Hon’ble High Court dated 15.06.2018. It is stated that...

A.No. 375/18 & 376/18 04.07.2018

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

Sh. Raj Bhushan, JLO from EDMC.

No one appeared on behalf of the respondent

despite service. No reply, record or status report filed.

Counsel for appellant has produced an order of the

Hon’ble High Court dated 15.06.2018. It is stated that Writ

Petition has been disposed off and the copy of the order

will be produced within 3-4 days.

Put for filing status report and record and for further

proceedings on 13.08.2018.

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

Appellate Tribunal:MCD 04.07.2018

11.00 AM

At this stage, Sh. Neeraj Gupta, counsel for

respondent MCD appeared in appeal no. 376/18 and filed

Vakalatnama.



M.No. 16/18 04.07.2018

Present : Appellant in person.

Sh. Dharamvir Gupta, counsel for MCD.

Adjournment sought by the respondent to file reply.

Put up this matter for filing reply on 24.08.2018.



A.No. 363/18 04.07.2018

Present : Sh. Avishek Kumar, counsel for appellant.

Sh. Ramesh Yadav, counsel for respondent

alongwith Sh. Raj Bhushan, JLO from EDMC.

Vakalatnama on behalf of respondent filed.

Status report not filed. Record also not produced.

Let concerned AE(B) to appear in person alongwith

record at 2.00 p.m.



02.30 PM

Present : Sh. Avishek Kumar, counsel for appellant.

Sh. Ramesh Yadav, counsel for respondent

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

South Zone.

AE(B) present and shown the record and seeks

adjourned to file the detailed status report stating that

matter regarding unauthorized construction in the property

is pending before the Hon’ble High Court where neighbor of

the appellant has filed a Writ Petition before the Hon’ble

High Court.

Put up this matter for filing of detailed status report

by the respondent and arguments on 05.07.2018 at 02.00

PM.



A.No. 275/17 04.07.2018

Present : Ms. Anushruti, counsel for appellant.

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

It is submitted that matter may be heard earlier if

possible.

It seems that notice has not been served upon the

intervener / applicant under order 1 Rule 10 CPC.

Issue fresh notice to the intervener / applicant for

26.07.2018. Process be given dasti.



A.No. 280/18 04.07.2018

Present : Sh. Vikram Singh, counsel for appellant.

Sh. Jatin Aggarwal, counsel for SDMC.


It is submitted by counsel for appellant that Writ

Petition (C) No. 8108/17 is pending in the Hon’ble High

Court including this property and listed on 31.07.2018.

Adjournment sought to file the relevant record of the

Writ Petition alongwith status report.

Put up this matter for filing of status report and

record by the respondent on 19.07.2018.



A.No. 46/18 04.07.2018

Present : Ms. Yogindri Dagar, proxy counsel for Sh.

Amit Kumar Singh, counsel for appellant.

Sh. K.K. Arora, counsel for MCD alongwith

Sh. Rajiv Garg, Nodal Officer for North DMC.

Status report filed by the respondent.

Ld. Counsel for appellant seeks adjournment to take

necessary steps before Hon’ble Monitoring Committee as

no permission has been sought from the Hon’ble Supreme

Court for seeking condonation of delay because the sealing

proceedings pertains to the year 2010.

Put up this matter for taking necessary steps /

withdrawal of the appeal on 14.08.2018.



A.No. 218/18 04.07.2018

Present : Sh. V.K. Arora, counsel for appellant.

Sh. H.R. Aggarwal, counsel for MCD

alongwith Sh. Anil Kumar, L.I.


Litigation record will be produced on next week.

Put up this matter for filing the same on 11.07.2018.



A.No. 228/18 04.07.2018

Present : Ms. Dharini, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.


Status report filed stating that entire record is with

the Monitoring Committee and on receiving the record

further status report as sought vide order dated 14.05.2018

will be filed.

Let the notice be issued to the Monitoring

Committee.

Put up this matter for filing of status report,

producing the record on 17.09.2018.



A.No. 346/18 04.07.2018

Present : Sh. Ayush Gupta, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.


It is pointed out that the affidavit giving details of

construction with measurements, site plan and

photographs of the existing construction was also filed

alongwith appeal.

Record not produced. Status report not filed.

Ld. Counsel for appellant submitted that fourth floor

has been demolished by the appellant himself through

intimation has been given to the respondent.

Ld. Counsel for appellant submits that after

demolition of fourth floor they will apply afresh for sanction

of the building plan. Let the steps be taken in this regard.

Put up this matter for filing of status report,

producing record by the respondent and arguments on

08.10.2018.

