A.No. 461/14. Present : Sh. Gaurav Jain, Ld. counsel...

A.No. 461/14. 05.08.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

This appeal pertains to rejection order dated 30.04.2014.

Status report filed stating that permission has been

accorded by the respondent for regularization of tower

installed at the property bearing No. D-66, Gulmohar Park,

New Delhi vide permission letter no.

D/1017/AE(B)/BLDG./SZ/19 dated 07.06.2019.

It is further submitted that impugned rejection order be set

aside as regularization has been granted vide letter dated

07.06.2019 and the appeal may be disposed off.

In view of the grant of permission, the present appeal

stands disposed off. The impugned order is set aside in

view of the permission letter dated 07.06.2019, on

compliance of the terms and conditions of letter dated

07.06.2019.

The appellant is directed to follow and 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 tower in

question.

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

respondent alongwith copy of this order. File be consigned

to record room.

A copy of the order be given Dasti to both the parties, as

prayed for.

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

Appellate Tribunal:MCD 05.08.2019

A.No. 319/18 05.08.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant with A.R.

Sh.Manish Kumar Singh.

Sh. Madan Sagar, Ld. counsel for North DMC.

This appeal pertains to order of sealing dated 09.01.2018.

Ld. counsel for respondent states that the permission has

been granted by the respondent for regularization of tower

installed at the roof top of property plot No.105, Khasra

No.21/6, Revenue Estate of Village Qutubapur, Delhi State

Abadi known as Qutub Vihar, Phase-I, New Delhi vide

permission letter no. EE(B) NGZ/18/D-4/202/TA dated

31.12.2018.

It is further submitted that impugned sealing order be set

aside as permission has been granted vide letter dated



stands disposed off. The impugned order of sealing is set

aside in view of the permission letter dated 31.12.2018, on


31.12.2018.





question. Respondent is directed to deseal the tower in

question within a period of two weeks.



to record room.


prayed for.






Status report filed stating that permission has been

accorded by the respondent for regularization of tower

installed at the roof top property bearing No. 6A/1, Sarvodya

Enclave, Adhchini, New Delhi vide permission letter no.

D/1021/AE(B)/BLDG./SZ/19 dated 07.06.2019.

It is further submitted that rejection order be set aside as

regularization has been granted vide letter dated






07.06.2019.





question.



to record room.


prayed for.

(POONAM CHAUDHARY)

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

05.08.2019




Ld. counsel for respondent has filed copy of the letter

bearing no. D/1943/EE(Bldg.)-I/SZ/2018 dated 28.09.2018

vide which permission has been accorded by the

respondent for regularization of tower installed at the roof

top of property i.e. DTC Terminal, Vasant Vihar Depot,

Vasant Vihar, New Delhi-57.

It is further submitted that rejection order be set aside as

regularization has been granted vide letter dated






28.09.2018.





question.



to record room.


prayed for.



A.No. 1080/15. 05.08.2019 Present : Sh. Manish Kumar Singh, AR of the appellant with Ld.

counsel, Sh. Gaurav Jain.

Ms. Nagina Jain, Ld. counsel for South DMC.

Ld. counsel for appellant states that the tower installed at

the property bearing Khasra no. 1472, F-2/150, Sangam

Vihar, New Delhi stands dismantled. Statement of AR of

appellant recorded in this regard.

Ld. counsel for respondent states that in view of the

statement of AR of the appellant, the appeal be disposed

off.

Ld. counsel for respondent also states that appeal be

disposed off.

Heard, in view of the statement, the appeal is disposed off

as infructuous, the impugned sealing order is set aside.



to record room.


prayed for.



A.No. 804/15. 05.08.2019 Present : Sh. Manish Kumar Singh, AR of the appellant with Ld.

counsel, Sh. Gaurav Jain.

Sh. V.K. Aggarwal, Ld. Proxy counsel for South DMC.

Ld. counsel for appellant states that the tower installed at

the property bearing no. A-727, Bhudha Marg, Mandawali

Fazalpur, Shahdara, Delhi stands dismantled. Statement of

AR of appellant recorded in this regard.

