M. No. 84/16 & 85/16 Adjournment sought on the ground that...

M. No. 84/16 & 85/16 16.07.2018

Present : Ms. Nandita Dey, proxy counsel for Sh. Atul

Kumar Gupta, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.

Adjournment sought on the ground that main counsel

for appellant is ill.

Ld. counsel for respondent submits that earlier also

the appeal was dismissed for not argue the matter and

again after restoration of the appeal, same tactics is

adopted by the appellant to delay the matter.

Last and final opportunity is granted for arguments

subject to filing proof of illness of counsel for appellant on

13.09.2018.

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

Appellate Tribunal:MCD 16.07.2018

A.No. 164/17 16.07.2018

Present : None for appellant.

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

Status report not filed for which time was sought on

11.09.2017 despite granting last opportunity.

Let the same be filed on 25.10.2018, otherwise

concerned Dy. Commissioner will appear in person.

Copy of the order be given dasti to counsel for

respondent for compliance.



A.No. 139/16 & M 71/17 16.07.2018

Present : Appellant in person.

Ms. Sarita Gaur, ALO for North DMC.

Sh. Achin Mittal, counsel for respondent MCD is not

present as stated to be busy in Hon’ble High Court.

Appellant seeks adjournment as his counsel is also

not available as stated to be busy in Hon’ble High Court.

In the interest of justice, last and final opportunity is

granted for arguments on 23.10.2018.



P.No. 251/14 16.07.2018

Present : Sh. Ashok Kumar S/o Sh. Om Prakash, one of

the appellant.

Sh. R.K. Singh, proxy counsel for Sh. Anupam

Sharma, counsel for DDA alongwith Ms. Anju

Sharma, JLO from DDA and Sh. Ashish Dixit,

Legal Assistant.

None for Monitoring Committee.

Against the order of the Estate Officer the appellant

is stated to have instituted appeal under P.P. Act before Ld.

District Judge which was stated to be pending for

31.03.2018. Appellant has not filed copy of subsequent

orders.

The respondent is also unable to assist the court in

this matter in that regard.

Appellant is directed to place on record the

subsequent orders of pending of the said appeal within one

month, otherwise on next date of hearing, necessary

proceedings will be carried out and matter will be heard on

merits.

Put up this matter on 05.11.2018.



A.No. 909/13 16.07.2018

Present : Sh. Ramesh Chopra, husband of appellant

no.1.


Ms. Vinnie Sharma, counsel for Monitoring

Committee.

An application under Order 22 rule 3 read with Order

32 rule 5 CPC was filed for substituted LR of appellant no 2

who has expired on 12.05.2016.

The said application was moved some Sh. Inder

Kumar on behalf of minor son of deceased appellant no. 2,

who according to the previous order has attained maturity

on 11.07.2018.

After becoming major an application was moved on

their behalf.

No one is present on behalf of major son namely Sh.

Mohit of appellant no. 2.

The respondent on appellant no. 1 said that he has

talked to that boy and he will take necessary steps within

two weeks.

Put up this matter for taking necessary steps by Sh.

Mohit, son of appellant no. 2 who has attained maturity /

further proceedings and arguments on 12.10.2018.



A.No. 682/12 16.07.2018

Present : Sh. Gaurav Jain, counsel for appellant.


Status report filed by the respondent stating that

appellant company has not filed any application for

regularization of existing tower at roof top of property no. A-

142, Surajmal Vihar, Delhi till date.

It was clarified in the previous order dated

26.10.2017 that in case the fresh application was not filed

within two months, the respondent was at liberty to take

demolition action in respect of the property in question. No

such action has been taken.

Ld. counsel for appellant has sought two weeks time

for moving the said application.

In the interest of justice, appellant is directed to file

the fresh application within two weeks.

In case, appellant will not move the said application

within two weeks, the respondent will be at liberty to take

demolition action as per law and file status report on

17.09.2018.



A.No. 918/14 16.07.2018



Appellant has not taken any steps for moving fresh

application despite giving opportunity of two months on

15.05.2018.

It is stated that the said steps will be taken within two

weeks.

In case, appellant will not move the said application

within two weeks, the respondent will be at liberty to take

demolition action as per law and file status report on

08.10.2018.



A.No. 368/14, 377/14, 485/15 & 261/14 16.07.2018


Sh. V.K. Aggarwal / Ms. Manjusha Jha,

counsel for MCD.