Concerned AE(B) will appear in person on the date

fixed.

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



A.No. 606/15 04.07.2018

Present : Sh. Sachin Batra, proxy counsel for Sh.

Gaurav Jain, counsel for appellant.

Sh. K.K. Arora, counsel for MCD.

Status report as directed vide order dated

21.02.2018 not filed on the ground that AE(B) is busy in the

Monitoring Committee.

Adjournment sought to file the status report within

two weeks.

Put up this matter for filing of status report within two

weeks by the respondent on 14.08.2018. Interim stay, if

any, extended till next date of hearing.



A.No. 1171/13 04.07.2018


Sh. V.K. Aggarwal, proxy counsel for Sh. A.K.

Jha, counsel for MCD alongwith Sh. D.P.

Sharma, AE(B).

Status report in compliance of order dated

23.02.2018 is not filed with regard to any sanction building

plan qua the property in which appellant’s shop is situated

was passed or not.

Sh. D.P. Sharma, AE(B) seeks time to file status

report within a week.

Put up this matter for filing of status report within a

week by the respondent and arguments on 14.09.2018.



A.No. 699/17 04.07.2018

Present : Sh. Vipin Bhaskar, counsel for appellant.


Record already deposited.

Ld. Counsel for appellant seeks time to inspect the

record and make the arguments.

Put up this matter for arguments on 26.09.2018.



A.No. 1002/17 04.07.2018

Present : None for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Ld. Counsel for respondent submits that record will

be produced within three days as it could not be filed due to

change of officer.

Put up this matter for producing the record and

arguments on 05.09.2018.



A.No. 945/17 04.07.2018

Present : Sh. Kabir Dixit and Sh. Waheb Hussaini,

counsel for appellant.

Sh. Vivek Aggarwal, standing counsel for

NDMC alongwith Sh. Ashok Kumar, Senior

Assistant, NDMC.

Status report in compliance of the order dated

08.02.2018 filed stating that the sealing order was only for

unauthorized water tank and was not for the entire building.

It is further stated as per the inspection carried out the seal

of unauthorized underground water tank was found intact.

Photographs taken placed on record.

Ld. Counsel for appellant want to file some

additional documents, as and when same are filed, copy be

supplied to the counsel for respondent in advance.

Put up this matter for filing of status report by the

respondent and arguments on 27.09.2018.



A.No. 778/17 04.07.2018


Sh. Armaan Bhardwaj, proxy counsel for Sh.

Sandeep Kaushik, counsel for MCD alongwith

Sh. Raj Bhushan, JLO from EDMC.

Record has already been produced.

Put up this matter for arguments on

03.10.2018.



A.No. 949/16 04.07.2018

Present : Sh. Kunal Khanna, proxy counsel for

appellant.

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

Jatinder Pal Singh, counsel for MCD

alongwith Sh. S.K. Katara, AE(B).

Costs not deposited by the respondent.

Copy of the rejection letter not supplied on the

ground that same is not traceable.

EE(B), Shahdara North Zone is directed to appear in

person alongwith rejection letter.

Costs be deposited within a week otherwise

necessary adverse order will be passed.

Put up this matter for filing of status report by the

respondent and arguments on 17.09.2018.

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

as prayed.




A.No. 1177/13 04.07.2018

Present : Sh. Jitesh Kumar, proxy counsel for Sh.

Shekhar Nanawati, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Rajiv Garg, Nodal Officer for

North DMC. Alongwith Sh. Veer Singh, A.Z.I.

from House Tax Deptt. Keshav Puram Zone.

Attested copy of the house tax record is attached on

08.03.2018.

Adjournment sought by appellant as main counsel is

not available and appellant has recently operated for open

heart surgery.




A.No. 286/17 04.07.2018



alongwith Sh. Hukum Singh, AE(B).

Status report filed today stating that as per available

record, no demolition action has been found taken against

the unauthorized construction in property number F-609,

Village Palam Extn. New Delhi till date.

Put up for compliance of the previous order

regarding depositing of costs and arguments on

27.09.2018.



M.No. 05/17 04.07.2018


Ms. Geeta, counsel for MCD alongwith Sh.

Raj Bhushan, JLO from EDMC.

It is stated that Writ Petition is listed before the

Hon’ble High Court on 26.11.2018.

Put up this matter on 05.12.2018 for further

proceedings.



A.No. 467/17 04.07.2018

Present : Ms. Ritu Dhuria, counsel for appellant.