Ld. counsel for respondent states that in view of the

statement of AR of the appellant, the appeal be disposed

off.

Ld. counsel for respondent also states that appeal be

disposed off.

Heard, in view of the statement, the appeal is disposed off

as infructuous, the impugned sealing order is set aside.



to record room.


prayed for.



A.No. 386/2019 05.08.2019 Present : Sh, Dalip Rastogi, Counsel for appellant

Sh. H.R. Aggarwal, Counsel for EDMC.

Status report filed, copy supplied.

This is an appeal against the order of demolition.

Ld. Counsel for appellant has pressed the application

for interim stay.

It is stated that appellants are the owners of the

property bearing No.482 & 484, Bada Thakur Dwara,

Shahdara, Delhi-32 by virtue of family settlement deed

and relinquishment deed, the property in question,

being ancestral. It is submitted that construction in the

property is an old one. It is further alleged that as the

property was in dilapidated conditions, appellants

applied for sanction of building plans. After the building

plans were sanctioned, the appellants started

construction, however, on the false and frivolous

complaint the respondent passed demolition order in

respect of the property in question.

It is further submitted that appellants have applied for

regularization but the same was rejected. Appellants

thereafter applied for re-opening of the regularization

application which is pending but officials of the

respondent has visited the property of the appellant on

27.06.2019 to take demolition action.

It is also alleged by Ld. Counsel for appellant that pursuant

to the IN having been issued by the respondent, appellant

has filed reply dt. 1.8.2018, copy of which has been filed

today. It is also alleged that non-compoundable deviations

are not mentioned in IN.

Ld. Counsel of the respondent submitted that in case there

is any non compoundable deviations in the premises, the

same is required to be removed.

Considering that the regularization application is pending, in

my view the property needs to be protected, thus, till

decision of regularization application, further demolition

action in the property in question bearing No.3/482/484

Bara Thakur Dwar Shahdrara, Delhi pursuant to the

impugned order be kept in abeyance.

However, this order is subject to any other order passed by

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

of the property in question.

Appellant is directed to file affidavit giving details of

construction with measurement 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.

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.

A copy of the orders be given dasti to Ld. Counsels for

parties as prayed for.

Be now listed for filing status report on regularization

application on 24.9.2019.



A.No. 235/19 05.08.2019 Present : Sh. Jaspal Singh, Counsel for appellant

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

Ld. Counsel for respondent seeks more time to file list of

21960 industrial units which have been sealed and not

allowed to reopen without the permission of Hon’ble

Supreme Court,

Licensing Inspector concerned is directed to be present on

next date of hearing along with the report and list of

industrial units.

Respondent is directed to supply the copy of the sealing

order to the appellant.

Be listed on 5.9.2019 for arguments on the maintainability of

appeal.



A.No. 1071/13 05.08.2019 Present : Appellant with Counsel – Sh. Kunal Madan

Sh. V.K. Aggarwal, counsel for EDMC

Ms. Vinnie Sharma, Counsel for Monitoring Committee

Ld. Counsel for respondent states that title documents have

not been supplied. The same had been supplied today

along with the lease deed to show that mixed used activities

are permissible in the premises in question prior to Feb.,

2007.

Ld. Counsel for respondent Monitoring Committee seeks

more time to file status reports.

Be listed for final arguments on 18.9.2019.



A.No. 857/15 05.08.2019 Present : Sh. Pushkar Karni Sinha, counsel for appellant

Sh. Sandeep Gupta, Proxy counsel for respondent

At request of Ld. Counsel for appellant, adjourned to

17.12.2019 for final arguments.



A.No. 862/15 & 860/15 05.08.2019 Present : Sh. Pushkar Karni Sinha, counsel for appellant

Sh. Sandeep Gupta, Proxy counsel for respondent

At request of Ld. Counsel for appellant, adjourned for

arguments on the maintainability of appeal in terms of order

dated 17.07.2017. Be listed on 17.12.2019.



A.No. 204/18 05.08.2019 Present : None for appellant


Sh.Suresh Dua, AE(Bldg.)

