Misc in A.No. 947/17 14.03.2019
Present : Ms. Renu Soni, Nodal Officer for SDMC.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 17.05.2019.
(READER) Appellate Tribunal: MCD
14.03.2019
A.No. 143/19 14.03.2019
Present : Counsel for parties.
Vakalatnama on behalf of respondent filed.
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 16.04.2019.
(READER) Appellate Tribunal: MCD
14.03.2019
A.No. 81/19 14.03.2019
Present : Counsel for parties.
Vakalatnama on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 59/19. 14.03.2019
Present : Counsel for parties.
Sh. Anuj Kejriwal, son of appellant.
Sh. S.D. Bhardwaj, CLI / MCD.
Vakalatnama on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 604/17 and 605/17. 14.03.2019
Present : Counsel for parties.
Sh. Shailender Singh AE(B).
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 22.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 888/18. 14.03.2019
Present : Counsel for parties.
Shri Madvender Kumar ASO.
Status report filed.
Vakalatnama on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 08.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 123/19. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.03.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
Misc. in A.No. 623/16. 14.03.2019
Present : Counsel for respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 13.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 858/18 and 738/18. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 291/15. 14.03.2019
Present : Counsel for parties.
Written submissions filed by the respondent. Copy
supplied.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 23.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 84/19. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 16.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
Misc. In A.No. 1097/16 14.03.2019
Present : Counsel for respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 669/18 and 670/18. 14.03.2019
Present : Counsel for parties.
Sh. Ankur Tyagi AE(B)
Status report filed by the respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 862/16. 14.03.2019
Present : Counsel for parties.
Sh. Milan Sharma son of the appellant.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 193/18. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 250/18 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 01.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 294/17 14.03.2019
Present : Counsel for parties.
Appellant in person
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 19.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
Misc. in A.No. 875/15 14.03.2019
Present : Sh. V.K. Aggarwal, counsel for MCD.
Status report filed
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 16.04.2019
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 409/17. 14.03.2019
Present : Sh. Sushil Kumar proxy counsel for appellant
Sh. H.R. Aggarwal, counsel for MCD.
Status report filed.
Copy of power of attorney filed by proxy counsel for
appellant .
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
P.No. 62/13. 14.03.2019
Present : Counsel for parties.
Sh. Manish Huria AE(B)
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 08.04.2019
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 876/18 and 877/18. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 22.03.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 952/13 14.03.2019
Present : Counsel for parties.
Ms Manorama Masih counsel for Monitoring
Committee.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 01.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 573/13. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 756/18 and 816/18. 14.03.2019
Present : Counsel for appellant
Sh. Kulbushan /Ms Shikha Meena counsel for
respondent .
Vakalatnama on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 29.04.2019
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 917/18. 14.03.2019
Present : Counsel for parties.
Sh.Sanjay son of the appellant.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 14/19 and 15/19. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 24.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 836/18. 14.03.2019
Present : Counsel for parties.
Appellant in person
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 30.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 585/12. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 26.04.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 784/16 and 802/16. 14.03.2019
Present : Counsel for parties.
Appellant in person
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 10.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 839/18 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 12.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 841/17 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 08.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 309/18 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 31.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No .06/17 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 05.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 404/15 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 28.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 76/18. 14.03.2019
Present : Counsel for parties.
Status report filed
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 06.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 460/11 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 11.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 916/17 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 25.07.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 948/17 and 474/17. 14.03.2019
Present : Counsel for parties.
Sh. Rajesh Kumar Attorney.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 05.08.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 935/16. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 658/18. 14.03.2019
Present : Counsel for parties.
Sh. Ashok Gupta, AE(B)
Sh. Satbir, Intervener/applicant.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 31.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 59/15. 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 31.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 448/16 and 449/16 14.03.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 31.05.2019.
(READER) Appellate Tribunal:MCD
14.03.2019
A.No. 188/19 14.03.2019
Present : Sh. Anil Kumar Tyagi, counsel for appellant.
Alongwith appellant.
Fresh appeal filed against demolition order dated
20.02.2019m with respect to property bearing House
No.415, Gali No.1, Nand Ram Mohalla, Brahampuri,
Ghonda, Delhi on account of unauthorized construction in
the shape of ground floor and first floor.
