Amcdonline.gov.in/at/dailyordersnew/638_03.09.2019 ORDER.pdf · More time is sought to file status...

A.No. 424/19, 421/19 and 420/19. 03.09.2019 Present : None for appellant.

Ms. Kanta Chaudhary, Ld. Counsel for EDMC with AE Sh.

Kaptan Singh.

Status report filed.

Be awaited till 12.00 pm.

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

Appellate Tribunal:MCD 03.09.2019

1.25 pm.

Present : Sh. Parvez Ahmed, Ld. counsel for appellant.

Ms. Parveen Sharma, Ld. Counsel for EDMC.

Copy of status report supplied.

At request of Ld. Counsel for appellant, be listed with the

connected appeals on 21.10.2019.



A.No. 686/18. 03.09.2019 Present : None for appellant.

Sh. N.S. Yadav, Ld. Counsel for EDMC.





Sh. Shitij Vats, Ld. Counsel for EDMC.








A.No. 90/19 and 865/18.. 03.09.2019 Present : Sh. R.Y. Kalia, Ld. Proxy counsel for appellant.

Sh. Abdul Haq, Nodal Officer, North DMC.

Final arguments heard.

Be listed for orders on 20.09.2019.



A.No. 871/18. 03.09.2019 Present : Sh. R.Y. Kalia, Ld. Proxy counsel for appellant.

Ms. Mithlesh Singh, Ld. Proxy counsel for North DMC.

Final arguments heard.




A.No. 240/14 and 365/15. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.

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

At request of Proxy counsel for appellant, adjourned for

further proceedings to 03.01.2020 as main counsel is not

available today.



A.No. 161/16. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.

Sh. Abdul Haq, Nodal Officer, North DMC with Sh. Rajiv

Garg, ALO.

Proxy counsel for appellant states that appellant has to

apply for re-opening of regularization file. Subject to the

filing of same within four weeks, status report of the same

be filed by the respondent.

Be listed for final arguments on 03.01.2020.



A.No. 711/17 and 916/14. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

Proxy counsel for appellant states that appellant has to

apply for re-opening of regularization file. Subject to the

filing of same within four weeks, status report of the same

be filed by the respondent.




A.No. 394/19. 03.09.2019 Present : None for the appellant.

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

Fresh Vakalatnama filed on behalf of the respondent.

As none has appeared on behalf of appellant, to come up

for further proceedings / arguments on 07.01.2020.



A.No. 467/19. 03.09.2019 Present : Appellant in person.

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

Memo of appearance filed on behalf of the respondent.

Appellant seeks adjournment as his counsel is not available

today.

Ld. Counsel for respondent seeks time to file status report

and record.

To come up for arguments on the application for stay on

15.10.2019.



A.No. 354/19. 03.09.2019 Present : Sh. Gaurav Sharma, Ld. Counsel for appellant.

Ms. Mehak Nakra, Ld. Counsel for North DMC.

Ld. Counsel for respondent states that she has not received

copy of application moved by the appellant, the same be

supplied.

Ld. Counsel for appellant states that respondent has not

supplied the copy of impugned order inspite the directions to

do so, the same be supplied today itself.

More time is sought to file record, time granted subject to

payment of Rs.5,000/- as cost by the respondent.

Be now listed for arguments on the applications on the date

already fixed i.e. 11.09.2019.

EE(B) concerned to be present on the next date.



A.No. 117/18. 03.09.2019 Present : Sh. K. N. Singh, Ld. Proxy counsel for appellant.

Sh. Ashutosh Gupta, Ld. Counsel for North DMC.

More time is sought to file status report by respondent

giving specific details of the deviations which are not

rectified / removed and also whether the same are

compoundable or not.




A.No. 271/18. 03.09.2019 Present : Sh. K.N. Singh, Ld. Counsel for appellant.

Sh. Amit Kumar, Ld. Proxy counsel for North DMC.

Appellant is directed to file the entire chain of title

documents.

At request of Ld. Counsel for appellant, be listed for final

arguments on 09.12.2019.



A.No. 232/18. 03.09.2019 Present : Ms. N. Sehar, Ld. Proxy counsel for appellant.

Ms. Mithlesh Singh, Ld. Counsel for North DMC with Sh.

P.K. Garg, AE(B).

Status report regarding the verification of affidavit of

appellant qua existing construction filed, copy supplied.

At the request of proxy counsel for appellant, be listed for

final arguments on 02.12.2019.



A.No. 645/17. 03.09.2019 Present : Sh. Amardeep Khatri, Ld. Proxy counsel for appellant.

Ms. Nagina Jain, Ld. Counsel for SDMC.

Objections filed by the appellant to the status report, copy

supplied.

The entire chain of title documents be also filed by the

appellant on the next date.

At request of Ld. Counsel for appellant, adjourned for filing

brief synopsis and final arguments on 01.11.2019.

Interim orders to continue till next date of hearing.



A.No. 423/19. 03.09.2019 Present : Sh. R.K. Bedi, Ld. Counsel for appellant.

Sh. Mohit Sharma, Ld. Counsel for SDMC with Sh. S.P.

