A.No. 811/17 and 828/17. 25.07.2019 Present : Son of...

A.No. 811/17 and 828/17. 25.07.2019 Present : Son of appellant with Ld. counsel for appellant from LAC,

Sh. Parikshit Mahipal,

Sh. Rohit Sharma, Ld. counsel for EDMC.

Ld. counsel for appellant states that the appeal is to be

withdrawn.

At request, be listed for further proceedings on 06.09.2019.

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

Appellate Tribunal:MCD 25.07.2019

A.No. 442/18. 25.07.2019 Present : None for the appellant.

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

Ld. counsel for respondent has submitted that interim order

was granted in respect of shop no. 819, Ward No.9, Chattar

Sheik Mangloo, Jama Masjid, Delhi whereas the premises

in question is bearing no. 817, Ward No.9, Chattar Sheik

Mangloo, Jama Masjid, Delhi.

None has appeared for appellant, be awaited till 1.00 pm.



At 2.00 pm.

Present : None for the appellant.


Appellant has not appeared even on second call.

Be listed for further proceedings on 05.09.2019.



A.No. 96/18. 25.07.2019 Present : None for appellant.

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

It is 1.10 pm.

Neither appellant nor his counsel has appeared despite

several calls since morning. None had appeared for the

appellant even on the previous date. In view thereof, the

appeal stands dismissed in default for non-prosecution. The

impugned order dated 18.05.2017 stands confirmed.

Respondent is at liberty to take action in the property in

question in terms of the impugned order. Action taken report

be submitted to the Dy. Commissioner concerned by the

AE(B).

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. 272/19. 25.07.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for SDMC.

Vakalatnama on behalf of respondent filed.

Ld. counsel for respondent seeks time to file status report.

Record be deposited with the Registry.

Documents filed by appellant, copy supplied.

It is stated that another connected appeal is listed on

19.08.2019.

Be listed for arguments on the application for stay on

19.08.2019.



A.No. 809/18. 25.07.2019 Present : None for the appellant.

Sh. Mohit Sharma, Ld. counsel for EDMC.

Status report/Action taken report filed stating that the

demolition action was taken on 04.07.2019 against the

unauthorized construction..The roof slabs of both the

rooms, kitchen, toilets and bathrooms were demolished..

rendering the entire unauthorized construction unusable.

In view of the action taken report, file be consigned to

Record Room.



A.No. 659/18. 25.07.2019 Present : Sh. Abhishek, Ld. Proxy counsel for appellant.

Sh. Sanjay Sethi, Ld. counsel for SDMC.

Proxy counsel for appellant states that an application has

been moved for regularization on 29.01.2019, photocopy of

the same has been filed and a copy supplied to Ld. counsel

for respondent. Status report of the same be filed on the

next date.




A.No. 633/17. 25.07.2019 Present : Appellant with Ld. counsel, Sh. Prakash Pandey.

Sh. Sahil, Ld. Proxy counsel for EDMC.

At joint request, adjourned for filing of synopsis and final

arguments on 18.11.2019.



A.No. 157/19. 25.07.2019 Present : Sh. Mohd. Fahad, Ld. counsel for appellant.

Sh. Anil Kashyap, Ld. Proxy counsel for applicant.

Sh. Abdul Haq, Nodal Officer from North DMC.

Vakalatnama on behalf of appellant filed.

Reply filed on behalf of appellant to the application moved

under Order 1 Rule 10 r/w section 151 CPC by the

applicant.

At joint request of Ld. counsel for appellant and applicant ,

adjourned for arguments on the application to 28.11.2019.

Interim order to continue till next date.



A.No. 546/17 and 549/17. 25.07.2019 Present : Sh. Asad Rajan, Ld. Proxy counsel for appellant.

Sh. Madan Sagar, Ld. counsel for SDMC.

Sh. Ashish Dixit, Nodal Officer for DDA.

