A.No. 897/14 & 940/14 Status report has been filed in...

A.No. 897/14 & 940/14 08.10.2018

Present : Sh. Dalip Rastogi, counsel for appellant.

Ms. Parveen Sharma, counsel for MCD

alongwith Sh. Rajesh Tewatia, AE(B).

Status report has been filed in compliance of order

dated 23.07.2018. Further, status report was directed to be

file in compliance of order dated 17.01.2018.

On 17.01.2018, respondent was directed to file status

report of existing construction at the stage when the

property was booked and at the current stage alongwith

photographs of the property from all angles.

In the present status report filed today, it is stated

that the property is not covered under the provisions of

Delhi Laws (Special Provisions) Second (Amendment) Act,

2014 as the unauthorized construction carried out at this

property from first floor to fourth floor was booked by the

department only on 18.11.2014, which is much after the

cutoff date of protection under aforesaid Act i.e. 01.06.2014.

As per the report of JE(B), basement is a hall and it

being used for parking, ground floor is a hall which is being

used for commercial activity, first floor to fourth floor are

being used for residential purposes.

It is further stated that at present, existing structure of

the property is same as detailed in u/c files bearing no.

B/UC/EE(B)-I/CNZ/2014 dated 27.03.2014 and

768/B/UC/EE(B)-I/CNZ/2014 dated 18.11.2014. The

photographs showing the present status of the property are

also enclosed.

It is further stated that the demolition action against

the unauthorized construction in the area of Jamia Nagar is

a long pending issue and department is facing problems in

execution of demolition / sealing actions, therefore, a

demolition programme specifically against subject property

A.No. 897/14 & 940/14 - 2 -

has been planned for the 01.11.2018 and action against this

property will be taken on the said date, subject to vacation

of property and availability of police force.

Copy of status report supplied alongwith photographs

to the appellant.

In view of para no. 4 and 5 of status report, appellant

is directed to file affidavit giving details of construction with

measurements of the existing construction of entire property

alongwith existing site plan and photographs of entire

property in question and including the use of the same

within two weeks. Copy of the same will be provided to

concerned AE(B), who will file status report clarifying that

the structure and extent of construction mentioned in the

affidavit was the same at the time of booking of property as

mentioned in the status report.

Put up this matter for filing status report by the

respondent on 06.03.2019 when other connected appeals

are listed.

Status report should be signed under the hand and

signature of concerned Dy. Commissioner.

Copy of order be given Dasti to both parties for

compliance.

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

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

Appellate Tribunal:MCD 08.10.2018

A.No. 450/18 & 451/18 08.10.2018

Present : Sh. Bhanu Mohan, proxy counsel for Sh. Sahil

Munjal, counsel for appellant.

Ms. Nagina Jain, counsel for MCD alongwith

Sh. Rajiv Garg, Nodal Officer for North DMC.

Adjournment sought as main counsel for appellant is

not available.

Matter was listed regarding maintainability of appeal

because the tenant has already approached the Monitoring

Committee for temporary desealing which was done as per

the orders of Monitoring Committee.

Last and final opportunity is granted for arguments on

maintainability of appeal on 31.10.2018.



A.No. 802/17 08.10.2018

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

Sh. Madan Sagar, counsel for MCD.

Ms. Manorama Masih, counsel for Monitoring

Committee.

Status report filed by the respondent MCD. Copy supplied

to the Monitoring Committee as well as appellant.

Part arguments heard.

Ld. counsel for appellant, at the very outset, submitted

that in view of the status report filed today by the respondent

MCD, no penalty / misuse charges are liable to be paid by the

appellant under Clause 15.9 (V) of MPD-2021 and appellant is

entitled to use the ground floor subject matter of the present

appeal.

Ld. counsel for Monitoring Committee submitted that as

per the report of the Monitoring Committee dated 02.02.2018,

appellant is liable to pay the difference of conversion / parking

charges and existing structure against the Sanctioned Building

Plan from ground floor to third floor and unauthorized

construction at fourth floor, therefore, non-compoundable

deviations has to be removed from the existing construction or

the same is to be got regularized as per the MPD-2021 before

dealing is allowed.

