A.No. 364/19 Present : Appellant No.2 with Ld. …mcdonline.gov.in/at/dailyordersnew/651_23.09.2019...

A.No. 364/19 23.09.2019. Present : Appellant No.2 with Ld. Counsel Sh. Sanjay Kumar.

Sh. Mohit Sharma, Ld. Counsel for the SDMC with Sh.

Rameez Abbas, Nodal Officer, SDMC.

Reply to the application for condonation of delay filed on

behalf of the MCD, copy supplied.

Ld. Counsel for appellant states that appellant does not

wish to pursue the appeal. The statement of the appellant

No.2 recorded. Statement of Ld. Counsel for appellant also

recorded on behalf of appellant No.1.

In view thereof, the appeal stands dismissed as withdrawn.

The impugned order dated 17.10.2016 is confirmed.

Respondent is at liberty to take action in the property in

question 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.

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

respondent.

File be consigned to record room.

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

Appellate Tribunal:MCD 23.09.2019.

A.No. 329/19 23.09.2019. Present : Ms. Savita Rastogi, Ld. Counsel for appellant.

Sh. Rishab Sharma, Ld. Proxy counsel for respondent.

Ld. Counsel seeks time to file the chain of title documents

and standard building plan of the DDA.

Be listed for final arguments on 03.10.2019.

Interim orders to continue till next date of hearing.



A.No. 268/16 23.09.2019. Present : Sh. Jafar Abbas, Ld. Counsel for appellant.

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

Ld. Counsel for appellant seeks adjournment.

At request, to come up for final arguments on 08.11.2019.




A.No. 387/19 & 388/19 23.09.2019. Present : Appellant with Sh. S.D. Ansari, Ld. Counsel for the

appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

. Final arguments has been partly heard.

At joint request, adjourned to 30.09.2019 for filing brief

synopsis and further final arguments.




A.No. 653/16 23.09.2019. Present : Appellant in person.

Sh. Amit Kumar, proxy counsel for North DMC.

At joint request, adjourned to 16.01.2020 for final

arguments.




A.No. 453/18 and 488/17 23.09.2019. Present : Appellant with Ld. Counsel Sh. Dalip Rastogi.

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

Sh. Roshan Lal, AE(B).

At joint request, adjourned to 10.01.2020 for filing brief

synopsis and final arguments.

Interim orders to continue till next date of hearing in appeal

No.488/17.



A.No. 349/15 & 350/15 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Madan Sagar, Ld. Counsel for respondent.

Status report not filed. AE(B) concerned to be present on

next date with status report. In case status report is not filed

on next date the Dy. Commissioner concerned will appear

on next date.

To come up for status report on 19.11.2019.



A.No. 539/14 23.09.2019. Present : Appellant with Ld. Counsel Sh. Aman Gupta.


Ld. Counsel for appellant seeks more time to file brief

synopsis.

At request adjourned to 16.12.2019 for final arguments.



A.No. 202/19 23.09.2019. Present : Sh. Pratham Verma, Ld. Counsel for appellant.

Sh. Sandeep Bhatti, Ld. Proxy counsel for MCD with Sh.

V.K. Mantoo, DLO.

At joint request, adjourned for arguments on the

maintainability of the appeal to 10.12.2019.



M.No. 33/17 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.


The respondent has filed the reply to the objections of the

appellant, copy supplied.

At joint request adjourned to 18.12.2019 for filing brief

synopsis and final arguments.



A.No. 877/16 23.09.2019. Present : Sh. Gaurav Jain, Ld. Counsel for the appellant.

Sh. Shashikant Sharma, counsel for MCD.

At joint request adjourned for filing brief synopsis and final

arguments to 17.01.2020.




A.No. 197/19 23.09.2019. Present : None for the appellant.

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

T.D. Joshi, L.I.