Counsel for appellant submitted that the property is
old having been constructed by the father of the appellant.
He has relied upon various documents including electricity
bill having enersization date 07.09.1986 and 11.07.2014,
House tax receipts w.e.f. 10.07.1969, 09.07.1971,
25.12,1985, copy of PTR dated 15.05.2012 showing ground
floor and first floor and ration card etc.
It is stated that no new construction has been raised
and the construction is old having protection under Delhi
Laws (Special Provisions) Act as the premises is lying in the
unauthorized colony.
It is further stated that show cause notice has never
been served upon the appellant and no opportunity of
hearing was given before passing of the impugned order.
Ld. counsel prayed 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, status report and reply of the
appeal on date fixed. Record be deposited immediately in
the Tribunal.
In the meantime, respondent is restrained from taking
any coercive action in the property of the appellant bearing
no. House No.415, Gali No.1, Nand Ram Mohalla,
Brahampuri, Ghonda, Delhi..in pursuance of demolition
order dated 20.02.2019 till next date of hearing.
A.No. 188/19 -2-
However, this order is subject to any order passed by
the Hon’ble Supreme Court / Hon’ble High Court / Hon’ble
NGT about sealing and demolition in respect of the property
in question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to concerned
AE(B) by the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
Put up this matter for filing of status report, record by
the respondent on 23.07.2019.
Copy of the order be given Dasti to counsel for
appellant, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 187/19 14.03.2019
Present : Sh. Anil Kumar Tyagi, counsel for appellant.
Alongwith appellant.
Fresh appeal filed against demolition order dated
20.02.2019m with respect to property bearing House
No.414, Gali No.1, Nand Ram Mohalla, Brahampuri,
Ghonda, Delhi on account of unauthorized construction in
the shape of ground floor and first floor.
Counsel for appellant submitted that the property is
old having been constructed by the father of the appellant.
He has relied upon various documents including electricity
bill having enersization date 29.01.1976, House tax receipts
dated 18.06.2011, Copy of Delhi Jal Board dated
04.08.1995, and copy of ration card etc.
It is stated that no new construction has been raised
and the construction is old having protection under Delhi
Laws (Special Provisions) Act as the premises is lying in the
unauthorized colony.
It is further stated that show cause notice has never
been served upon the appellant and no opportunity of
hearing was given before passing of the impugned order.
Ld. counsel prayed 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, status report and reply of the
appeal on date fixed. Record be deposited immediately in
the Tribunal.
In the meantime, respondent is restrained from taking
any coercive action in the property of the appellant bearing
no. House No.414, Gali No.1, Nand Ram Mohalla,
Brahampuri, Ghonda, Delhi..in pursuance of demolition
order dated 20.02.2019 till next date of hearing.
A.No. 188/19 -2-
However, this order is subject to any order passed by
the Hon’ble Supreme Court / Hon’ble High Court / Hon’ble
NGT about sealing and demolition in respect of the property
in question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to concerned
AE(B) by the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
Put up this matter for filing of status report, record by
the respondent on 23.07.2019.
Copy of the order be given Dasti to counsel for
appellant, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 185/19 14.03.2019
Present : Sh. Sushil Kr. Tyagi, counsel for appellant.
Fresh appeal filed against sealing of the property on
30.11.2012 filed by the tenant.
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, status report and reply of the
appeal on date fixed. Record be deposited immediately in
the Tribunal.
Put up this matter on 03.07.2019.
Appellant is directed to implead the owner of the
property or to produce him on next date of hearing.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 447/16 14.03.2019
Present : Sh. Vineet Trehan, counsel for appellant.
File taken up today as an application under order 23
Rule 1 CPC has been moved on behalf of the appellant.
Let notice of the application be issued to the
respondent for date already fixed i.e. 11.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 494/16 14.03.2019
Present : Sh. Vineet Trehan, counsel for appellant.
File taken up today as an application under order 23
Rule 10 CPC has been moved by Sh. Sanjeev Mishra and
Sh. M.L. Rathi who have purchased the property from the
appellant.
Let notice of the application be issued to the
respondent as well as to the appellant for date already fixed
i.e. 11.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 908/18 14.03.2019
Present : Sh. Jitesh Talwar, counsel for appellant.