It is submitted by the counsel for appellant that LPA

No. 572/2011 titled as MCD Vs. COAI is pending and listed

on 13.09.2018 before Hon’ble High Court. It is listed for

final disposal and result may be awaited which may have

affects on this appeal.

Put up this matter for arguments on 08.10.2018.



A.No. 759/16 16.07.2018

Present : Sh. Laxmi Singh, counsel for appellant.

Sh. A.K. Jha, counsel for EDMC.

No status report filed despite last opportunity. AE(B)

who was present on previous date and sought time to file

the reply / status report, is not present.

Adjournment sought to file the same.

Let status report be filed within two weeks, failing

which concerned Dy. Commissioner will appear in person.

Concerned AE(B) is also directed to remain present on next

date of hearing.

Put up this matter for filing of status report by the

respondent on 17.09.2018.

Copy of the order be given dasti to counsel for

respondent for compliance.



A.No. 104/14 16.07.2018


Sh. Manoj Kumar, counsel for EDMC

alongwith Sh. C.S. Tiwari, JE(B).

Status report filed stating that appellant company has

applied on 08.02.2018 for regularization of cellular tower

installed at premises in question.

An IN dated 12.03.2018 was issued to the appellant

and till date appellant has not supplied any information to

the said IN.

Ld. counsel for appellant seeks necessary

instructions in that regard.

Respondent is at liberty to take action as per law

after four weeks in pursuance of the demolition order.


respondent and arguments on 17.09.2018.

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

as prayed.



M.No. 04/17 16.07.2018

Present : Sh. S. Imran, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Respondent has not complied the order dated

10.03.2017 to clarify whether copy of the application for

restoration of the appeal wherein respondent was directed

to file status report regarding whether original application for

condonation of delay has been received by them

inadvertently or not because photocopy of the application of

condonation of delay was taken on record on the said date.

Adjournment sought to clarify the same and to file

reply.

Let the same be done within two weeks, otherwise

concerned AE(B) will appear in person on next date of

hearing.

Put up this matter for arguments on the said

application on 26.09.2018.



A.No. 274/18 16.07.2018

Present : Sh. J.K. Dhingra, counsel for appellant.

File taken up today on an application moved on

behalf of appellant.

Ld. counsel has prayed for earlier hearing of the

matter on the ground that vacation notice has been issued

and third floor has been partly demolished.

Let the notice of the application be issued to the

respondent for 30.07.2018. Concerned AE(B) is directed to

remain present on the date fixed.

Process be given Dasti.



A.No. 390/18 16.07.2018

Present : Sh. Lavnish Kumar, counsel for appellant.

Present appeal has been filed against demolition

order dated 14.05.2018.

Ld. counsel for appellant does not pray for ex-parte

stay.

Let notice of the appeal and application be issued to

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

is directed to appear in person alongwith entire record of the

proceedings, reply and status of the appeal on date fixed.

Put up this matter on 31.07.2018.



A.No. 451/18 16.07.2018

Present : Sh. Sahil Munjal, counsel for appellant.

Present appeal has been filed against sealing order

dated 06.06.2018.





Put up this matter on 24.07.2018. Notice be given

Dasti, as prayed.



A.No. 450/18 16.07.2018

Present : Sh. Sahil Munjal, counsel for appellant.

Present appeal has been filed against sealing order

dated 06.06.2018.






Dasti, as prayed.



A.No. 221/18 16.07.2018

Present : Sh. Kapil Kumar Dagar, counsel for appellant.

Ms. Nagina Jain, counsel for MCD alongwith

Sh. P.K. Chauhan, AE(B).

Status report filed stating that unauthorized

construction in the shape of additional coverage beyond the

standard plan at third floor i.e. one room and toilet at first

floor was booked. As per the report partly demolition action

was taken on 09.05.2018 with the help of police force. RCC

slab was cut down and side walls of bricks of bathroom /

store has been demolished.

It is further stating that appeal no. 238/17 titled as

Dinesh Sharma Vs. NDMC status report of demolition in

respect of fourth floor of this property vide order dated

01.08.2017 was sought.

Record produced. Same be deposited with the

registrar.

Put up this matter at 04.00 PM.



04.00 p.m.

Present : Sh. Kapil Kumar Dagar, counsel for appellant.

Ms. Nagina Jain, counsel for MCD alongwith

Sh. P.K. Chauhan, AE(B).