Status report filed stating that the premises No.A-93, Raj

Park, Sultan Puri, Delhi-86 has been sealed due to

impermissible work / manufacturing unit found running there

in the name and style of M/s Aggarwal Fabrication . It is

further stated that this property is in the list of DSIIDC

regarding which an industrial plot has been allotted but

despite the same appellant has continued with

impermissible activities in the property in question. It is also

stated that the seal of the property in question is found

tampered with. It is further stated that property in question

is subject matter of the affidavit filed by the Commissioner,

MCD before the Hon’ble Supreme Court in respect of 21960

industrial units in Writ Petition (C) No.4677/1985 titled M.C.

Mehta Vs. UOI. The list of the property in question is also

annexed.

In view of the status report filed by the respondent, in my

view the appeal is not maintainable, the same stands

dismissed.

Record of the respondent, if any, alongwith one copy of the

order be returned to the respondent. File be consigned to

record room.



A.No. 529/19 & 530/19 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.

Be awaited.



A.No. 536/19 & 537/19 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for the appellant.

Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.

Documents filed on behalf of the appellant, copy already

supplied.



A.No. 529/19 and 530/19. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .

Ms. Satakshi Verma, Ld. Counsel for SDMC.

Be awaited.



23.09.2019. 12.45 PM.

Shri Dalip Rustogi, Ld. Counsel for the appellant.

Ms. Satakshi Verma, Ld. Counsel for SDMC with

Shri Ravinder Singh. AE(B).

The record has not been filed.

Dy. Commissioner concerned and Chief Law Officer to be

present alongwith complete records on 24.09.2019 at 10.00

AM.

Put up for arguments.

(POONAM CHAUDHARY)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

23.09.2019. 2.30 p.m. Present : At this stage Sh. V.K. Aggarwal, Ld. Counsel for respondent

has appeared. On his request the notices issued to Dy.

Commissioner concerned and Chief Law Officer are

withdrawn. EE(B) concerned to appear in person alongwith

record and status report.



A.No. 450/19. 23.09.2019. Present : Shri Dinesh Monga, Ld. Counsel for the appellant.

Shri Ranjit Pandey, Ld. Counsel for the respondent.

Ld. Counsel for the appellant states that an application for

regularization was moved Ld counsel for the respondent

states that copy of the same be supplied Ld. Counsel for the

appellant seeks one week time, to supply the same. Subject

to supplying the same, the status report on the same be

filed.

Be listed for arguments on the application for interim stay on

17.10.2019.



A.No. 699/18. 23.09.2019. Present : Shri Himal Akhtar, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, counsel for respondent.

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

withdrawal of the appeal to 09.12.2019.



A.No. 27/16. 23.09.2019. Present : Shri Himal Akhtar, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, counsel for respondent.

Ld. Counsel for the appellant states that the appellant has

moved an application under section 151 CPC for desealing

which is pending. Ld. Counsel for the respondent states that

as per the status report filed on the date of hearing of

19.09.2018 and status report dated 01.02.2019. The

construction in the property is protected under NCT of Delhi

Laws Special Provisions Act.

Ld. Counsel for the respondent seeks time to file reply to the

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

hearing.

Be listed for reply and arguments on the application on

09.10.2019.



A.No. 912/17. 23.09.2019. Present : Shri Rajeev Kumar Chauhan, Ld. Counsel for the appellant .

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

Shri Lalit Sharma, AE(B) .

Status report filed.

At joint request, adjourned for final arguments to

17.12.2019.




A.No. 517/19. 23.09.2019. Present : None for appellant.

Shri Rameez Abbas, Nodal Officer, SDMC.

Be awaited.



23.09.2019. 12.30 PM Present Ms. Shabista Nabi, Ld. Counsel for the appellant.

Shri Pramod Kaushik, Ld counsel for the respondent.

Time is sought to file status report.

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

Record be deposited with the Registry.

To come up for arguments on the interim application on

07.11.2019.



M in A.No.101/16 and 102/16. 23.09.2019. Present : Shri B.S. Soni, Ld. Counsel for the appellant .


Shri Rameez Abbas, Nodal Officer, SDMC.