It is 1.30 p.m., none appeared for appellant despite of

several calls. Ld. Counsel for respondent states that

connected appeal is listed on 25.9.2019. Be listed on

25.9.2019 for further proceeding.



A.No. 332/2019 05.08.2019 Present : Sh. R.S. Sharma, Counsel for appellant

Sh. Rajiv Garg, ALO

Time is sought to file further status report regarding

remaining unauthorised construction in the property in

question. Ld. Counsel for appellant submits that after the

status report is filed by the respondent regarding

unauthorised construction, he will demolish the same.

Be listed on 21.8.2019 for further proceedings.



A.No. 249/17 05.08.2019 Present : Sh. Chetan Wahi, Counsel for appellant

None for respondent.

Notice of Monitoring Committee be given dasti to the

appellant. Be listed for filing status report by the monitoring

committee on 16.8.2019.



A.No. 58/18 & 66/18 05.08.2019 Present : Sh. B.K. Pandey, Counsel for appellant

Sh. V.K. Aggarwal, Counsel for respondent

Sh. Rohit Kalra, Counsel for applicant

Sh. Srimandir, EE(B), Sh. R.K. Jain, AE(B)

Status report filed by the respondent, copy supplied.

Ld. Counsel for appellant seeks adjournment to file

objections to the status report.

To come up now on 11.9.2019 for arguments.



A.No. 400/13 05.08.2019 Present : Sh. K.B. Gupta, Counsel for appellant

Sh. V.K. Aggarwal, Counsel for MCD

At joint request, adjourned to 15.10.2019 for filing of

synopsis and final arguments.



A.No. 1171/13 05.08.2019 Present : Appellant with Counsel – Sh. Dalip Rastogi

Sh. A.K. Jha, Counsel for respondent

Fresh Vakalatnama filed on behalf of the appellant. At

request of Ld. Counsel for appellant, adjourned to 26.9.2019

for final arguments.



A.No. 814/14 05.08.2019 Present : Sh. Shaurya, Proxy Counsel for appellant

Sh. R.K. Singh, Counsel for respondent with Sh. R.K. Jain,

AE(B)

Request is made by Ld. Proxy Counsel for appellant for

adjournment as main counsel is not available as she

underwent surgery.


Interim orders to continue till next date of hearing.



A.No. 644/17 05.08.2019 Present : Sh. Piyush Pahuja, Counsel for appellant

Sh. A.L. Agnihotri, Counsel for North DMC

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

of synopsis and final arguments to 29.11.2019.





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

It is 12.45 p.m, none has appeared for appellant, 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 17.7.2012 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.

File be consigned to record room.




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

It is 12.45 p.m, none has appeared for appellant, 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 4.9.2012 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.

File be consigned to record room.



A.No. 183/17 & 195/17 05.08.2019 Present : Mr. Fahiz Imtiyaz, Proxy Counsel for appellant

Sh. V.K. Aggarwal, counsel for MCD

Ms. Vibha Mahajan, Counsel for respondent No. 2

Proxy Counsel for appellant seeks pass-over.

Ld. Counsel for respondent submits that she will not be

available on 2nd call as at 2.00 p.m. she has to attend in a

matter in Hon’ble High Court. It is made clear to the Ld.

counsel for appellant that no further adjournment would be

granted in view of the orders passed by the Hon’ble High

Court in Writ Petition (C) No. 9107/17. Be listed for final

arguments on 8.8.2019.



A.No. 176/16 05.08.2019 Present : Appellant with Ld.Counsel Sh. Daman Popli

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





A.No. 948/17 & 474/17 05.08.2019 Present : Sh. Rajesh Kumar, son of appellant

Sh. Shashi Kant, Counsel for respondent

Sh. R.K. Jain, AE (Building)

Request is for adjournment by appellant as his the counsel

is not available. To come up for final arguments on

10.12.2019.



A.No. 685/14 05.08.2019 Present : Sh. Dalip Rastogi, Counsel for the appellant

Sh. H.R. Aggarwal, Counsel for the respondent

At request of Ld. Counsel for appellant, adjournment to

22.11.2019 for filing brief synopsis and final arguments.