Vakalatnama on behalf of respondent filed.

Arguments heard.

Ld. Counsel for appellant sought adjournment to

place on record title documents as well as documents

regarding installation of electricity meter at the fourth floor in

the year 2006.

A.No. 221/18

Ld. Counsel for respondent at the very outset

challenged the maintainability of the appeal because the

speaking order was passed on 22.08.2016 and the appeal

has been filed beyond limitation period on 25.03.2018.

Put up this matter for filing of title documents and

documents regarding installation of electricity meter at

fourth floor and remaining arguments on 24.07.2018.



M.No. 50/17 16.07.2018

Present : Sh. Vipin Raturi, counsel for appellant alongwith

appellant.

Sh. Abhishek, proxy counsel for Sh. Ashutosh

Gupta, counsel for MCD.

Reply of RTI made by the appellant placed on record.

Order of the Hon’ble High Court dated 16.05.2018 which

was to be filed by the respondent today has not been filed.

Let the same be filed at 12.00 O’Clock today.



1.00 p.m.

Present : Sh. Vipin Raturi, counsel for appellant alongwith

appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Order dated 16.05.2018 wherein appellant has put

appearance through Sh. Triloki Pandit, Advocate has been filed.

Copy of the order supplied to appellant in the High Court.

The matter was adjourned for 19.09.2018.

Counsel for appellant submits that as per RTI reply no

order has been passed by the MCD for sealing of the premises.

It is on this basis the appeal was allowed by the Predecessor of

this Tribunal and the property ordered to be desealed.

Against the order of this Tribunal, a Writ Petition has

been filed in the Hon’ble High Court at the instance of Monitoring

Committee.

Ld. Counsel for respondent seeks adjournment to file

detailed reply alongwith all the order of the Hon’ble High Court

including initial order.

Put up this matter for filing of reply by the respondent and

arguments on 27.09.2018.



A.No. 500/13, 931/13, 933/13, 959/13, 370/11, 1066/13, 948/13 &

P-175/13

16.07.2018

Present : Sh. K.B. Gupta / Sh. Shashi Shanker / Ms.

Lavisha Kamra / Sh. Dalip Rastogi / Sh.

Rakesh Kumar, counsel for appellant.

Sh. V.K. Aggarwal / Sh. Dharamvir Gupta / Sh.

Shashikant Sharma / Sh. Mohit Sharma / Sh.

S.P. Saini, counsel for MCD.

Sh. S.G. Asthana, counsel for DDA alongwith

Sh. Sanjay, Assistant Director (Planning), Ms.

Anju Sharma, JLO for DDA and Sh. Ashish

Dixit, Legal Assistant from DDA.


Committee.

Part arguments heard.

Sh. Sanjay, Asstt. Director is present and seeks time

to file additional status report in continuation of status report

filed on 26.03.2018.

Put up for remaining arguments and filing of status

report on 18.09.2018.



A.No. 1059/16 16.07.2018

Present : Sh. Yogin Singh, proxy counsel for Sh. B.S.

Chaudhary, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD with

Sh. Rajeev Garg, ALO.

On 01.06.2017 respondent was directed to file status

report whether the property in question can be regularized

without going into the question of floor-wise policy.

It is stated on behalf of the respondent that original

record has been submitted in the court and the plans to

verify the actual construction in the property viz-a-viz

regularization plan submitted by the appellant, original

record is required for the said purpose.

Let the original record be returned to the respondent

for that purpose and status report in compliance of the

order dated 01.06.2017 positively within four weeks from

today.

AE(B) concerned to remain present on next date of

hearing.


Copy of the order be given Dasti to respondent, as

prayed.



A.No. 895/16 & 896/17 16.07.2018

Present : Sh. O.P. Verma, counsel for appellant.

Sh. K.K. Arora/ Sh. H.R. Aggarwal, counsel for

MCD.

Status report filed stating that property was inspected

on 15..11.2017 and 13.07.2018 and found tin shed which

was fixed on the roof of the third floor has been removed.

There were other directions on the previous date

regarding filing of complete house tax record including the

inspection record which was carried out on 23.03.2003 and

the rectification order dated 01.04.2002 and PTR from the

year 2004-05 onwards.

House Tax record has been brought by the AZI Sh.

Tara Chand which also stated to be included inspection

carried out on 23.03.2003 and rectification order dated

01.04.2002 and PTR from the year 2004-05 onwards. Let

the same be deposited with the Registrar of this Tribunal.