Ld. counsel for respondent seeks adjournment to file

detailed report regarding any action if required regarding the

ground floor subject matter of the present appeal.

Respondent is directed to file status report for what

purpose as per MPD-2021, the ground floor has been used and

whether any difference of conversion / parking charges is to be

paid by the appellant regarding ground floor or not.


compliance.

Put up this matter for filing status report by the respondent

and arguments on 22.10.2018.



A.No. 300/18 08.10.2018

Present : Sh. Anil Yadav, proxy counsel for Sh. Kapil

Lalwani, counsel for appellant.

Sh. A.L. Agnihotri, counsel for MCD.

Status report filed stating that in compliance of order

of this Tribunal, property was desealed on 28.09.2018 for

the purpose of lifting of Malba by the appellant. The

property was inspected on 05.10.2018 and it was noticed

that removal of malba was in progress and still some malba

is lying at site.

Ld. counsel for appellant submits that entire malba

has been removed.

Respondent is directed to file status report as the

property was ordered to be resealed on 08.10.2018 at 4.00

pm.

Put up this matter for filing status report by the

respondent and arguments on 30.10.2018.



A.No. 368/14, 377/15, 485/15 & 261/14 08.10.2018

Present : Sh. Gaurav Jain, counsel for appellant.

Sh. V.K. Aggarwal / Ms. Nagina Jain / Ms.

Manjusha Jha, counsel for MCD.

It is stated that the LPA is still pending and listed for

09.10.2018 before Hon’ble High Court of Delhi.

In the interest of justice, matter is adjourned for

arguments on 01.05.2019.



A.No. 1196/15 08.10.2018


Ms. Akansha Dhammi, counsel for SDMC.

Status report filed stating that show cause notice was

served through speed post. Photocopy of relevant page of

register has been filed. Copy of status report supplied to

the counsel for appellant.

Ld. counsel for appellant seeks adjournment on the

ground that LPA is still pending and listed for 09.10.2018

before Hon’ble High Court of Delhi.

In the interest of justice, matter is adjourned for

arguments on 01.05.2019.



A.No. 918/14 08.10.2018


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

Status report filed stating that regularization

application of the appellant has been received on

05.10.2018 and a sum of Rs. 3,50,000/- has been deposited

and the same is under consideration.

Put up this matter for filing of status report by the

respondent on 02.11.2018.


compliance.



A.No. 644/18 08.10.2018

Present : Sh. Shreyak Gupta, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC

alongwith Sh. N.K. Meena, ALO and Sh. R.D.

Choudhary, AE(B).

Neither record produced not status report filed by the

respondent despite service was affected on 01.10.2018.

It is orally submitted by the AE(B) that after grant of

permission on 15.05.2018, public person in the locality is

made a complaint and a letter was written to the SHO.

AE(B) is present and states that he has written a

letter to the SHO, Hari Nagar.

The said letter is in contradiction of grant of sanction /

permission dated 15.05.2018 which is placed at page no. 27

& 28.

Adjournment sought by the respondent to file status

report and produce the record.

Status report will be filed under the hand and

signature of Dy. Commissioner concerned.

Concerned AE(B) is directed to place the order

passed today as well as on previous date before concerned

Dy. Commissioner for information and compliance.




compliance.



A.No. 479/17 & 480/17 08.10.2018

Present : Sh. Daman Popli, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Status report filed regarding verification of

measurements as mentioned in the affidavit stating that

existing construction tallies with the construction mentioned

in the affidavit filed by the appellant.

Attested copy of the PTR / house tax record has also

filed.

Ld. counsel for appellant states that entire PTR has

not been produced despite last opportunity.

Dy. A&C is directed to appear in person alongwith

PTR copy of which has been filed by the appellant alongwith

appeal.

Put up this matter for filing original record by the




A.No. 1064/16 & 21/17 08.10.2018

Present : Sh. Daman Popli, proxy counsel for appellant.

Sh. K.K. Arora / Sh. Dharamvir Gupta, counsel

for MCD.

An application under Order 1 Rule 10 CPC was filed

by the appellant to implead M/s JDM Broadband Services

Pvt. Ltd. as respondent on the ground that booster in

question was installed by them who are the owner.