A.No. 643/10 05.08.2019 Present : Sh. Mohan Kukreja, Counsel for appellant

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

Objections filed to the status report dt. 28.3.2019 on behalf

of the appellant, copy supplied.

AE(B) is directed to be present on the next date of hearing.

Be listed for final arguments on 1.11.2019



A.No. 592/18 05.08.2019 Present : Sh. G.R. Verma, Counsel for appellant

Sh. Akar Bhardwaj, Counsel for the respondent

Sh. Roshan Lal, AE(B)

Status report filed, copy supplied. Ld. Counsel for appellant

states that an appeal is pending before Ld. District &

Session Judge.

Accordingly, be listed for further proceedings on 6.12.2019.



A.No. 632/18 05.08.2019 Present : Appellant with Proxy Counsel Sh. Saurabh Tyagi

Sh. V.K. Aggarwal, Counsel for north DMC

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

arguments on the maintainability of appeal to 4.10.2019.

Last opportunity granted.



A.No. 387/17 & 388/17 05.08.2019 Present : Sh. S.D. Ansari for appellant

Sh. Dharamvir Guptal, counsel for North DMC

Vakalatnama filed on behalf of the respondent. More time

sought to file Status Report. Ld. Counsel for respo0ndent

submits as the property is lying sealed, the status report

could not be filed today. It is stated that the property is

required to be de-sealed for taking measurement. In view of

the submissions made, respondent is allowed to de-seal the

property on 21.8.2019 from 11.00 a.m. to 3.00 p.m. After

measurement taken by the respondent, the property be de-

sealed. Appellant is directed to be present at the time of

inspection.

To come up for filing of status report on arguments on

31.8.2019.



A.No. 363/19 05.08.2019 Present : Appellant in person.

Sh. Dharamvir Gupta for North DMC

Memo filed on behalf of the respondent. Appellant seeks

adjournment as his counsel is out of station. Ld. Counsel of

MCD seeks time to file status report.

At request, adjourned to 11.9.2019 for argument on stay

application and condonation of delay.

(POONAM CHAUDHARY)

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

05.08.2019

A.No. 409/19 05.08.2019 Present : Sh. G.R. Verma, Counsel for appellant

Sh. H.R. Aggarwal for North DMC

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

Vakalatnama filed on behalf of the respondent. Time is

sought to file status report. Record be deposited in registry.

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

arguments on stay application and condonation of delay to

19.8.2019.



A.No. 813/14 05.08.2019 Present : Sh. Ramesh Kumar, Ld. Counsel for the appellant.

None for the respondent /North DMC.

Sh. Vikas Aggarwal, Ld. Counsel for applicant.

At request of Ld. Counsel for appellant, be listed for

consideration of the application for withdrawal on

11.09.2019.

Notice be issued to the Chief Law Officer North DMC as

none has appeared on behalf of the North DMC.



A.No. 452/17 05.08.2019 Present : Sh. Hari Ram brother in law of the appellant.

Sh. Varun Khera, Ld. proxy counsel for respondent.

Adjournment sought on behalf of the appellant as his

counsel is not available today.

To come up for final arguments on 14.10.2019.



A.No. 189/14 05.08.2019 Present : Sh. Pawas Arora, Ld. counsel for appellant.

Sh. Nilesh Sawhney, counsel for New Delhi Municipal

Council.

Notification conferring powers has not been received.

Be listed for further proceedings / final arguments on

19.12.2019.



A.No. 65/17 05.08.2019 Present : Sh. S.S. Khatri, Ld. counsel for appellant.

Ms. Sudesh Sharma, Ld. counsel for respondent.

Sh. Ravinder Singh, applicant in person.

Be listed for final arguments on 25.11.2019 with connected

appeal. Interim order to continue till next date.



A.No. 810/18 05.08.2019 Present : Sh. S.S. Khatri, Ld. counsel for appellant.

Ms. Sh. Sahil Garg Narwana, Ld. counsel for respondent.

More time is sought to file the status report.

Show cause notice be issued to the AE(B) to appear on the

next date with status report.