Ld. counsel for respondent states that the present matter

pertains to the Monitoring Committee.

Notice be issued to the Monitoring Committee for next date

of hearing.

Status report be also filed by respondent/MCD on the next

date.





A.No. 207/17. 25.07.2019 Present : Sh. Sanjeev Narang, Ld. counsel for appellant.

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

Ld. counsel for appellant seeks adjournment .

At request, adjourned for final arguments to 24.09.2019.




A.No. 302/19. 25.07.2019 Present : Sh. A.K. Sharma, Ld. counsel for appellant.

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

Status report filed stating that the property in question is

one of the 21960 Industrial Units which was sealed pursuant

to the directions issued by Hon’ble Supreme Court in Writ

Petition (Civil) No. 4677/1985 titled M.C. Mehta Vs. Union of

India & Ors. dated 07.05.2004 regarding which affidavit has

been filed by Ld. Commissioner, MCD. It is stated that as

per the record provided by DSIIDC, alternative industrial plot

has been allotted against the property in question and

during inspection, an industrial unit was found running in

violation of the orders of Hon’ble Supreme Court as such it

was sealed on 16.11.2017. It is also stated that in view of

the directions of Hon’ble Supreme Court none of the 21960

Industrial Units can be opened without the permission of

Hon’ble Supreme Court. Therefore, this tribunal has no

jurisdiction. It is also stated that one appeal had been filed

against the impugned order being appeal no. 222/18 titled

“Ram Avtar Vs. North DMC” and the same was dismissed

vide order dated 28.03.2019 as such the appeal is not

maintainable.

Be listed for arguments on the maintainability of the appeal

on 30.07.2019.

The file of said appeal be attached with this file by Registry.



A.No. 331/18, 1044/17, 1050/17, 188/17 and 181/17. 25.07.2019 Present : Sh. K.N. Singh, Sh. R.Menon, Sh. Himanshu Sharma and

Sh. Amit Vohra, Ld. counsels for appellants.

Sh. Shashikant Sharma, Sh. Sanjeev Kumar Yadav and Ms.

Beena Sharma, Ld. counsels for South DMC.

Sh. R.Menon, Sh. Himanshu Sharma and Sh. Amit Vohra,

Ld. counsels for appellants state that they have not received

the copy of written submissions filed by the respondent.

Sh. Shashikant Sharma, Ld. counsel for respondent states

that they have sent it by speed post. He further states that

he will supply another copy to them, another copy supplied

today.

To come up now for final arguments on 01.10.2019.




A.No. 381/17 and 434/17. 25.07.2019 Present : Sh. Arush Kapoor, Ld. Proxy counsel for appellant. Sh.

H.R. Aggarwal and Sh. Dharamvir Gupta, Ld. counsels for

respondent/MCD.

Ld. counsels for respondent state that the regularization

application of the appellant stands rejected.

Ld. counsel for appellant seeks time to file brief synopsis

with advance copy to the other side.

At request, be listed for final arguments on 04.11.2019.




A.No. 199/17. 25.07.2019 Present : Sh. Narender Kumar, husband of appellant.

Sh. Dharamvir Gupta, Ld. counsel for SDMC.

Request is made for adjournment by appellant as counsel

for appellant is not available today.

To come up for arguments on application and appeal on

14.11.2019.



A.No. 914/17. 25.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Ld. counsel for appellant submits that the appellant could

not file the affidavit giving the details of existing construction

as directed vide order dated 07.12.2017.. Since the order

dated 07.12.2017 was not complied with by the respondent,

the respondent is now directed to deseal the property on

07.08.2019 between 1100 am to 5.00 pm and reseal the

same after inspection on the same day.

The appellant will thereafter file his affidavit giving the

details of construction and also supply the copy of the same

to AE(B) who will file the status report of the same.

To come up for further proceedings on 12.09.2019.

A copy of the order be given dasti Ld. counsel for

respondent, as prayed for.