Status report filed. Further action taken report be submitted

by AE (B) before Dy. Commissioner concerned who will

ensure the compliance of the impugned order.


respondent along with copy of this order.

File be consigned to record room.



A.No. 448/17. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.

Ms. Akahsha Dhammi, Ld. Counsel for the respondent.

Ld. Counsel for the appellant states that the respondent has

not filed the status report as to whether the respondent

plans to take action against other properties coming in the

right of way of road widening and whether any action has

been taken for road widening or not as directed vide order

dated 26.10.2017.

To come up for filing the status report by MCD and final

arguments on 28.01.2020.




A.No. 356/17. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.

Ms. Akahsha Dhammi, Ld. Counsel for the respondent.

At joint request, adjourned for final arguments to 28.1.2020.



A.No. 246-SCM-13 and 247-SCM-13. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.


Ld. Counsel for the appellant submits that notification dated

02.07.2019 Section 15.9 MPD-2021 relates to Registration

of mixed use premises and payment of charges.

It is further stated that with regard to above provision

Notification dated 02.07.2019 provides as under:-

“In addition to other penal action available under the

relevant act, properties found to be under mixed use,

without registration or in violation of the terms of this

notification shall be liable to pay, to the local body, a

penalty as prescribed with the approval of

Government.”

It is further stated by Ld. Counsel for the appellant that in

view of the said notification, the appellant is not liable to pay

penalty calculated by the MCD vide report dated

06.09.2018.

Ld. Counsel for the respondent seeks time to file fresh

status report regarding conversion charges/penalty payable

by appellant.

To come up for filing of report on 10.01.2020.




COPY

A.No. 246-SCM-13 and 247-SCM-13.(COPY) 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.


Ld. Counsel for the appellant submits that in view of the

notification dated 02.07.2019 Section 15.9 MPD-2021 2021

regarding Registration of mixed use premises and payment

of charges provides :-

(i) In respect of a residential premises already under mixed

use or intended to be put to mixed use, the

owner/allottee/resident of the plot/dwelling unit, in case of

plotted development and dwelling unit in the case of group

housing, shall be required to declare such mixed use by

filling up a form in this respect and depositing it with the

local body concerned any pay one time registration charges

at rates to be notified with the approval of the Central

Government.

(ii) The premises under mixed use shall also be liable for

payment of mixed use charges every year to the local body

concerned at the rates notified with the approval of Central

Government, for the period during which the property is p.ut

to mixed use. Such payment will be made by the property

owner/allottee voluntarily before 30th June of every yhear in

respect of the previous assessment year (April March).

For mixed use for the year 2006-2007 and 2007-2008 the

property owner/allottee shall be allowed to pay one time

registration charges and annual conversion charges without

payment of any penalty under Clause 15.9 (v) for mixed use

on or before 30.06.2009.

(iii) No modification to the building for using residential

premises for non residential activities under the mixed use

policy shall be permitted unless the allottee/owner has

obtained sanction of revised building plans and has p.aid

necessary fees or charges.

(iv)The local body concerned shall be responsible for the

conduct of test check of properties under mixed use

whether registered with it or not.

(v) In addition to other penal action available under the

relevant act, properties found to be under mixed use without

registration or in violation of the terms of this notification

shall be liable to pay, to the local body, a penalty amounting

to 10 times the annual conversion charges for mixed use.

(vi) In respect of residential premises already se on

07.02.2007 in Special area, the owner/allottee/occupier of

the plotted development shall be required to declare such

mixed use by filling up a form in this respect and depositing

it with local body concerned and pay one time registration

charges and conversion charges without penalty on or

before 30.06.2009 at the rate to be notified with the

approval of the Government from time to time.

Notification dated 02.07.2019 provides as under:-

“In addition to other penal action available under the

relevant act, properties found to be under mixed use,

without registration or in violation of the terms of this

notification shall be liable to pay, to the local body, a

penalty as prescribed with the approval of

Government.”