Ld. proxy counsel for appellant submitted that the

appellant does not press the application and want to

withdraw the same.

The application is accordingly dismissed as

withdrawn.

Ld. counsel for appellant states that the appellant

want to dismantle the booster and is ready to deposit the

misuse charges / penalty.

Respondent is directed to calculate the misuse

charges / penalty and supply the copy of report to the

appellant within two weeks.


respondent and final arguments on 13.12.2018.


compliance.



A.No. 176/17 08.10.2018

Present : None for appellant.

Ms. Anju Sharma, JLO from DDA.

Sh. Yogender Vashist, counsel for R-2.

Put up this matter for consideration at 2.00 pm.



02.30 pm

Present : As above.

None has appeared on behalf of the appellant.

Put up this matter for consideration on 09.10.2018.



A.No. 193/18 08.10.2018

Present : Sh. Satish Kumar, counsel for appellant.

Prashant Bhardwaj, counsel for MCD alongwith

Sh. Sushil Kumar, AE(B).

This is an appeal against the rejection of regularization

application vide order dated 12.02.2018.

Status report filed stating that appeal bearing no. 935/16

titled as Kailash Balani vs. SDMC is pending adjudication for

31.10.2018.

The said appeal, as submitted by AE(B), was regarding

the regularization of second floor. The second floor of the

property bearing no. B-13, Chirag Enclave, New Delhi.

It is stated that the present appeal is need to be heard

alongwith the said appeal after clubbing the same together.

Further on 11.01.2018, appellant has moved an

application for getting the portions (i.e. basement and ground

floor) in their possession regularized. Since the proposal was for

individual floors or in isolation vide letter dated 12.02.2018 the

same was rejected.

It is further stated that in the appeal no. 935/16 while

adjourning the matter for 31.10.2018 and taking note of the

submission was made by the appellant that he would take all the

efforts to file joint application for regularization and respondent

was ordered to decide the said application. But no such proposal

has been received / filed.

Original record has been produced.

Copy of status report supplied to the appellant.


respondent and arguments on 31.10.2018 alongwith appeal no.

935/16.

Concerned AE(B) is directed to appear in person on date

fixed.



A.No. 488/18 08.10.2018

Present : None for appellant.

None for respondent NDMC.

The notification u/s 253 subsection (1)(2) of NDMC

Act 1994 in favour of the undersigned is not received from

the Ministry of Home Affairs and as such the appeal cannot

be entertained by this Tribunal.

Put up this matter for awaiting notification from the

Ministry of Home Affairs and further proceedings on

03.01.2019.



A.No. 164/18 & 165/18 08.10.2018

Present : Sh. Pranav Verma, proxy counsel for Sh.

Vishvender Verma, counsel for appellant.

Again adjournment sought to file the affidavit of

measurements and existing plan of the property which was

to be filed at the time of listing of the matter and an

objection was raised by the Registrar in that regard and

after filing of the appeal on 05.03.2018 seeking various

adjournments to comply the said requirement, adjournment

is again being sought to comply the said direction.

No reason has been assigned why the affidavit is not

filed.

Though, there are no grounds for extending the time

to comply the said direction and appeal is liable to be

dismissed for non-prosecution.

In the interest of justice, subject to costs of Rs.

10,000/- in each appeal, one last opportunity given to the

appellant to comply the directions to file the affidavit of

measurements and the existing site plan alongwith

photographs within two weeks, failing which appeal shall be

deemed to be dismissed.

Put up this matter for filing of affidavit by the

appellant on 12.11.2018.



A.No. 203/18 08.10.2018

Present : Sh. G.D. Sharma, counsel for appellant.

Sh. R.K. Singh, counsel for MCD alongwith

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

Sh. Vaibhav Kumar, counsel for R-2.

Status report filed stating that the said property

bearing flat no. 302, Amarpali Co-operative Group Housing

Society Ltd., Plot No. 56, I.P. Extn., Patparganj, Delhi-92

was inspected on 12.03.2015 and during the inspection, it

was noticed that unauthorized construction in the shape of

flat at the space provided for electric sub-station as per

sanctioned building plan of DDA at ground floor.