251-SCM-14. 25.07.2019 Present : None for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Sh. R.K. Singh, Ld. counsel for DDA.

None for the Monitoring Committee.





Ms. Manjusha Jha, Ld. counsel for EDMC with Sh. R.K.

Jain, AE(B).

Status report filed alongwith photographs, copy kept on

record to be supplied to the appellant.

To come up for further proceedings / final arguments on

18.10.2019.



A.No. 879/18. 25.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Status report filed, copy supplied.

Ld. counsel for appellant seeks time to file synopsis.

To come up for final arguments on 15.10.2019.




A.No. 783/14. 25.07.2019 Present : Appellant in person.

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

Appellant seeks adjournment as his counsel is not available

today. Appellant however submits that he has filed an

application for regularization of the construction on

05.07.2019, the status report of the same be filed on the

next date.




A.No. 321/18 and 322/18. 25.07.2019 Present : Sh. Rahul Malik, Ld. counsel for appellant.

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

Request is made for adjournment by Ld. counsel for

respondent as main counsel is not available today.




A.No. 240/17 and 684/16. 25.07.2019 Present : None for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.




A.No. 300/17. 25.07.2019 Present : Sh. Danish, son of appellant.


Sh. Praveen Kumar, Ld. counsel for applicant.

Request is made for adjournment by son of appellant as his

counsel is not available today.

At request, one final opportunity is granted for final

arguments.

Be listed for final arguments on 18.10.2019.





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

Be awaited till 1.00 pm.



A.No. 293/17. 25.07.2019 Present : Sh. Manoj Kumar, brother of the appellant.

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

Y.P. Singh, AE(B).

Ld. counsel for respondent states that the order dated

06.02.2018 has been complied with, the status report

regarding the verification of the affidavit of the appellant

has been filed.

Time is sought to deposit the cost imposed vide order dated

06.20.2018 in the Registry today itself.

Request is made for adjournment by appellant as his

counsel is not available.





A.No. 181/18, 180/18 and 179/18. 25.07.2019 Present : Sh. Mohit Bhadu, Ld. counsel for appellant.

Ms. Neetu, Nodal Officer for SDMC.

Reply to the status report filed.





A.No. 862/18 and 863/17. 25.07.2019 Present : Sh. S.C. Pathak, Ld. counsel for appellant.

Sh. K.K. Arora and Sh. Shashikant Arora, Ld. counsels for

respondent.

Ld. counsel for appellant seeks more time to file

clarification regarding the variations in the affidavit of

appellant.

Be listed for final arguments on 30.10.2019.




A.No. 52/17 and 507/17. 25.07.2019 Present : Sh. Vikas Gupta, Ld. Proxy counsel for appellant.

Sh. K.K. Arora, Ld. Proxy counsel and Sh. Umesh

Gupta,Ld. counsel for MCD.

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

arguments to 04.12.2019 since the main counsel has

undergone surgery.




M.No. 485/17. 25.07.2019 Present : None for appellant.

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

More time is sought to file the action taken report .

Action taken report be submitted to the Dy. Commissioner

concerned by the AE(B) who will ensure the compliance of

the impugned order.



to record room.



M.No. 1206/13 and 1207/13. 25.07.2019 Present : None for appellant.

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

Status report filed regarding the action taken pursuant to the

impugned order. It is stated that the further action is to be

taken. Further action taken report be submitted to the Dy.

Commissioner concerned by the AE(B) who will ensure the

compliance of the impugned order.



to record room.




Sh. Sanjay Sethi, Ld. counsel for North DMC with Ms. Sarita

Gaur, ALO.

Status report filed alongwith photographs stating that due to

Modal Code of Conduct during General Elections, the action

could not be taken pursuant to the impugned order.

Action taken report be submitted to the Dy. Commissioner

concerned by the AE(B) who will ensure the compliance of

the impugned order.



to record room.