Sh. K.K. Arora, counsel for respondent
alongwith Sh. A.K. Jain, AE(B).
Counsel for appellant states that appellant has
almost submitted all the documents and will comply the IN
within 2-3 days.
AE(B) is directed to positively consider the
application of the appellant and decide it within a week after
submitting the documents by the appellant.
Put up this matter for filing of status report by the
respondent and arguments on 29.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 813/18 14.03.2019
Present : Sh. Gulshan proxy counsel for Sh. Anubhav
Mehrotra, counsel for appellant.
Ahlmad has not issued the notice.
He is warned to be careful in future.
Issue fresh notice as per previous order for
27.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 171/18 14.03.2019
Present : Sh. D.K. Mishra, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
While dictating the order it is found that respondent
has not filed the original record.
Appellant has also not placed on record sealing order
passed by the respondent.
Put up for filing original record by the respondent on
18.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 433/18, 435/18 & 436/18 14.03.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. Karan Gupta, proxy counsel for Sh.
Dharamvir Gupta, counsel for MCD.
Sh. Adil Hussain, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
Further status report has not been filed by the DDA.
Counsel for appellant submits that DDA officers are
not coming forward for filing written arguments,
submissions/ proceedings.
Part arguments heard.
Put up for further arguments on 15.03.2019 at 2.00
p.m.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 795/18 14.03.2019
Present : Sh. Ranjay Roy with Sh. Saddam Hussain,
counsel for appellant.
Sh. V.K. Gupta, AE(B).
Put up this matter for arguments on maintainability of
the appeal on 06.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 14.03.2019
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 192/19 14.03.2019
Present : Sh. O.P. Verma, counsel for appellant.
Ld. counsel for appellant submitted that the appeal
against the revocation of Sanctioned Building Plan is listed
for 02.04.2019 for final arguments.
The building has been constructed as per the
Sanctioned Building Plan under SARAL Scheme vide ID No.
10052432 dated 02.08.2018.
The demolition order has been passed subsequent to
filing of appeal against the revocation of Sanctioned
Building Plan.
It is therefore argued that till the appeal against
revocation of Sanctioned Building Plan is decided on merit,
in case, the ex-parte stay is not granted and the property is
demolished, the appellant would suffer irreparable loss and
his appeal against the revocation of Sanctioned Building
Plan will become infructuous.
In these circumstances, it is submitted that ex-parte
stay be granted against the demolition order dated
28.02.2019.
On perusal of speaking order dated 28.02.2019, it is
noticed that the same has been passed on the ground that
ignorance of law is no excuse because in the reply dated
20.11.2018, the appellant has stated that they were not
aware about the Heritage status of property.
It is further observed that the owner has failed to
produce necessary permission from Heritage Conservation
Committee (HCC) and repair / reconstruction / construction
is not allowed without any valid / prior permission from the
Heritage Conservation Committee.
All these points need serious consideration.
I agree with the contentions of Ld. counsel for
appellant that till the revocation of Sanctioned Building Plan
A.No. 192/19 - 2 -
is considered by this Tribunal and the appeal is disposed off
on merit, the property subject matter of the demolition
proceedings needs to be protected. The interim application
is disposed of accordingly.
Respondent is restrained from taking any coercive
action in the property of the appellant bearing no. 4760,
Jaipuria Building, Jogiwara, Nai Sarak, Delhi-110006 in
pursuance of demolition order dated 28.02.2019 till next
date of hearing.
However, this order is subject to any order passed by
the Hon’ble Supreme Court / Hon’ble High Court / Hon’ble
NGT about sealing and demolition in respect of the property
in question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to concerned
AE(B) by the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
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, status report and reply of the appeal on date
fixed.
Put up this matter for filing of status report / record by
the respondent on 02.04.2019.
Copy of the order be given Dasti to appellant for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019
A.No. 456/16 14.03.2019
Present : Sh. Dalip Rastogi, counsel for appellant
alongwith appellant.
Sh. Naveen Grover, counsel for MCD.
As per the status report filed on previous date, the
existing construction as shown in the affidavit is found to be
correct.
Put up this matter for final arguments on 16.07.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 14.03.2019