It is submitted by Ld. counsel for respondent that record

has been deposited in the connected appeal bearing

No.65/17.




A.No. 27/19 05.08.2019 Present : None for the appellant.

Sh. Absar Ahmad, Ld. counsel for SDMC.

Status report filed. Copy be kept on record to be supplied to

the appellant.

Be listed for arguments on the application for condonation of

delay and final arguments on 11.11.2019. Interim order to

continue till next date.



12.20 p.m.

At this stage Ld. Counsel Sh. Gautam Gupta, has appeared

for appellant. He has been apprised of the order.



A.No. 950/17,1007/17, 949/17& 1008/17 05.08.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,Ld. counsel for

MCD.

At joint request, to come up for final arguments on

20.11.2019. Interim order to continue till next date in appeal

No.949/17 and 1007/17.



A.No. 655/18 & 743/18 05.08.2019 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Ld. counsel for respondent states that he has not received

the copy of the application for amendment moved by the

appellant, the same be supplied.

Be listed for arguments on the application for amendment

on 20.11.2019.



A.No. 942/18 & 234/19 05.08.2019 Present : Sh. Alamgeer, Ld. counsel for appellant.

Sh. Absar Ahmad, Ld. counsel for SDMC.

Ld. counsel for appellant states that an application has been

moved for regularization. Copy of the same be supplied to

the counsel for respondent. Status report regarding

regularization application be filed on next date.

Be listed for filing status report by the respondent on

26.09.2019.



A.No. 875/18 05.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

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

copy of the reply filed by the MCD, the same be supplied.

Be listed for final arguments on 12.12.2019. Interim order to

continue till next date.



A.No. 870/18 05.08.2019 Present : Sh. Piyush Kulshreshta, Ld. counsel for appellant.

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

Srimandir, EE(B) and Sh. Shalender Kumar, AE(B).


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

status report.

Be listed for arguments on the application for condonation of

delay and appeal on 11.10.2019.



A.No. 175/19 05.08.2019 Present : Appellant with Ld. counsel Sh. Sushil Sharma.

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

Sachin Kumar.

More time is sought to file the status report and record as

L.I. has recently taken charge.

Be listed for filing status report, record and arguments on

10.10.2019.



A.No. 299/19 05.08.2019 Present : Appellant with Ld. counsel Sh. Parvinder Chauhan.

Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. Rajeev

Garg, ALO.

Vakalatnama on behalf of respondent filed.


Record be deposited with registry.

Ld. counsel for appellant seeks time to file documents.

At request, adjourned to 16.09.2019 for arguments on the

application for stay.



A.No. 206/19 05.08.2019 Present : Pierre Uppal, Ld. counsel for appellant.

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

Show cause notice be issued to the EE(B) to appear with

record and status report on 27.09.2019.



A.No. 352/19 05.08.2019 Present : Sh. Sachin Kumar son of the appellant with Ld. proxy

counsel Sh. Sunil Ojha.

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

Status report and written submissions filed on behalf of the

respondent, copy supplied.

Ld. proxy counsel of appellant seeks adjournment as the

main counsel is ill.

At request, adjourned to 11.10.2019 for arguments on the

application for condonation of delay.



A.No. 218/15 05.08.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

This appeal pertains to demolition order dated 23.03.2015.

Ld. counsel for respondent states that the permission has

been granted by the respondent for regularization of tower

installed at roof top of property in question bearing No.R-

278, Greater Kailash-I, New Delhi vide permission letter

No.D/1019/AE(B)__/BLDG/SZ/2019 dated 07.06.2019.

Ld. counsel for appellant submits that demolition order be

set aside as permission has been granted vide letter dated


Keeping in view, in view of the grant of permission, the

present appeal stands disposed off. The impugned order of

demolition is set aside in view of the permission letter dated

04.07.2019 on compliance of the terms and conditions of

letter dated 04.07.2019.





question.

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


to record room.

A copy of the order be given Dasti to counsel for parties, as

prayed for.



A.No. 120/19 & 121/19 05.08.2019 Present : Both appellants with Ld. counsel Sh. V.K. Arora.