A.No. 430/19. 25.07.2019 Present : Sh. Imran Khan, Ld. counsel for appellant.

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

demolition dated 31.01.2018 alongwith application for stay

and condonation of delay. Be checked and registered.

Notice of the appeal and applications be issued to the

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

directed to appear and file entire record of the proceedings,

reply and status report of the appeal on date fixed.

Be listed for arguments on the application for stay and

condonation of delay on 13.08.2019.



A.No.419/19.and 418/19. 25.07.2019 Present : Sh. S. Sharma, Ld. counsel for appellant.

Fresh appeal filed u/s 347B(m) of the DMC Act against

order of demolition dated 03.11.2017 alongwith application

for 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 and file entire record of the proceedings,

reply and status report of the appeal on date fixed.

Be listed for arguments on the application for condonation of

delay on 23.08.2019.



A.No. 240/19. 25.07.2019 Present : Sh. Anand Prakash, Ld. counsel for appellant.

Sh. Adil Hussain, Ld. counsel for North DMC and Sh. Abdul

Haq, Nodal Officer from North DMC.

An application moved for early hearing.

It is stated by Ld. Counsel for appellant that application for

regularization has been filed.

The respondent is directed to file the status report regarding

the regularization application on the date fixed.

Ld. counsel for appellant has pressed the application for

interim stay, the same is opposed by Ld. counsel for

respondent on the ground that the appeal is time barred. It

is also submitted by Ld. counsel for respondent that no

documents of ownership have been supplied to the

respondent.

As regards the application for interim stay is concerned, Ld.

counsel for appellant contended that property in question is

protected by National Capital Territory of Delhi Laws

(Special Provisions) Second (Amendment) Act, 2011 as

amended w.e.f. 31.12.2017.

It is to be noted that photocopy of the registered Sale Deed

has been placed on record by the appellant dated

22.12.2005 according to which the property in question was

a built up one at the time of purchase by her but the extent

on quantum of construction of property is not mentioned

therein. Thus this question is to be considered on merits.

Per contra it is submitted by Ld. counsel for respondent that

unauthorized construction in the shape of entire ground

floor, first floor and second floor of the property in question

has been booked. It is further stated that the appeal is time

barred as demolition action had been taken place on

18.03.2019 wherein one panel of roof slab of third floor were

demolished. Thus the contention of Ld. counsel for

appellant that he was not aware of the demolition order is

incorrect. Heard In my view as the question of limitation is to

be considered. Thus no ground is made out for interim stay.

Be listed on date already fixed i.e. 06.08.2019 for final

arguments as no early date is possible due to heavy board.

A copy of order be given dasti to ld. Counsel for parties, as

prayed for.



A.No. 97/19. 25.07.2019 Present : Ms. Suman Jain, Ld. Proxy counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for SDMC with Sh. Brij

Kishore, AE(B).

Sh. Shankar Chhabra, Ld. counsel for applicant/intervener.

An application moved u/s. 5 of the Limitation Act on behalf

of appellant, copy be supplied.

Reply filed by the appellant to the application under Order 1

Rule 10 CPC alongwith documents, copy supplied.

Status report filed stating that the accommodation of first

floor and second floor of the suit property tallies with the

affidavit/site plan filed by the appellants, however, ground

floor could not be inspected as it was found locked. The

applicant is stated to be in possession of the ground floor.

Respondent is directed to inspect the first floor of the

property in question on 26.07.2019 from 3.00 pm to 5.00

pm. The applicant is directed to enable the AE(B) to

inspect the property and file further status report.

To come up for arguments on the application under Order 1

Rule 10 CPC and u/s 5 of Limitation Act on 01.10.2019.




A.No. 441/18. 25.07.2019 Present : Shri Prashant Katara,Ld. counsel for appellant.

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

Shri R.K. Jain, AE(B) .

Ld. counsel for appellant states that he has not received

copy of application moved under order 6 Rule 17 CPC as

well as Rule 14 of DMC Act. The same be supplied during

the course of the day.