Garg, AE(B).

Status report filed, copy supplied.

Ld. Counsel for appellant seeks time to peruse the status

report.

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

arguments to 03.12.2019.




A.No. 534/18. 03.09.2019 Present : Sh. Varun, son of appellant.

Sh. N.S. Yadav, Ld. Counsel for EDMC with Sh. Sandeep

Kumar Jain, AE(B).

Status report filed.

Fresh Vakalatnama filed on behalf of the respondent.

Request is made for adjournment by appellant as his

counsel is not available being unwell.

To come up now for arguments on 25.09.2019.



A.No. 993/17. 03.09.2019 Present : Sh. B. Khan, Ld. Counsel for appellant.

Sh. Abdul Haq, Nodal Officer, North DMC.

At request of Ld. Counsel for appellant, be listed for

withdrawal of appeal on 01.10.2019.



A.No. 269/19. 03.09.2019 Present : Sh. Shekhar Nanawati, Ld. Counsel for appellant.

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


Ld. Counsel for appellant seeks time to file objections to the

status report.

Be listed now for final arguments on 11.11.2019.



A.No. 501/19, 502/19 and 503/19. 03.09.2019 Present : Sh. Arun Vohra, Ld. Counsel for appellant.

Sh. Ranjeet Pandey, Ld. Counsel for SDMC.

Memo of appearance filed on behalf of the respondent.

Time is sought to file status report and record.

To come up for arguments on the application for

condonation of delay and stay on 09.09.2019.



A.No. 907/18. 03.09.2019 Present : Sh. Manoj Goswami, Ld. Counsel for appellant.

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

Status report filed stating that property in question i.e. A-

109, Ground Floor, Raj park, is not a subject matter of the

affidavit filed by the Commissioner, MCD before the Hon’ble

Supreme Court in respect of 21960 industrial units in M.C.

Mehta Vs. UOI in Writ Petition No. 4677/1985.

Ld. Counsel for respondent states that property in question

is required to be desealed to calculate the misuse charges.

Heard, the property in question is directed to be desealed

on 18.09.2019 from 10.00 am to 1.00 pm for the purpose

of calculation of misuse charges. The same be resealed on

the same day after inspection.

Be listed for filing of Status Report on 25.09.2019.

A copy of order be given dasti to Ld. Counsel for

respondent, as prayed for.



A.No. 595/16. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.

Ms. Akanksha Dhami, Ld. Counsel for SDMC.

Proxy counsel for appellant has placed on record

permission / regularization letter No.

D/1018/AE(B)____/BLDG/SZ/2019 dated 07.06.19

accorded by the respondent in respect of the telecom tower

installed on the roof of the property no. B-3/17, Safdarjung

Enclave, New Delhi.

Ld. Counsel for respondent states that the appeal be

disposed off since the permission / regularization has been

granted.

This is an appeal against the order of sealing dated

12.04.2016.

It is submitted by the Ld. Counsel for appellant that the

appeal may be disposed off accordingly and the sealing

order needs to be quashed.

The appellant will follow and abide by all the terms and

conditions of the permission letter dated 12.04.2016 and on

violation of any condition of the said letter the respondent

will be at liberty to take action as per law against the tower

in question.

In view of the above said facts and circumstances, the

appeal is disposed off as infructuous and the impugned

order of sealing is set aside in view of the permission letter

dated 12.04.2016. On compliance of terms and condition of

letter dated 12.04.2016, respondent is directed to deseal the

tower in question installed at the premises bearing No. B-

3/17, Safdarjung Enclave, New Delhi within a period of two

weeks.

The file of the department, if any, be returned to the

respondent alongwith copy of this order. Files be consigned

to record room.

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

prayed.



A.No. 235/18 03.09.2019 Present : Sh. Sarvesh Sharma, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for EDMC with Sh. Raj

Bhushan, Nodal Officer.

An application moved on behalf of appellant u/s. 151 CPC

seeking temporary desealing of the property in question to

remove the goods.

The application has been opposed by the Ld. Counsel for

respondent on the ground that the appeal is not

maintainable as during survey by MCD one Sh. Anil Sharma

was found running an industrial unit in non-conforming area

in the property in question bearing No. 7/80, Vishwas

Nagar, Delhi-32. The said unit was sealed on 11.09.2017.

It is further stated that property in question is part of the list

of 21960 industrial units regarding which Hon’ble Supreme

Court has directed in the Writ Petition no. 4677/1985 titled

M.C. Mehta Vs. UOI & Ors that none of the 21960 industrial

units should be allowed to be re-opened without the

permission of Hon’ble Supreme Court.

In view thereof, I am of the view that the appeal is not

maintainable, the same stands dismissed. Application of the

appellant u/s. 151 CPC seeking temporary desealing also

stands dismissed as appeal is not being maintainable. File

be consigned to Record Room.



A.No. 1060/17, 11/18, 1059/17 03.09.2019 Present : None for appellant

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

Sh. Abdul Haq, Nodal Officer for North DMC

At the request of Ld. Counsel for respondent, adjourned for

consideration to 9.12.2019.