Sh. V.K. Aggarwal, counsel for MCD

alongwith Sh. Raj Bhushan, JLO from EDMC

and Sh. Sahdev Singh, UDC, House Tax.

Status report as directed vide order dated

23.02.2018 not filed on the ground that it could not be

ascertained where the PTR was filed by the appellant.

It is clarified by the appellant that he has deposited

the house tax. The copy of G-8 receipts supplied today to

the counsel for respondent.

Put up this matter for filing of status report regarding

authenticity of the documents and PTR filed by the

appellant on 12.09.2018.




M.No. 27/14 04.07.2018

Present : Applicant in person.

Sh. Umesh Gupta, counsel for MCD.

It is submitted that writ petition listed in the Hon.

High Court on 13.11.2018.

Put up on 28.11.2018 for further proceedings.



A.No. 898/16 04.07.2018

Present : Sh. Varun Jain, counsel for the appellant with

appellant.

Sh. Dharamvir Gupta, counsel for MCD.

In compliance of the order dated 13.02.2018

a clarification was filed by the appellant. Clarification by the

respondent has been placed on record. Copy of the same

be supplied to counsel for appellant today.

Put up for perusal of clarification and




A.No. 763/16 04.07.2018

Present : Ms. Bhawana proxy counsel for Sh. Munish

Chhoker counsel for the appellant.

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

Rajiv Garg Nodal officer.

Cost of Rs. 10,000/- has already been

deposited by the appellant.

Adjournment sought as main counsel is not

available being busy in Hon. High Court.

Put up on 19.09.2018 for arguments.



M.No. 01/18 04.07.2018

Present : Sh. Subhash, brother of the appellant.


It is stated that main counsel is not available

being out of Delhi.

Cost of Rs. 10,000/- has not been deposited

despite directions. Adjournment sought to deposit the cost.

Let the same be deposited within a week.

Put up for arguments on 26.09.2018.



A.No. 401/17 04.07.2018

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


alongwith Sh. Vinod Bansal, AE(B).

Status report in compliance of the order dated

12.01.2018 filed stating that as per inspection there are five

shops at ground floor and height of the loft is 5’5”. Overall

height of the ground floor is 14’3”. The property consists of

ground floor, loft, first floor, second floor and third floor and

fourth floor. Copy of the status report supplied.

No report is submitted regarding partition if any in

shop no. 1.

Concerned AE(B) is present and states that he will

file clarification regarding shop no. 1 by filing separate

status report.

Let the same be filed within two weeks.




A.No. 27/17 04.07.2018


Sh. Raj Bhushan, JLO from EDMC alongwith Sh.

D.P. Sharma, AE(B).

Status report filed stating that the measurement of the

construction of the property was taken on 02.07.2018 in the

presence of appellant. It was found that there was some

deficiencies / differences at site in comparison to the status given

in the affidavit of the appellant.

A. The size of passage 3’3” x 14’ has not been mentioned in the

affidavit.

B. There is a projection of 3’9” width in front and backside of the

property in question which is not mentioned in the affidavit.

C. There are toilets at backside at first floor, second floor and

third floor which are not mentioned in the affidavit.

D. There are differences in the size of rooms as mentioned in

the affidavit and actual as per the measurement sheet.

E. The size of kitchen is different as shown in the affidavit and

actual as per the measurement sheet.

Regarding regularization application, the same was

rejected by the competent authority. Rejection order dated

12.06.2018 is communicated to the appellant. Despite sufficient

time granted to the appellant she has not complied the IN.

The appellant seeks adjournment to file fresh correct

affidavit. Let the same be file within a week.

In case, the same is not filed within a week the stay order

will be deemed to be vacated.

Fresh copy of affidavit be supplied to the AE(B),

Shahdara South Zone.

Put up this matter for filing of fresh affidavit by the

appellant and arguments on 09.10.2018.

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

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



A.No. 479/17 & 480/17 04.07.2018

Present : Sh. Daman Popli, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. Rajiv Garg, Nodal Officer for

North DMC.

PTR and status report of the affidavit not filed

despite last opportunity.

Let the same be filed within two weeks.

In case, the same is not filed, Dy. Commissioner

concerned will appear in person alongwith report on

08.10.2018.

Copy of the affidavit be supplied to counsel for

respondent today itself.




A.No. 366/17 04.07.2018


Sh. Utkarsh, proxy counsel for Sh. Umesh

Gupta, counsel for MCD alongwith Sh. D.P.

Sharma, AE(B) and Sh. Devender Kumar,

Section Officer from Vigilance Department.