The said unauthorized construction was booked on

12.03.2015. Show cause notice was issued on 12.03.2015

which was served to the President / Secretary of the society

vide speed post dated 19.03.2015.

No reply was filed to the show cause notice.

Demolition notice dated 01.04.2015 was sent to the

President / Secretary of the Society on 06.04.2015 with the

direction to demolish the unauthorized construction within

stipulated period. The President / Secretary of the Society

neither complied with the show cause notice nor sent any

reply to the same.

Accordingly, demolition order was passed on

16.04.2015 by the competent authority. Sealing

proceedings were also initiated against the unauthorized

construction and show cause notice dated 08.09.2015 u/s

345-A of DMC Act sent to the President / Secretary of the

Society vide speed post dated 08.09.2015.

No reply was filed and the competent authority has

passed the sealing order dated 15.09.2015 and property in

question was sealed on 08.06.2017 at one point.

A.No. 203/18 - 2 -

Original record regarding sealing as well as

demolition has been produced.

After passing the demolition order on 12.03.2015, no

demolition action took place as on two days due to non-

availability of time, action could not be taken, however, on

08.06.2017, property has been sealed.

Ld. counsel for appellant states that they have not

challenged the demolition order on the ground that the

property in question was allotted by respondent no. 2 i.e.

Amarpali Cooperative Society as mentioned in the file.

It is not cleared by the appellant in the appeal if she

has any intention to challenge the demolition order because

the sealing has been done on account of unauthorized

construction having been booked u/s 343 of the DMC Act.

Respondent is directed to file detailed reply to the

contentions of the appeal where it is being claimed that the

structure in question is existing since inception of the

construction in the society and the question regarding

maintainability of the petition against the sealing order which

apparently came into the knowledge when the property was

sealed on 08.06.2017 and the appeal has been filed on

19.03.2018 which is highly barred by limitation.

Respondent is also directed to file detailed reply to

the application seeking condonation of delay on next date of

hearing. The said application will be heard on merits.

Adjournment sought to file the reply on behalf of the

respondent no. 2.

Appellant is further directed to file the documents of

ownership of the property in question in original.

Put up this matter for filing reply / status report by the




A.No. 178/18 08.10.2018

Present : Sh. B. Khan, counsel for appellant.

Sh. Sanjay Sethi, counsel for MCD alongwith

Sh. Jitender Panchal, JE(B).

Vakalatnama on behalf of respondent filed.

Status report filed.

Original record produced alleging unauthorized

construction at first floor and second floor of property no.

10020, Gali Nawab Ganj, Delhi-06. Show cause notice was

issued on 11.01.2018 and served by way of pasting.

Work stop notice was issued on 15.01.2018.

Demolition order was passed on 22.01.2018 and no reply

was received to the show cause notice. Demolition action

took place on 12.02.2018 whereas roof of second floor was

demolished partly. Further action took place on 20.06.2018

and roof of two rooms at second floor was almost

demolished and made it inhabitable.

Thereafter on three dates, action could not be taken

due to shortage of time.

Ld. counsel for appellant does not press for any

interim stay and seeks adjournment to inspect the record.

Respondent is at liberty to take action and file action

taken report.

Respondent is further directed to file detailed reply to

the application seeking condonation of delay.





A.No. 712/18 08.10.2018

Present : Sh. Kailash Sharma, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Vinod Bansal, AE(B).

Status report filed

Memo of appearance on behalf of respondent filed.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

As per FIR dated 07.07.2018 the property bearing

No. 8850, Gali Nal Wali, Naya Mohalla was booked for

unauthorized construction at entire ground floor with

projection on mpl. Land. Show cause notice was issued

on07.07.2018 sent through speed post. Appellant sent a

reply received on 12.07.2018 stating that property was very

old and was in dilapidated condition and require immediate

repair as permitted under Building Bye Laws. Intimation

was sent regarding repair of the property to the respondent.

Copy placed.

