read as 2505.

Original record of House-tax has been seen and returned.

Arguments heard.

Be listed for orders on 22.10.2019.



A.No. 468/19, 469/19 and 470/19 25.09.2019. Present : Sh. Daman Popli, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for North DMC with Sh.

Rajiv Garg, ALO.


Ld. counsel for appellant seeks time to file objections to the

status report.

To come up for arguments on the application on

05.11.2019.



A.No. 265/18. 25.09.2019. Present : Appellant no. 5 in person.

Sh. Naresh Sharma, Ld. counsel for DDA with Sh. Anil

Chikara, Naib Tehsildar.

Reply to the appeal and application for condonation of delay

alongwith photocopies of documents filed on behalf of

DDA/respondent, copies supplied.

Ld. counsel for respondent seeks time to file documents.

Be now listed for arguments on 09.12.2019.



A.No. 499/19. 25.09.2019. Present : Appellant with Ld. counsel, Sh. Kusum Sharma.

Sh. S.A. Hussain, Ld. counsel for North DMC with Sh. P.K.

Jindal, AE(B).

Status report filed stating therein that the file has been sent

to the Monitoring Committee appointed by the Hon’ble

Supreme Court and the Monitoring Committee is seized off

the matter. A detailed status report in this regard b filed by

the respondent alongwith the orders of the Monitoring

Committee.



AE(B) to be present on the next date.



A.No. 509/19. 25.09.2019. Present : Ms. Lucky Tiwari, Ld. Proxy counsel for appellant.

Steps not taken.

Respondent be served as per previous order for

16.10.2019.



A.No. 497/19. 25.09.2019. Present : Sh. Pramod Tiwari, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC.

Fresh Vakalatnama filed on behalf of the respondent.

Time is sought to file status report and reply to the

application for condonation of delay.

To come up for arguments on 23.10.2019.




A.No. 515/19. 25.09.2019. Present : Sh. Ujjwal Jha, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.

Amar Singh, AE(B).

Ld. counsel for respondent seeks time to file status report

and reply to the application for condonation of delay.

Be listed for arguments on the application on 31.10.2019.



A.No. 481/19 and 462/19. 25.09.2019. Present : Sh. Ujjwal Jha, Ld. counsel for appellant.

Sh. Ashok Kumar Gupta, Ld. Counsel for North DMC with

Sh. Amar Singh, AE(B).

Status report filed stating that the unauthorized construction

in the shape of deviations / excess coverage against the

sanctioned building plan and projections on Municipal Land

at stilt, ground floor, first floor, second floor and third floor

was booked. Show cause notice dated 04.07.2019 was

issued and thereafter sealing order was passed on

14.08.2019. It is further submitted that the ground floor and

first floor of the property in question was sealed at one point

each on 14.08.2019. Copy of status report supplied.

At request of Ld. Counsel for the appellant ,to come up for

arguments on 31.10.2019.

Interim orders to continue till next date of hearing in appeal

no. 462/19..



A.No. 482/18. 25.09.2019. Present : Appellant with Ld. counsel, Sh. Ajay Tyagi.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.

Ld. counsel for appellant states that the appellant does not

wish to pursue the appeal and wishes to withdraw the same.

Statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 20.04.2018 stands confirmed. Respondent is at liberty

to take action as per law. AE(B) concerned to file action

taken report before the Dy. Commissioner concerned who

shall ensure the compliance of the impugned order.


respondent.

File be consigned to record room.



A.No. 334/19. 25.09.2019. Present : Appellant with Ld. counsel Shri Anmol Kapur.

Shri Mohit Sehgal, Ld. counsel for the respondent.

An application moved on behalf of appellant for review of

orders dated 23.07.2019, copy supplied.

Be listed for reply and arguments on the application on

27.11.2019.



A.No. 239/17. 25.09.2019. Present : Shri Siddarth Tyagi, Ld. proxy Counsel for the appellant .

Shri Mohit Sharma, Ld. counsel for the respondent.

Shri A.K. Singh, Ld. counsel for respondent No. 2.

At request of Ld. proxy Counsel for the appellant, adjourned

for arguments on the point of limitation to 05.02.2020.



A.No. 889/17 and 890/17. 25.09.2019. Present : Shri Chankaya Verma, Ld. Counsel for the appellant.

Shri K.K. Arora, Ld. counsel for the respondent.


Ld. counsel for the respondent states that affidavit filed by

appellant is not in terms of the directions dated

16.08.2019.Appellant is directed to file the affidavit in terms

of the said order.




A.No. 496/19. 25.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .

Shri Harshit Thakur, Ld. proxy counsel for the respondent.

At request of proxy counsel for respondent, adjourned for

final arguments to 18.11.2019.



A.No. 806/18 and 842/18. 25.09.2019. Present : Ms. Gurmeet Kaur, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

Shri Pritish Sabharwal, Ld. counsel for respondent.

At joint request, adjourned for final arguments to

26.11.2019.



A.No. 480/18. 25.09.2019. Present : Shri O.P. Verm a, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Ld. Counsel for the appellant states that affidavit of all the

appellants have been filed, copy of the same have been

supplied to the opposite side.

Ld. Counsel for the appellant states that an appeal has

filed against the order of demolition in respect of the

property in question for Appeal No. 241/18 stands disposed

off vide order dated 31.07.2019. The file of the said appeal

be tagged with this file by the respondent. The respondent

will file further status report whether any demolition/sealing

proceedings are pending in respect of the property in

question or not.

To come up for final arguments on 23.10.2019.




Be awaited for 1.00 PM.



Present : None for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent

It is 2.00 p.m, none has appeared for appellant, despite

several calls since morning. Even on the previous 3 dates

of hearing, none had appeared for the appellant. The appeal

accordingly stands dismissed in default and for non-

prosecution. Resultantly, the impugned order dated

08.03.2018 stands confirmed. Respondent is at liberty to

take action in the property in question. AE (B) concerned is

directed to submit the action taken report before Dy.

Commissioner concerned who will ensure the compliance of

the impugned order.


respondent along with copy of this order.









Sh. V.K. Aggarwal, Ld. Counsel for respondent


several calls since morning. Even on the previous 3 dates

of hearing, none had appeared for the appellant. The appeal







the impugned order.







Shri Abdul Haq, Nodal Officer. North DMC.





Sh. Vikas Gupta, Ld. Counsel for respondent


several calls since morning. Even on the previous date of

hearing, none had appeared for the appellant. The appeal







the impugned order.






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