To come up for reply and arguments on the application on

09.08.2019.



A.No. 440/18. 25.07.2019 Present : Shri Prashant Katara,Ld. counsel for appellant.


Shri R.K. Jain, AE(B) .

Reply filed by respondent to the application under section 5

of Limitation Act read with Rule 17 of DMC Act. Copy

supplied.

Ld. counsel for appellant states that he has not received

copy of application moved under order 6 Rule 17 CPC and

Rule 14 of D.M.C. Appellate Tribunal (Procedure) Rule

1986. The same be supplied during the course of the day.


09.08.2019.



A.No. 250/19. 25.07.2019 Present : Appellant with counsel Shri Devender Mor.

Shri Bharat Malhotra, Ld. counsel for respondent .

An application has been moved under Order 6 Rule 17 CPC

by appellant with amended appeal, copy supplied.

Ld. counsel for respondent states that appellant has not

supplied the title documents. The appellant is directed to

place on record the entire chain of title documents.


06.08.2019.



A.No. 918/14. 25.07.2019 Present : Shri Sushil Kumar,Ld. proxy counsel for appellant .


Ld counsel for appellant states that main counsel is not

available, and further states that he is not aware whether

the IN dated 29.10.2018 has been complied with by

appellant subject to compliance of the same by the

appellant within one week

status report be filed by the respondent on the next date.

Be listed on 05.12.2019 for further proceedings.



A.No. 861/15,881/15,919/15,859/15,876/15,877/15,878/15, 880/15,882/15 and 931/15. 25.07.2019 Present : Shri Sanjiv Arora, Ld. proxy counsel for appellant .

Sh. V.K. Aggarwal,, Shri Subodh Kumar,Shri Sandeep

Gupta, Shri Sandeep Kaushik, and Shri H.R. Aggarwal, Ld.

counsels for MCD.

Shri A.K. Gupta, EE(B) , Shri S.K. Jain, AE(B), and Shri

Jitender Kumar Meena, JE(B) .

Status report filed stating that vide order dated 14.11.2018,

appellant was directed to take steps in terms of the

settlement arrived at before the Hon’ble High Court in LPA

No. 572/2011 titled as MCD V/s Cellular Operators

Association of India and Ors. However, the appellant has

not taken any steps so far. Copy of status report supplied.

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

proceedings to 06.12.2019 as main counsel is not available

today.



A.No. 356/19. 25.07.2019 Present : Shri Sahil Dagar,Ld. counsel for appellant .

Ms. Seema Gupta, Ld. counsel for respondent.

Vekalatnama filed on behalf of the respondent.

Status report filed. Copy supplied.

An application has been moved for withdrawal of the

appeal stating that the appellant company has dismantled

the telecom tower in question equipment from the property

in question i.e. Property No. 1-A Banarsi Das Estate,

Timarpur, Delhi, in view thereof, the appeal has become

infructuous . Statement of the Ld. counsel for appellant

recorded.

In view of the statement of Ld. counsel for appellant, the

appeal stands dismissed as withdrawn having become

infructuous.

Since the demolition order has become infructuous, no

further directions are required to be passed.


respondent alongwith a copy of this order.

File be consigned to record room.



A.No 25.07.2019 Present :



A.No. 275/18. 25.07.2019 Present Shri Ajay Kumar, Ld. counsel for appellant .

Shri Sanjiv Kumar, EE(B) .

Shri Vinod Bansal, AE(B) .

Status report filed giving details of excess

coverage/deviations, copy supplied.

Ld counsel for appellant seeks time to file objection to the

status report and further submits that reasonable time may

be granted since he has to consult the Architect.


An application moved by appellant under section 10 &12

of Contempt of Courts Act, the same be registered

separately.




A.No. 582/18. 25.07.2019 Present Shri Ajay Kumar, Ld. counsel for appellant .

Shri Sanjiv Kumar, EE(B) .