Adjournment sought for arguments.


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



A.No. 752/17 16.07.2018

Present : None for the appellant.

Sh. Surender Gaur, counsel for respondent.

The appellant has not taken any step for the last 2-3

dates for amendment of the appeal on the ground that some

wrong facts have been stated in the appeal which appellant

was to amend.

Subject to costs of Rs. 5000/- one more opportunity

is given to the appellant for taking steps in that regard.

Put up this matter for further proceedings on

09.10.2018.



A.No. 778/16 16.07.2018

Present : None for the appellant.

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

Anupam Bhati, counsel for MCD.

The original postal receipt of the sending show cause

notice to the appellant not filed despite taking time and last

opportunity was granted on previous date.

Subject to costs of Rs.5000/- , to be deposited with

the Registrar of this Tribunal, one more opportunity is given

to the respondent to file the said original receipt.

Put up this matter on 15.10.2018 for that purpose

and arguments.



A.No. 51/18 16.07.2018

Present : Appellant in person with Sh. Divaker

Chudhary, Advocate.

Sh. A.L. Agnihotri, proxy counsel for Sh. H.R.

Aggarwal, counsel for MCD with Sh. Rajeev

Garg, ALO and Sh. B.M. Sharma, L.I.

It is submitted by the counsel for appellant that

appellant has already moved an application before the

respondent for temporary desealing for taking out his goods.

On the request of the appellant the property was desealed

and articles/goods have been removed.

The property in question has been sealed on account

of mis-use of the property. The respondent is directed to

inspect the property in question on 02.08.2018 from 11.00

a.m. to 4.00 p.m. for the purpose of calculating the misuse

charges payable by the appellant. Thereafter property be

resealed immediately.

Let the status report regarding misuse charges

payable be filed on 11.09.2018.

Copy of the order be supplied Dasti to both the

parties for compliance.



A.No. 269/18 16.07.2018

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

An affidavit has been filed by the appellant stating

that compliance is done in pursuance of the order dated

31.05.2018 wherein the appellant was directed to remove

the non compoundable deviations and to bring the property

in conformity with the Sanctioned Building Plan.

In view of that order the compoundable deviations

existing at third floor, second floor and ground floor has

been removed.

It is further stated that due to paucity of time and

labour problem the rectification work at first floor could not

be completed and the appellant undertakes to remove the

same within one month.

In view of the affidavit appellant is accordingly

directed to remove the non compoundable construction

within a period of one month and bring the property in

conformity with the Sanctioned Building Plan otherwise the

respondent will be at liberty to take action as per law in

pursuance of the order dated 31.05.2018.



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

as prayed, for compliance.



A.No. 893/17 16.07.2018

Present : Sh. Umesh Sharma, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

In compliance of the order dated 08.11.2017, the

copy of the affidavit was not given to the ld. Counsel for

respondent but the same has been stated to be given to the

AE(B) concerned on 10.10.2017. Receiving shown to me.

Copy of the affidavit has now been supplied to the

counsel for respondent.

When the copy of the affidavit has been supplied to

the AE(B) concerned then there was no occasion to file the

status report by the AE(B).

AE(B) is directed to remain present alongwith status

report otherwise Dy. Commissioner will appear in person.




as prayed.



A.No. 332/18 16.07.2018

Present : Sh. Ajay Kumar, counsel for appellant.

This is an appeal against NOC issued by the

respondent MCD to R-2 and R-3 to construct and install lift

dated 15.02.2018.

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. The Notice to Respondent No.2 & 3 be also issued

dasti.


Dasti, as prayed.



A.No. 465/18 16.07.2018

Present : Sh. Dalip Rastogi, counsel for appellant

alongwith Sh. Mohit Jain, appellant No.2 in

person.

After submitted arguments for some time ld. Counsel

does not press for interim stay and request for adjournment.

Notice of the appeal and application be issued to the

respondent with the direction to the AE(B) concerned to

remain present alongwith detailed status report as well as

original record on date fixed.

Notice be issued Dasti for 19.07.2018.



A.No. 293/16 16.07.2018



Last and final opportunity is granted for final

arguments on 31.10.2018.



A.No. 169/15 16.07.2018


Ms. Sudesh Sharma, counsel for MCD.

On 05.02.2017, Ahlmad was directed to tag the file of

appeal no. 254/12 titled as Gurvinder Kaur Vs. SDMC.