Vide letter dated 31.07.2018 in view of the reply

received, the appellant was directed to appear for personal

hearing fixed on 08.08.2018 at 3.00 p.m. The said letter

was sent by speed post. Speaking order was passed on

19.09.2018 stating that on 08.08.2018 none appeared to

attend the personal hearing but Nooruddin filed a reply

dated 08.08.2018. Again hearing notice was issued to him

on 06.09.20118 to attend the hearing on 13.09.2018 at 2.30

p.m. when he attended the hearing and filed some affidavit.

Hearing proceedings were closed on 13.09.2018.

The concerned AE(B) inspected the site on

19.09.2018 and submitted that owner/occupier has further

carried out unauthorized construction on first floor, second

floor and third floor. He has attached the photographs.

Hence, the demolition order has been passed from ground

floor to third floor.

A.No. 712/18 -2-

A police complaint was also received from the SHO

Bara Hindu Rao in this regard.

A Writ Petition No.9471 titled as Mohd. Laieq vs

North DMC was filed before the Hon’ble High Court and

vide order dated 10.09.2018 of the Hon’ble High Court

complete demolition of the entire unauthorized construction

existing in the property is to be filed within four weeks and

the matter is fixed for 12.11.2018. Copy of the order is

enclosed.

In the order dated 10.09.2018 the Hon’ble High Court

directed North DMC to take action for complete demolition

of the entire unauthorized construction, existing in the

subject property hearing No.8850, Naya Mohallah, Azad

Market, Delhi-6 expeditiously and ensure that no further

unauthorized construction is allowed to be carried out

thereon. The matter is listed for 09.11.2018. Copy of the

High Court order is attached.

The said order was passed in the said Writ Petition

on the application No. 36778/2018 (Interim Relief).

Ld. counsel for appellant submitted that the notice

was given for alleged unauthorized construction on the

ground floor, however, speaking order has been passed

from ground floor to third floor and no notice of the

construction above ground floor has ever been given and as

such impugned order is illegal.

On the other hand stand is being taken by the

appellant that he has only carried out repairs and the

property existed from ground floor to second floor as is

evident from the record placed at page No.59-60 where

property has been described as double storey building i.e.

shop pucca ground floor; shop Bala Khanna IInd floor.

Ld. counsel for respondent submitted that this is a

case of fresh construction after demolishing the old

structure. Police report dated 06.08.2018 placed at page

33/C of the record received in the office of the respondent

also alleging new construction in the property in question.

A.No. 712/18 -3-

On perusal of the affidavit placed at page 24 of the

appeal filed regarding description and measurement of the

property mentioned in the affidavit, the same property has

been described as :

a) Ground floor one room measuring 14.6x10.3, one

room measuring 12x12, one kitchen 11x6, one

store 12x6.4, bathroom measuring 6x4, latrine

5.6x4, dining room 18.9x7.7, main entrance lobby

14.6x8 1 ½ main lobby 14x8, shaft 2x6.

b) First floor one room measuring 14.6x10.3, one




14.6x8, 1 ½ main lobby 14x8, shaft 2x6 and one

chajja measuring 19.6x2.5

c) second floor one room measuring 14.6x10.3, one






d) third floor one room measuring 14.6x10.3, one

store room 11x6, bathroom measuring 6x4, latrine




Admittedly the description in the affidavit does not

tally with the description of the property mentioned in the

document placed at page 60 of the paperbook on the basis

of which appellant is seeking stay against the demolition

order.

I have heard the ld. counsel for the parties on the

interim stay application.

A.No. 712/18 -4-

In view of the above facts and circumstances and

pendency of the Writ Petition before the Hon’ble High Court

wherein direction has been issued to the North DMC to

demolish the illegal construction completely, no ground are

made out for stay of the impugned order. The interim stay

application is accordingly dismissed.

Commissioner concerned is directed to look into the

matter that how the construction has been raised up to third

floor when construction was of ground floor only when the

property was booked on 07.07.2018. There seems to be

some connivance on the part of the AE(B) and JE(B)

concerned and necessary action be taken against them and

to file action taken report on next date of hearing.

Respondent is also directed to take demolition action

in pursuance of the impugned order and file action taken

report on next date of hearing.

Put up this matter for filing of status report, action

taken report by the respondent and arguments on

19.11.2018.

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

as prayed.



A.No. 562/18 08.10.2018

Present : None for the appellant.