It is stated by Ld. Counsel for the appellant that in view of

the said notification, the appellant is not liable to pay penalty

calculated by the MCD vide report dated 06.09.2018.

Ld. Counsel for the respondent seeks time to file fresh

status report regarding conversion charges/penalty payable

in terms of order dated 22.01.2018.

Status report regarding the misuse charges which are

payable by appellant.

To come up for filing of report on 10.01.2020.




A.No. 164/16 and 07/18. 23.09.2019. Present : Shri Rohit Oberai, Ld. Counsel for the appellant .


Shri Amt Kumar, Ld. Counsel for the respondent.

Written submissions filed on behalf of the appellant, copy

supplied.

At joint request, be listd for final arguments on 21.01.2020.




A.No. 189/10. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .


Written submissions filed on behalf of appellant, copy

supplied.

Ld. Counsel for the respondent seeks time to peruse the

written submissions.

Be listed for final arguments to 03.12.2019.



A.No. 342/18. 23.09.2019. Present : Sh. S.D. Ansari, Ld. Counsel for the appellant .

Shri Madan Sagar, Ld. Counsel for New Delhi Municipal

Corporation.

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

final arguments to 31.01.2020.




A.No. 243/19. 23.09.2019. Present : Ms. Nisha Sachdeva, Proxy Counsel for the appellant .

Ms. Anubha Kaushal, Ld. Counsel for the respondent.

Ld. Counsel for the respondent seeks time to file status

report regarding verification of details of existing

construction mentioned in the affidavit of appellant.

To come up for filing of status report on 09.10.2019.




A.No. 289/17. 23.09.2019. Present : Appellant in person.

Shri Gian Chand, Ld. Counsel for the respondent .

Ld. Counsel for the respondent states that regularization

application moved by appellant has been rejected as the

appellant has only sought regularization with regard to the

projection on municipal land which is non compoundable

deviations. Appellant is directed to remove the non

compoundable deviations.

Appellant seeks time to remove the non compoundable

deviations.

Be listed for further proceedings on 18.11.2019.



A.No. 81/19, 14/19 and 15/19. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .


Shri Adil Hussain, Ld. Counsel for the respondent.

Status report filed stating that the Department is in the

process of ascertaining whether the property is protected

under the provisions of National Capital Territory of Delhi

(Special Provisions) Second (Amendment) Act 2017 with

the help of property tax record.

Be listed for filing of status report on 04.12.2019.



A.No. 65-13 M 23.09.2019. Present : Ms. N. Sehar, Ld. Counsel for the appellant .

File taken up on application on behalf of the appellant to

place on record the order of the Hon’ble High Court passed

in Original Reference No. 3/2018.

Be now listed on 02.12.2019 the date already fixed.



A.No. 240/18. And 569/18. 23.09.2019. Present : Appellant in person.


Shri Rajeev Mittal, Ld. Counsel for applicant.

status report filed,.

Be listed for further arguments and orders on the application

under Order 1 Rule 10 CPC on 09.10.2019.



A.No. 546/19. 23.09.2019 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Abdul Haq, Nodal Officer for respondent no.1 / North

DMC.

Sh. Ankit Kumar, Ld. counsel for respondents no.2 to 5.

Be awaited.


Appellate Tribunal:MCD 23.09.2019

At 1.00 pm.

Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for respondent no.1 /

North DMC.

Sh. Ankit Kumar, Ld. counsel for respondents no.2 to 5.

Status report be filed by respondent no.1/MCD on the next

date.

Reply be filed on behalf of respondents no.2 to 5.


Be listed for arguments on the application for interim stay on

26.09.2019.



A.No. 517/19. 23.09.2019 Present : None for appellant.

Sh. Rameez Abbas, Nodal Officer for SDMC.



A.No. 912/17. 23.09.2019 Present : Sh. R.K. Chauhan, Ld. counsel for appellant.





Sh. Ashutosh Gupta, Ld. counsel for respondent no.1 /

North DMC.

Sh. Gurdeep Singh, Ld. counsel for respondents no.2 to 4.