Sh. Devender Kumar, Section Officer filed the report

signed by Sh. Ashok Kumar, Asstt. Director, Vigilance

Deptt. stating that statement of 13 officials yet to be

recorded.

Another status report regarding rejection of

regularization application has been filed stating that

demolition action taken place on 27.06.2018 with the help

of police force wherein roof slab of second floor has been

demolished. Further action against the unauthorized

construction will be taken as per the program to be fixed.

Put up this matter for filing of further status report

regarding statements of the officials and action taken report

by the respondent on 10.10.2018.



A.No. 134/17 04.07.2018

Present : Sh. Rajesh Raina, counsel for appellant

alongwith appellant.


Sh. Naveen Gaur and Sh. Gurpreet Singh,

counsel for objector.

Status report regarding regularization application

has been filed stating that the application submitted by the

appellant has been rejected by the department on the

grounds of non-compliance of conditions relating to

submission of complete ownership documents of entire

property and signing of application by all co-owners of

entire property, Sanctioned Building Plan, existing building

plan and fulfillment of provisions of notification / MPD-2021.

Ld. Counsel for appellant submits that all the

compliances have been done except signing of the

applications by co-owners which is not required in view of

the Hon’ble High Court judgment in Harish Bajaj & Anr. Vs.

North DMC in LPA No. 134/2017.

Concerned AE(B) is directed to remain present in

view of the submission made by the appellant as well as in

view of the citations referred above.

Respondent is directed to take steps for

consideration of regularization application of the appellant

without insisting on the signing of the application by all the

owners of the different portions of the property.

Put up this matter on 12.10.2018.




A.No. 456/17 & 455/17 04.07.2018

Present : Sh. Praveen Suri and Ms. Komal

counsel for appellant .

Sh. Rajiv Aggrwal and Ms. Nagina Jain

counsel for the respondent with Sh.

P.K. Sharma AE(B).

Adjournment sought to produce the record

with regard to rejection of regularization application.

Put up for filing record / status report /




A.No. 654/15 04.07.2018

Present : Sh. Dalip Rastogi, counsel for appellant .

Sh. H.N. Diwan, proxy counsel for the MCD.

Status report not filed.

It is pointed out by the Ld counsel for the

appellant that another appeal bearing no. 655/15 for

rejection of regularization was allowed vide order dated

15.11.2017 and no status report has been filed by the

respondent thereafter.

Let the appeal file bearing no. 655/15 be

attached alongwith record by the respondent. In case,

record has been returned, same be requisitioned again.

Put up on 12.10.2018.




A.No. 416/18 04.07.2018

Present : Sh. M.N. Siddiqui, counsel for appellant.

This is an appeal against demolition order dated

28.05.2018.

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 09.07.2018. Notice be given

Dasti, as prayed.



A.No. 417/18 04.07.2018

Present : Sh. M.N. Siddiqui, counsel for appellant.

This is an appeal against the revocation order dated

15.03.2018.







Dasti, as prayed.



A.No. 381/18 04.07.2018

Present : Sh. Pankaj Vivek, counsel for appellant.

An appeal under section 254 of the New Delhi

Municipal Council Act, 1994 has been filed against the

show cause notice dated 21.05.2018 passed u/s 250 of the

said act by Sh. Rajeev Sood, Chief Architect of the NDMC

stating that the Monitoring Committee of Hon’ble Supreme

Court has ordered to seal the second floor of premise no.

B-37-38, Connaught Place, New Delhi for misuse use.

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

31.07.2018.

Copy of the order be given Dasti to counsel for

appellant, as prayed.



A.No. 426/18 04.07.2018

Present : Sh. B.L. Chawla, counsel for appellant.

This is an appeal against demolition order dated

18.06.2018.







Dasti, as prayed.



A.No. 415/16 04.07.2018

Present : Sh. C.M. Verma, counsel for appellant.


Part arguments heard.

Put up this matter for remaining arguments on

05.07.2018.



A.No. 985/17 04.07.2018

Present : Sh. Prashant Katara, counsel for appellant.

Sh. Anand Prakash, counsel for MCD.


Copy of RTI reply filed by the appellant.

Arguments heard.

Put up this matter for orders on 10.07.2018.



A.No. 771/17 04.07.2018

Present : Sh. Prashant Katara, counsel for appellant.

Sh. Anand Prakash, counsel for MCD.


Part arguments heard.

Put up this matter for remaining arguments on

10.07.2018 at 2.00 PM.



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A.No. Statement of Sh. ON SA

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A.No. Statement of Sh.

ON SA

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Hon’ble High Court dated 15.06.2018. It is stated that...

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