Dasti Process not taken as was directed on

09.08.2018 as well as 05.09.2018.

The appeal is dismissed for non prosecution.

File be consigned to record room.



A.No. 389/18 08.10.2018

Present : None for the appellant.

Sh. Dharamvir Gupta, counsel for MCD alongwith

Sh. Jitender Kr. PFdanchal, JE(B).


Status report filed.

Record produced. Let the same be deposited with the

Registrar of this Tribunal.

As per record the property in question was booked vide

FIR dated 23.03.2018 for unauthorized construction in the shape

of amalgamation of 3 shops into one hall and encroachment upon

common passage and unauthorized construction of additional

floor in between first floor and ground floor in the shape as per

rough sketch. Show cause notice was issued on 23.03.2018 to

Deepak Jain served by speed post. Reply to the show cause

notice was received on 03.04.2018. Demolition order was

passed on 10.03.2018. demolition action was fixed on various

dates between 01.06.2018 to 24.09.2018 but on each date i.e. on

9 dates no demolition action took place due to various reasons,

mostly due to shortage of time.

The appellant has filed the Appeal on 10.07.2017. No one

appeared after filing of the appeal except on 27.08.2018.

Dy. Commissioner concerned is directed to file action

taken report alongwith action taken against the concerned AE(B)

and JE(B) , for not taking action by them due to shortage of time

on nine dates.

Put up for filing of action taken report by the respondent

under the hand and signature of the Dy. Commissioner

concerned on 11.12.2018.

Copy of the order be given Dasti to counsel for

respondent, as prayed.



A.No. 529/18 08.10.2018

Present : Sh. Abid Ujer, counsel for appellant.

Sh. Sanjay Sethi, counsel for respondent

alongwith Sh. J.K. Khullar, AE(B).


Status report filed stating that property has been

verified for the purpose of construction and the

accommodation shown in the affidavit are as per site.

However, dimensions of lobby-store do not match with

existing dimensions. As per affidavit, the size of lobby-store

is stated to be 6.6” whereas the actual inner dimension of

this structure comes to 14’-2”x6’8”. Copy of the status

report given.

Appellant is directed to clarify the said anomaly in the

affidavit regarding the lapse in the dimensions as per the

status report.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

As per the record the property was booked on

14.03.2018 for unauthorized construction in the form of

deviations in the original allotted structure in flat No.8, LIG

flat DDA Badarpur. Show cause notice was given on

14.03.2018. Reply was sent and received on 28.03.2018.

In pursuance of the reply, personal hearing notice was

issued on 03.04.2018 where appellant was asked to attend

the personal hearing on 10.04.2018 at 3.30 p.m.

On 10.04.2018 no further reply to the show cause

notice was submitted, however, copy of the registry of

ownership was sought to be submitted on next date of

hearing. Accordingly hearing was closed. Speaking order

was passed on 28.06.2018.

A.No. 529/18 -2-

The next contention of ld counsel for appellant is that

the property is protected under The National Capital

Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017 dated 31.12.2017 and also

compoundable and the existing construction was carried out

with the consent of the ground floor owner and the same is

very old having been constructed prior to 13.02.2005.

Contention of ld. counsel for respondent is that there

are two storied DDA flats and the norms/permissibility in

respect of DDA flats are governed by standard plan of DDA.

The flat in question is situated at first floor and the owner

has raised construction on the terrace of the first floor

unauthorizedly. As per DDA policy in two storied DDA flats,

only barsati at terrace is permissible that too with prior

sanction of SDMC. The existing construction at terrace is

much more than the permissible limit.

It is further stated that as per The National Capital

Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017 dated 31.12.2017 the status in

respect of unauthorized construction as on 07.02.2018 is to

be maintained till 31.12.2020. To seek protection under the

said Act, onus is upon owner to establish that alleged

unauthorized construction has been raised before the date

of protection i.e. 07.02.2007. The appellant did not file any

document, which categorically establishes that existing

status of alleged booked structure is similar to what it had

on or before 07.02.2007.

The owner has filed an application for regularization

of alleged unauthorized construction which was processed

and as per policy, the existing structure comprises of non

compoundable structure and the competent authority

rejected the application 20.06.2018. It is concluded that

alleged construction on the terrace of the first floor is

absolutely unauthorized and non compoundable and does

not fulfill the requirement to seeks protection under the said

Act.