Let report of the Ahlmad be called.



01.00 PM

Present : Same as above.

Report of the Ahlmad states that particulars of the

appeal were not complete.

It is clarified by the Ld. Counsel for respondent that

concerned record is available with her and that the appeal

was 254/13 decided on 14.02.2014 as the matter was

remanded back.

Ahlmad is directed to trace the file within a week and

tag the same with this file.




A.No. 536/16 16.07.2018

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

Ms. Nirmala Sharma, counsel for MCD.

Written submissions of both the parties are already

on record.

Put up this matter for perusal / verification, if any, and

for arguments on 24.08.2018 as the matter has been heard

by Ld. Predecessor of this Tribunal and fix for orders.



P.No. 67/13 16.07.2018

Present : Sh. Atul Pandey, proxy counsel for Sh. Krishan

Rawat, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD.

Sh. K.D. Sharma, counsel for DDA alongwith Ms.

Anju Sharma, Nodal officer DDA.


Committee.

Status report filed on behalf of the DDA stating that the

property No.24A, Lajpat Nagar, Part-IV, Ring Road, New Delhi

does not fall under the jurisdiction of Building Section DDA as the

building activity is with the SDMC.

Sh. Mohit Sharma, counsel for MCD pointed out that the

appellant has not complied the previous order dated 08.01.2018

as no copy of the registration with the respondent has been filed.

Appellant was directed supply the same within two weeks.

Adjournment sought on behalf of the appellant to comply

the said order within one week.

The matter has been un-necessarily delayed on account

of in action on the part of the appellant.

The appellant is burdened with the costs of Rs.2000/-.

The order dated 08.01.2018 be complied with within one week

and supply the copy of the registration to the respondent AE(B) or

counsel for respondent.

Put up for filing status report and arguments on

24.09.2018.

The respondent is also directed to clarify the submissions

made in the status report filed by the DDA today regarding DDA

Building Section has no concern with the property in question.

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

prayed.



A.No. 1019/17 & 1020/17 16.07.2018

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

Ikrant Sharma, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Adjournment sought on behalf of the appellant on the

ground that main counsel is not available.

In the interest of justice, last and final opportunity is

granted for arguments on 04.09.2018.

AE(B) concerned to remain present on date fixed.



A.No. 989/17 16.07.2018

Present : Sh. Mayank Kumar, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC is present

and submitted that Sh. Navin Bhardwaj has been engaged

today in this case and as per telephonic message received

he is in Gurgaon today and as such seek adjournment.


Since show cause notice served by way of pasting

and no photographs of pasting are attached.

Adjournment sought to call AE(B) concerned or to

place the photographs of pasting before the court.

Put up for remaining arguments on 06.08.2018.



A.No. 646/17 & 307/18 16.07.2018

Present : Sh. Shellender Kumar, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD in appeal

No.646/17.

Sh. Manoj Kumar, counsel for respondent in

appeal No.307/18.

Vakalatnama Sh. Manoj Kumar in appeal No.307/18

on behalf of respondent filed.

Status report filed regarding verification of the

premises mentioning that on inspection the construction

was checked and found almost correct as mentioned in the

affidavit.


The appellant has produced copy of the order dated

18.11.2014 regarding free hold of the property.

The appellant is claiming that construction is

protected under Delhi Laws (Special Provisions) Act, 2011

as the same is prior to 2006. He is claiming that he has

paid house tax of the increased construction.

Let the original house tax record of the property w.e.f.

1996 onwards be called.

Put up this matter for remaining arguments on

29.08.2018. Interim stay, if any, is extended till next date.


as prayed.



A.No. 458/18, 459/18, 460/18 & 461/18 16.07.2018

Present : Sh. Zaffar Abbas with Sh. Sanjeev Arora,

counsel for appellant.

This is an appeal against the demolition order dated

01.03.2017.

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.

Appellant is directed to place on record the title

documents and the order passed in PIL as find mentioned in

the application.


Dasti, as prayed.



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. 16.07.2018

Present :



A.No. Statement of Sh. ON SA

RO&AC




RO&AC




RO&AC




RO&AC




RO&AC



A.No. Statement of Sh.

ON SA

RO&AC



Date post:	26-Sep-2020
Category:	Documents
Upload:	others
View:	4 times
Download:	0 times

M. No. 84/16 & 85/16 Adjournment sought on the ground that...

Documents