File taken up on the application moved on behalf of the

appellant for withdrawal of the appeal.

Notice be issued to the respondent for date fixed i.e.

20.08.2019.

Appellants to be present on date fixed.



A.No. 94/18 & 36/18 05.08.2019 Present : Sh. Nitin, Ld. proxy counsel for North DMC.

File taken up on the application moved for early hearing.

Notice be issued to the appellant for 07.08.2019.

Process be given dasti.



A.No. 437/19 05.08.2019 Present : Appellant with Ld. counsel Sh. Sagar Hajela.

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

of demolition alongwith application for stay, copy of the

order not placed on record. 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 stay application on 20.08.2019.



A.No. 444/19 05.08.2019 Present : Appellant No.1 with Ld. counsel Sh. Manoj Kumar.

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

of demolition dated 16.12.2016 alongwith application for

stay and condonation of delay. Be checked and registered.






Be listed for arguments on the application for stay and

condonation of delay on 04.09.2019.



A.No. 442/19 05.08.2019 Present : Ld. counsel for appellant Sh. Manoj Kumar.













A.No. 443/19 05.08.2019 Present : Appellant No.1 with Ld. counsel Sh. Manoj Kumar.













A.No. 703/18 05.08.2019 Present : Sh. Milan Tyagi, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.

Ld. counsel for appellant has pressed for interim stay on the

ground that otherwise the appeal will become infructuous.

The submissions made by Ld. counsel for appellant is that

appellant is the co-owner of the property in question bearing

MNo.410/5, Govind Puri, Kalkajin, New Delhi by virtue

partition decree passed in a suit No.7868/16 titled M.M.

Sharma Vs. Brij Mohan Sharma & Others. It is further

stated that the constructed in the property is old one upto

second floor since 1988. The appellant is in possession of

56 sq.yds. It is submitted that appellant has not raised any

unauthorized construction but has carried out only repairs.

It is further submitted that no show cause notice was served

upon the appellant. It is prayed that interim protection be

granted.

Status report has been filed by respondent / SDMC stating

that unauthorized construction in the shape of ground floor,

first floor were noticed in the property in question pursuant

thereto a show cause notice was issued and demolition

order was passed on 08.06.2018. demolition action was

taken on 28.08.2018 during which RCC roof slab of first

floor and parapet wall of first floor was demolished.

Thereafter again on 16.11.2018 RCC slab of ground floor

were demolition.

Ld. counsel for appellant in support of his contention that

construction is an old one has filed a judgment and decree

passed by Ld. ADJ in suit for partition and permanent

injunction. The said suit was filed in the year 2010

alongwith site plan

In view of the above documents filed by the appellant, in my

view he has made out a case for interim stay. Till next date

of hearing there shall be interim stay of further demolition in

the property in question i.e. property bearing no.410/5,

Govind Puri, Kalkaji, New Delhi pursuant to the demolition

order dated 08.06.2019.

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.

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.


A copy of the order be given Dasti to counsel for parties, as

prayed for.



A.No. 269/19 05.08.2019 Present : Sh. Shekhar Nanawati, Ld. counsel for appellant.

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

Prakash, AE(B).


Ld. counsel for respondent seeks time to file the calculation

of the misuse charges and penalty, if any, payable by the

appellant for misuse and also the purpose for which the

property in question can be used.

Be listed on 03.09.2019 for filing of the report.



A.No. 415/19 05.08.2019 Present : Appellant with Sh. R.S. Sasan, Ld. counsel for appellant.

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

Ld. Counsel for appellant seeks adjournment for filing an

application for withdrawal of the appeal.

To come up for filing record and status report by the

respondent on 25.09.2019.



A.No. 472/17. 05.08.2019 Present : None for the appellant.

No one has appeared on behalf of the appellant despite

several calls since morning.

On last three dates also no one had appeared for the

appellant.

It is 1.00 PM; it appears that appellant is not interested in

pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution. The impugned order dated 01.06.2017 stands

confirmed. The respondent is at liberty to take action as per

law. AE (B) concerned is directed to file the action taken

report before Dy. Commissioner concerned. A copy of this

order be sent to the Dy. Commissioner concerned to ensure

compliance thereof.



to record room.