A.No. 529/18 -3-

Ld. counsel for appellant has already placed on record

various documents in support of seeking protection under

The National Capital Territory of Delhi Laws (Special

Provisions) Second (Amendment) Act, 2017 dated

31.12.2017 and seeks further adjournment to file further

documents, if any.

Put up for final arguments on 05.12.2018. Interim

stay, if any, is extended till next date.

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

as prayed.



A.No. 146/16 08.10.2018

Present : Sh. Mohit Sharma, proxy counsel for Sh.

Ashok Sharma, counsel for appellant.

Ms. Praveen Sharma, proxy counsel for Sh.

V.K. Aggarwal, counsel for MCD.

Counsel for appellant is not available. Adjournment

sought.

Put up for arguments on the application under order

6 Rule 17 CPC as well as on main appeal on 06.02.2019.



A.No. 346/18 08.10.2018

Present : Sh. Ayush Gupta, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Mohd. Ahmad, AE(B).

Sh. Vaibhav Asthana, counsel for intervener.

An application under order 1 Rule 10 CPC filed by

Ms. Raj Mohini through her attorney / son Ranjan Mago.

Copy supplied for filing reply by the appellant well as

respondent.

Status report filed stating that for the purpose of

verification details of construction as given by the appellant

in his affidavit, inspection was carried out which revealed

unevenness in the structure/construction as in the affidavit

vis-à-vis existing at site. In para 3(1), the appellant has

stated 04 bedrooms whereas at site there are 03 bed rooms

and similarly there are 03 toilets whereas in the affidavit the

appellant stated 02 toilets. Out of three toilets one toilet

was found blocked with ply sheet. The rest of

accommodations as revealed in the affidavit are as per site,

however there is unevenness in the sizes of such

accommodations.

Regarding removal of fourth floor status report is to

be filed by the respondent, however, nothing is mentioned in

that regard.

Appellant is directed to explain the discrepancies with

regard to the construction at site and as mentioned in the

affidavit.

Put up for filing status report by the respondent

regarding removal of fourth floor and arguments on

18.12.2018. Interim stay, if any, is extended till next date.



A.No. 200/18 08.10.2018

Present : Sh. Amit Sethi, counsel for appellant alongwith

appellant in person.

File taken up today on the application moved on

behalf of the appellant u/s 347-C of DMC Act read with Rule

17 of DMC Act for interim relief and issuance of directions to

the respondent.

Notice of the application be issued to the respondent

for date already fixed i.e. 14.11.2018.



A.No. 913/17 08.10.2018

Present : Sh. Dinesh Tiwari, counsel for appellant.

File taken up today on the application moved u/s 151

CPC on behalf of appellant No.2 for permission to

construction toilet and bathroom.

Notice of the application be issued to the respondent

for date already fixed i.e. 04.12.2018.



A.No. 716/18 08.10.2018

Present : Sh. Prashant, counsel for appellant.

This is an appeal against sealing order dated

22.03.2018. The property is stated to be sealed on

05.04.2018.

Issue notice of the appeal and application to the

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

directed to appear in person alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited immediately in the Tribunal.

Put up this matter on 13.12.2018.

Notice be given Dasti, as prayed.



A.No. 721/18 08.10.2018

Present : Sh. Satish Kumar, counsel for appellant.


19.09.2017.

An application seeking condonation of delay has also

been filed.









A.No. 736/18 08.10.2018

Present : Sh. G.R. Verma, counsel for appellant.

This is an appeal against demoltion order dated

22.05.2017.


been filed. Appellant is claiming ownership by way gift deed

dated 09.07.2012.






Put up this matter on 14.12.2018. Notice be given

Dasti, as prayed.



A.No. 727/18 08.10.2018

Present : Sh. Sanjay Agnihotri, counsel for appellant.


05.07.2017.


been filed.







Dasti, as prayed.



A.No. 718/18 08.10.2018

Present : Ms. Sweta Badola, counsel for appellant.

This is an appeal against sealing notice dated

14.08.2015.