Memo of appearance filed on behalf of respondent no1 and

respondents no.2 to 4.

Time is sought to file Vakalatnama, status report and record

on behalf of respondents.

At request, to come up for filing of Status report, record and

further proceedings on 30.10.2019.



A.No. 413/19. 23.09.2019 Present : Sh. Manoj Singh, Ld. Proxy counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

Time is sought to file status report and record.

To come up for further proceedings on 21.10.2019.



A.No. 535/19. 23.09.2019 Present : Sh. Rajesh Mittra, Ld. counsel for appellant.


Memo of appearance filed on behalf of respondent

File taken up on an application moved on behalf of appellant

u/s. 151 CPC for condonation of delay in filing of the

affidavit.

Heard, the delay stands condoned.

Time is sought to file status report regarding the verification

of affidavit of appellant vis-à-vis the existing construction.


The date of hearing of 11.10.2019 stands cancelled.

Interim order to continue till next date.



A.No. 50/19. 23.09.2019 Present : Sh. K.B. Gupta, Ld. counsel for appellant.

Sh. Rajinder Arya, Ld. counsel for New Delhi Municipal

Council with Sh. Ashok Kumar, Sr. Assistant and Sh. Yash

Pal, JE.

Ms. Vinnie Sharma, Ld. Proxy counsel for Monitoring

Committee.

Vakalatnama filed on behalf of Monitoring Committee.

Copy of appeal has been supplied to Ld. counsel for

Monitoring Committee, who seeks time to file the status

report.

Ld. counsel for appellant states that Monitoring Committee

has not passed order of sealing in this case..

Ld. counsel for Monitoring Committee is directed to file the

status report and orders passed by it.

Be listed now for final arguments with the connected appeal

on 31.01.2020.



A.No. 263/17. 23.09.2019 Present : Sh. K.B. Gupta, Ld. counsel for appellant.

Sh. Rajinder Arya, Ld. counsel for New Delhi Municipal

Council with Sh. Ashok Kumar, Sr. Assistant and Sh. Yash

Pal, JE.

Ms. Vinnie Sharma, Ld. Proxy counsel for Monitoring

Committee.

Status report has been filed in the connected appeal no.

50/19 by NDMC.

At request of Ld. Counsel for Monitoring Committee,

adjourned for filing of status report and final arguments on

31.01.2020.

Interim order to continue till next date.



A.No. 182/19 23.09.2019 Present : Appellant with Ld. counsel Sh. G.R. Verma.

Sh. Syed Adil Hussain,Ld. counsel for respondent with Sh.

V.K. Mantoo, Dy. Law Officer.

Copy of the demolition order has been supplied to Ld.

counsel for appellant.

Ld. counsel for states that since the demolition order has

been supplied today, the appellant be given liberty to

withdraw the appeal and to file fresh one.

Statement of the appellant recorded.

The liberty as prayed is granted.

This appeal stands dismissed as withdrawn.


respondent alongwith copy of this order. File be consigned

to record room.




Sh. Ashutosh Gupta, Ld. counsel for North DMC.

Ld. counsel for respondent seeks more time to file status

report in terms of order dated 08.03.2019.

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

LI concerned to be present on the next date.

Be now listed for further proceedings on 03.12.2019.



A.No. 629/13. 23.09.2019 Present : Sh. T.C. Sharma, Ld. counsel for appellant.

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

At request of Ld. counsel for appellant, be listed for final

arguments on 14.01.2020.



A.No. 669/18 and 670/18. 23.09.2019 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for North DMC.

Sh. S.M. Jamal, Ld. counsel for applicant.

File not yet received from the Ld. Appellate Court, be

awaited for 04.12.2019.



A.No. 946/17. 23.09.2019 Present : Sh. Amit Rana, Ld. counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

Show cause notice be issued to AE(B) as he is absent

despite being directed to appear with the status report of the

regularization application.

Notice be also issued to concerned Dy. Commissioner to

appear on the next date of hearing in case the status report

is not filed.