A.No. 882/2017 &883/17 05.08.2019 Present : Sh. G.R. Verma, counsel for appellant

Sh. V.K. Aggarwal, counsel for respondent

At request of counsel for respondent, last opportunity

granted for final arguments.

Be listed on 5.11.2019.

Interim order to continue till next date.



A.No. 786/18 05.08.2019 Present : Sh. G.R. Verma, counsel for appellant

Sh. V.K. Aggarwal, Counsel for respondent

More time is sought to file status report of the regularization

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

hearing along with status report and record.




A.No. 133/17 05.08.2019 Present : Sh. Laxmi Singh, Counsel for the appellant

Sh. K.K. Arora, counsel for North DMC

Sh. A.K. Jain, AE(Building)





A.No. 319/18 05.08.2019 Present : AR of the appellant with Counsel Sh. Gaurav Jain

Sh. Madan Sagar, Counsel for the respondent

Ld. Counsel of the appellant states that the permission has

been accorded vide letter No. ------- in respect of the

property in question. In view of the status on permission of

regularization having been accorded, appeal stands

disposed off being infructuous with instructions that the

sealing order is set aside. Respondent is directed to deseal

the tower in question within two weeks.

Appeal stands disposed off.



A.No. 946/15 05.08.2019 Present : Sh. Gaurav Jain, counsel for appellant


At request of Ld. counsel for respondent, adjourned to

18.12.2019 for filing of status report regularization

application.



A.No. 188/18 & 190/18 05.08.2019 Present : Sh. Gaurav Jain, Counsel for appellant

Shri Ranjit Pandey for respondent.

`Ld counsel for respondent seeks more time to file status

report. Adjournment granted subject to payment of Rs.

3000/- as cost.

Be listed for filing of status report on 27.08.2019.



A.No. 37/17 05.08.2019 Present : Sh. Ramesh Kumar, counsel for appellant

Sh. K.K. Arora, counsel for appellant.

Action Taken Report not filed. More time is sought to file

the same. .

Show Cause Notice be issued to AE (B) concerned to

appear with status report .

To come up on 01.10.2019 for final arguments.



A. No 68/19. 05.08.2019 Present : Appellant with the counsel Sh. Vidya Bhushan

Sh. Abdul Haq, Nodal Officer for North DMC

Rejoinder filed on behalf of the appellant along with

documents, copy supplied. Application moved on behalf of

the appellant u/s 340 CPC, the same be registered

separately by Ahlmad. Copy of the same supplied. Nodal

Officer for North DMC requested for adjournment as their

counsel is not available.

Chief Law Officer, North DMC is directed to be present on

the next date of hearing.

To come up now for final arguments on 4.10.2018.

Interim order to continue till next date.



A.No. 20/19. 05.08.2019 Present : Sh. Sushil Kumar, appellant in person

Sh. Sagar Dama, counsel for respondent.

An application moved for withdrawal of appeal.

At request of appellant, adjourned to 04.09.2019 as his

counsel is not available today.



A.No. 78/2019 05.08.2019 Present : Sh. R. R.Gupta, appellant for the counsel

Sh. Abdul Haq, Nodal Officer, North DMC

Fresh Vakalatnama filed on behalf of the appellant. The

respondent has placed on record, the list filed in the Hon’ble

Supreme Court, copy supplied.

Objections filed on behalf of the appellant, copy supplied.

At joint request, adjournment to 25.9.2019 for arguments.



A.No. 1080/15. 05.08.2019 Statement of Sh. Manish Kumar Singh, AR of Indus Towers Ltd. Building

no.10B, 9th Floor, DLF Cyber City, Gurgaon.

On SA.

I am the AR of the appellant in the present case. I have

been authorized to give statement on behalf of the company. The

telecommunication Tower installed at the property bearing Khasra no.

1472, F-2/150, Sangam Vihar, New Delhi has been dismantled, the

appeal may be disposed off.

RO & AC



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