The appeal filed today is apparently barred by

limitation.


been filed.







Appellant is directed to place on record chain of

original title documents on date fixed.



A.No. 720/18 08.10.2018

Present : Sh. G.R. Verma, counsel for appellant.

This is an appeal against demolition order dated

14.08.2018.

Appellant is attorney of one Sajjan who is allegedly

purchased the suit property from Raj Singh in the year

2006.

Ld. counsel for appellant pointed out that one

Dharampal has already instituted a civil suit for possession

and permanent injunction in the court of Additional District

and Sessions Judge, Saket (South) where respondent

SDMC has filed written submissions.

The appellant has challenged the impugned order

dated 14.08.2018 alleging unauthorized construction in the

shape of temporary structure at ground floor with roof of

cement shed.

In view of the documents placed on record and in

view of pendency of the civil suit, ld. counsel has not

insisted upon exparte stay.

The interim stay application will be considered after

filing of the record as well as status report by the

respondent and chain of documents filed by the appellant.







Dasti, as prayed.

Appellant is directed to place on record entire order

sheet passed in the civil suit on date fixed.



A.No. 78/18 08.10.2018

Present : Counsel for appellant.

Sh. Abdul Haq, JLO alongwith Sh. Pradeep

Sharma, L.I.

Status report filed regarding deposit of misuse

charges stating that misuse and penalty have been

calculated to the tune of Rs.36,390/- and the appellant has

already allotted industrial plot by DSIIDC and she cannot be

allowed to run any industrial activity at the site in question.

Ld. counsel for appellant has placed on record copy

of G-8 receipt regarding deposit of the said amount.

Put up this matter for 29.10.2018 for clarification, if

any / orders.



A.No. 77/18 08.10.2018

Present : Counsel for appellant.

Sh. Abdul Haq, JLO alongwith Sh. Pradeep

Sharma, L.I.

Status report filed regarding deposit of misuse

charges stating that misuse and penalty have been

calculated to the tune of Rs.99,790/- and the appellant has

already allotted industrial plot by DSIIDC and she cannot be

allowed to run any industrial activity at the site in question.

Ld. counsel for appellant has placed on record copy

of G-8 receipt regarding deposit of the said amount.

Put up this matter for 29.10.2018 for clarification, if

any / orders.



A.No. 809/17 08.10.2018

Present : Sh. Ayush Gupta, counsel for appellant.

Sh. Shekhar, proxy counsel for Sh. Sandeep

Kaushik, counsel for respondent alongwith Sh.

Jagrat JE(B).

Sh. Animesh Mishra, counsel for respondent.

Reply to the application under order 1 Rule 10 CPC

has not been filed.

Ld. counsel for applicant pointed out that matter in

the Hon’ble High Court is listed on 15.10.2018. The interim

order dated 07.09.2018 is subject to any order passed by

the Hon’ble Supreme Court or Hon’ble High Court for

demolition/sealing qua the property in question.

Ld. counsel for respondent also not present stated to

have gone to High Court.

Various matters are listed for arguments. No time

left for hearing arguments on the application under order 1

Rule 10 CPC.

Put up for arguments on the application under order

1 Rule 10 CPC and for final arguments on 26.11.2018.

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



A.No. 126/18 08.10.2018

Present : Sh. Prayas, proxy counsel for appellant.

Sh. H.R. Aggarwal, counsel for MCD

alongwith Sh. Jagbir Singh, AE(B).

Status report filed stating that original record/ file

regarding order dated 18.12.2017 is not traceable and will

be produced on next date of hearing.

The matter was listed for arguments on the

maintainability of the appeal because appeal is barred by

limitation and the application for condonation of delay has

been filed.

Respondent is directed to produce the original record

alongwith detailed reply as well as reply to the application

for condonation of delay. In case record is not produced,

Dy. Commissioner concerned will appear in person.

Put up for arguments on the maintainability of the

appeal, filing status report, record and arguments on

26.11.2018. Interim stay, if any, is extended till next date.



M.No. 65/13 08.10.2018

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

At request for counsel for appellant, put up on

10.10.2018 for filing certified copy of the orders in appeal

No.2/17.



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