Be listed on 10.12.2019.



A.No. 364/17. 23.09.2019 Present : Sh. Kailash, son of appellant.

Sh. S.P. Saini, Ld. counsel for SDMC with Sh. Rameez

Abbas, Nodal Officer.

Ld. counsel for respondent again seeks adjournment to file

status report.

The Dy. Commissioner concerned to be present on the next

date as despite repeated directions, the status report has

not been filed.

Notice be also issued to Chief Law Officer, South to appear

on the next date.





Sh. Abdul Haq, Nodal Officer for North DMC with Sh.

Rajesh Kumar Mandal, LI.

As none has appeared for the appellant, be listed for further

proceedings on 13.12.2019.



A.No. 470/17. 23.09.2019 Present : Sh. Dhruv, Ld. Proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Ld. counsel for appellant states that appellant has

challenged the order dated 12.01.2018 in the Hon’ble High

Court and Hon’ble High Court had granted stay. It is further

stated that next date of hearing in the Hon’ble High Court is

07.11.2019.

In view of above, be listed for awaiting the orders of Hon’ble

High Court / further proceedings on 17.12.2019.




Sh. Gyan Chand, Ld. counsel for North DMC.

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

21960 industrial units.

Be listed for arguments on the maintainability of the appeal /

further proceedings on 16.12.2.019.



A.No. 608/17. 23.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for North DMC.

Status report filed stating that the appellant had appliced for

regularization of installed tower / pole in the property in

question bearing no. Khasra No. 354,Village Mungeshpur,

Delhi and the same has been regularized vide letter No.

AE/B/NRZ/2019 D-44 dated 05.03.2019 in accordance with

the guidelines for new permission / regularization policy of

NDMC vide Office Order No. North DMC/EE(B)/HQ-2017/D-

587 dated 06.11.2017 issued by EE(B)/HQ/North DMC and

as per settlement / agreement dated 30.01.2017 vide LPA

No. 572/2011 and Hon’ble High Court order dated

28.08.2017. It is further stated that the regularization of pole

is valid for five years.

This appeal pertains to order of demolition dated

02.06.2017

In view of permission / regularization granted by respondent

the impugned order of demolition dated 02.06.2017 is set

aside on compliance of the terms and condition of letter

dated 05.03.2019.

The respondent is at liberty to take action after the expirt\y

of the period of five years in accordance with law.

The appellant is directed to abide by all the terms and

conditions of the permission letter and on violation of any

condition of the said letter the respondent will be at liberty to

take action as per law against the telecommunication tower

in question.

The appeal stands disposed off.



to record room.



A.No. 1099/16. 23.09.2019 Present : Sh. S. Nayanam, Ld. counsel for appellant.

Sh. Mukesh Sharma, Ld. counsel for EDMC.

Status report filed stating that tower in question has been

regularized vide letter no. D-35 dated 17.09.2019, copy of

said letter has been filed.

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

instructions and final arguments to 16.01.2020.



A.No. 1100/16. 23.09.2019 Present : Sh. S. Nayanam, Ld. counsel for appellant.

Sh. Md. Hashim, Ld. Proxy counsel for EDMC with Sh. P.V.

Singh, EE(B).

Status report filed stating that tower in question has been

regularized vide letter no. D-35 dated 17.09.2019, copy of

said letter has been filed.

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

instructions and final arguments to 16.01.2020.



A.No. 904/18. 23.09.2019 Present : Appellant with Ld. counsel, Sh. Satish Kumar.

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

Manoj Tiwari, LI.

Ld. counsel for appellant states that he has not received the

copy of status report, the same has been supplied today.

Statement of Sh. Manoj Tiwari, LI recorded.

Ld. counsel for appellant states that in view of the status

report filed and statement of LI, the appellant wish to

withdraw the present appeal with liberty to approach the

Hon’ble Supreme Court / Monitoring Committee constituted

by the Hon’ble Supreme Court.

Statement of appellant recorded.

The liberty as prayed for is granted.