Shri Vinod Bansal, AE(B) .

Be listed with connected appeal bearing No.275/18 for

further proceedings on 14.11.2019.



A.No. 22/15 and 23/15. 25.07.2019 Present : Shri K.B. Gupta, Ld. counsel for appellant .

Sh. Shashikant Sharma, Ld. counsel for respondent.

Ld. counsel for appellant states that SLP No.6894/2017 is

pending accordingly be listed for awaiting orders/further

proceedings on 25.11.2019.



A.No. 821/18. 25.07.2019 Present : Shri Osama, Ld. proxy counsel for appellant .

None for respondent.

Show cause notice be issued to AE(B) concerned to appear

on next date with status report.

Request is made for adjournment as main counsel is busy

in some other court.

At request, adjourned for arguments on 18.09.2019.

.(POONAM CHAUDHARY)

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

25.07.2019

A.No. 447/17. 25.07.2019 Present : Shri Sanjiv Ralli, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Shri M.K. Malhotra, Ld. Proxy counsel for respondent No. 2.

Status report filed by North DMC regarding verification of

affidavit by appellant regarding construction existing at site.

It is submitted that ground floor of the property could not be

inspected as it was found locked. It is further stated that

construction at first floor shown in the plan/affidavit did not

match with the construction at site as toilet has been shown

at different location. It is further submitted that the

constructions at second floor and third floor shown in the

plan/affidavit match with the construction at site.

Ground floor will now be inspected by AE(B) concerned on

21.08.2019 from 2.00 PM to 5.00 PM. Respondent No. 2

who in occupation of the same is directed to be present on

the said date and time. Further report be submitted by the

respondent on next date.

Ld counsel for appellant seeks time to file objection to the

status report. He also seeks time to file documents showing

that the property is protected under the provisions of Special

Laws.

Be listed for arguments on 06.09.2019.

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

prayed for.



A.No. 1087/15, 1088/15, 806/17, 645/15, M- 61/15, 807/17, 677/15 & M-60/15.

25.07.2019 Present : Appellant Shri Amit Chand, Shri Abhijeet, Shri Rajender

Sharma, with Sh. Rajesh Kumar Sharma Ld. counsel for

appellant for Appeal No. 806/17, 645/15, M- 61/15, 807/17,

677/15 & M-60/15.

Sh,. Dharamvir Gupta/Shri Vikas Gupta,/ Ms. Vasu Singh,

Ld. counsel for respondent.

Shri Rajiv Garg, ALO.

Ms Bindu Galgat, Dy Director (Architecture) Shri Anil Fulzela Assistant Architect, DDA. Shri R.K. Jain, AE(B) Deputy Director (DDA) has filed a copy of lay out plan and

standard plan of Gulabi Bagh.

Ld. counsel for appellant seeks time to inspect the file and

to peruse the plans which have been filed today.



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


M No. 10/19. 25.07.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .0

None for respondent.

Arguments heard on the application under order 41 Rule 19

read with section 151 CPC.

To come up for orders on 08.08.2019.



A.No. 395/19. 25.07.2019 Present : Appellant with Ms. N. Sehar, Ld. counsel for appellant .

Sh. Shashikant Sharma, Ld. Counsel for respondent.

Memo of appearance filed on behalf of the respondent.

Time is sought to file status report and record.

To come up for arguments on the application for interim stay

and condonation of delay on 07.08.2019.



A.No. 356/18. 25.07.2019 Statement of Sh. Sahil Dagar, Ld. counsel for appellant, Enrol No.D-

2849/12, Office : 1/2, Shanti Niketan, New Delhi-110021 Mobile

No.9891696900.

Without oath

I have instructions to withdraw the present appeal as it has been

become infructuous. The same may please be dismissed as withdrawn.

RO & AC



Date post:	08-Oct-2020
Category:	Documents
Upload:	others
View:	2 times
Download:	0 times