This appeal stands dismissed as withdrawn.



to record room.



A.No. 561/19 23.09.2019 Present : Sh. Saurabh Kumar, Ld. counsel for appellant.

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

of sanction of building plan dated 28.06.2019 and

20.07.2018 alongwith application for stay. Be checked and

registered.

Notice of the appeal and application be issued to the

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

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for argument on application for stay on

10.10.2019.



A.No. 569/19 23.09.2019 Present : Sh. Neeraj Tyagi, Ld. counsel for appellant.

Fresh appeal filed u/s 343 (2) of DMC Act against the order

of demolition dated 03.09.2019 alongwith application for

stay. Be checked and registered.






Be listed for arguments on the application for stay on

26.09.2019.

Process be given dasti, as prayed for.



A.No. 565/19 23.09.2019 Present : Sh. Anirudh Mehrotra, Ld. counsel for appellant.



stay and condonation of delay. Be checked and registered.






Be listed for arguments on the application for condonation of

delay and stay on 24.09.2019.

Process be given dasti, as prayed for.



A.No. 564/19 23.09.2019 Present : Appellant with Ld. counsel Sh. Prabhat Kiran.



stay. Be checked and registered.






Be listed for arguments on the application for stay

on01.10.2019.



A.No. 544/19 23.09.2019 Present : Sh. Anirudh Mehrotra, Ld. counsel for appellant.

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

Amar Singh, AE(B).

Status report filed, copy supplied.


Be listed for arguments with the connected appeal on

24.09.2019.

AE(B) to be present on date fixed.



A.No. 566/18 23.09.2019 Present : Ms. N. Sehar, Ld. counsel for appellant.

File taken up on an application moved for early hearing.

Notice be issued to the respondent for 17.10.2019.



A.No. 182/19 23.09.2019 Statement of Sh. Trilok Chand Sharma S/o Late Sh. Jamna Das Sharma,

appellant R/o Flat No.137, Pocket-4, Sector-24, Rohini, Delhi-85.

On SA

I am the appellant in the present appeal. I wish to withdraw the present

appeal with liberty to file fresh appeal as the copy of the demolition order

received today.

RO & AC



A.No. 364/19. 23.09.2019 Statement of Sh. Sanjay Kumar, Ld. counsel for appellant no.1, D-

122A/89, Chamber no. 727, Western Wing, Tis Hazari Court, Delhi.

On SA.

I am the counsel for appellants in the present appeal, I have the

instructions on behalf of appellant no.1 to withdraw the appeal.

RO & AC



A.No. 364/19. 23.09.2019 Statement of Sh. Mohd. Adil, S/o. Sh. Jamil Ahmed Khan, R/o. 114/9,

Gali No.9, Okhla Village, Jamia Nagar, New Delhi-110025.

On SA.

I am the appellant no. 2 in the present appeal, I may be permitted

to withdraw the appeal unconditionally.

RO & AC



A.No. 904/18 23.09.2019 Statement of Sh. Azhar Hussain S/o Sh. Abdul Jabbar, appellant C/o T-

411, Chamelion Road, Ahata Kidara, Delhi-06 also at R/o Property

No.6706, ground floor, Ahata Kidara, Bara Hindu Rao, Delhi-6.

On SA

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

the appeal in view of the status report filed by the respondent and

statement of L.I. concerned with liberty to approach Hon’ble Supreme

Court of India / Monitoring Committee constituted by the Hon’ble

Supreme Court .

RO & AC



A.No. 904/18 23.09.2019 Statement of Sh. Manoj Tiwari, L.I. City SP Zone, North DMC

On SA

The subject property is one of the properties in 21960 for which affidavit

has been filed before the Hon’ble Supreme Court of India in Writ Petition

(C) No. 4677/1985 titled M.C. Mehta Vs UOI. The Hon’ble Supreme

Court vide order dated 26.11.2018 has directed that we direct that none

of these of properties 21960 units should be allowed to reopen without

the permission of this Court.”.

RO & AC



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