A.No. 437/18 03.09.2019 Present : Ms. Aditi Aggarwal, Proxy Counsel for appellant

Sh. Nitin Kumar, Proxy Counsel for MCD


arguments to 18.12.2019 as the main counsel is not

available today.




A.No. 105/2019 03.09.2019 Present : Sh. Jitender Kumar, Counsel for appellant

Sh. Surender Singh, Counsel for SDMC

Status report filed, copy supplied. It is stated that record

has been filed in connected appeal bearing No.

27/ATMCD/19, titled M/s Mubarik Kashmir Creations & Anr.

v/s SDMC.


arguments to 11.11.2019.




A.No. 1073/16 03.09.2019 Present : Sh. Shorya Bali, Proxy Counsel for appellant

Sh. V.K. Aggarwal/Ms. Manjusha Jha, Counsel for MCD

Ld. Proxy Counsel for appellant seeks adjournment as the

main counsel is not available today.

To come up for final arguments on 18.12.2019.




A.No. 724/16 and 727/16 03.09.2019 Present : Sh. Praveen Suri, Counsel for appellant

Sh. Dharamvir Gupta, Counsel for MCD


At request of Ld. Counsel for appellant, adjourned for filing

brief synopsis and final arguments to 9.12.2019.




A.No. 133/2018 03.09.2019 Present : Sh. Vijay Sehgal, Counsel for appellant

Sh. H.R. Aggarwal, Counsel for MCD

Ld. Counsel for respondent seeks time to file status report

and record.

Be listed for filing status report and record on 30.10.2019.



A.No. 831/15 03.09.2019 Present : Appellant in person

Sh. Shashi Kant Sharma, Counsel for EDMC

Appellant seeks pass over for 2.00 p.m.

Ld. Counsel for EDMC states that he is not available at 2.00

p.m.

Adjourned for final arguments to 13.11.2019.



A.No. 140/19, 141/19, 138/19, 137/19 03.09.2019 Present : Ms. Vijay Laxmi, Proxy Counsel for appellant

Sh. Dharamvir Gupta, Counsel for MCD


At request of Ld. Proxy Counsel for appellant, adjourned for

argument on application for stay and condonation of delay.

Record be deposited with the Registry today itself.

Be listed for 6.11.2019.



A.No. 476/13 03.09.2019 Present : Sh. S.S. Gupta, Counsel for appellant

Sh. H.R. Aggarwal, Counsel for SDMC

Ld. Counsel for respondent states that the premises in

question was sealed on 29.3.2007 as per directions of

Hon’ble Monitoring Committee constituted by the Hon’ble

Supreme Court. At the time of sealing, commercial

activities were being carried on in the property in question.

It is further submitted that in connected appeals, Monitoring

Committee decided the applications for de-sealing.

It is submitted by the Ld. Counsel for respondent that the

appellant may also approach the Monitoring Committee for

appropriate directions.

Ld. Counsel for appellant seeks four week’s time to

approach Monitoring Committee.

Be listed for further proceedings on 4.11.2019.



A.No. 407/15 03.09.2019 Present : Sh. Shorya Bali, Proxy Counsel for appellant

Sh. V.K. Aggarwal, Counsel MCD

File is stated to be not traceable, the same be put up on

18.12.2019 with the connected appeal.



A.No. 1058/17 03.09.2019 Present : Appellant with Counsel Sh. Ankush Sharma

Sh. Surender Singh, Counsel for SDMC with AE(Bldg.)

Sh. Brij Kishore

Status report filed along with photograph, copy supplied.

Final arguments partly heard.

At request of Ld. Counsel for parties, be listed for further

final arguments on 03.10.2019.



A.No. 184/19, 923/18 & 924/18 03.09.2019 Present : Sh. Dalip Rastogi, Counsel for appellant

Sh. V.K. Aggarwal, Counsel for North DMC

Ms. Sarita Gaur, ALO

At joint request of Ld. Counsel of parties, joint inspection of

the property in question is allowed to be carried out to

enable MCD to verify the report about the deviations, if any,

which are to be removed by the appellant. The Joint

Inspection will be carried out on 28.09.2019 from 11.00 a.m.

to 4.00 p.m. For joint inspection, property be desealed on

28.09.2019 and be re-sealed after inspection.

Status report be filed by the respondent on 15.10.2019.

A Copy of orders be given dasti on the request of the Ld.

Counsel for parties.

Interim orders, if any, to continue till next date of hearing.



A.No. 569/18 03.09.2019 Present : Sh. Ashish Aggarwal, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Sh. Rajeev Mittal Ld. counsel for applicant / intervener.

Ld. counsel for appellant states that appellant does not

wish to file the reply to the application under Order 1 Rule

10 CPC.

Arguments heard on the application under Order 1 Rule 10

CPC.


Ld. counsel for respondent seeks more time to file the

status report on the application of the appellant for

desealing of the property in question.



A.No. 240/18 03.09.2019 Present : Sh. Ashish Aggarwal, Ld. counsel for appellant.


Be listed alongwith connected appeal No.569/18 on

23.09.2019.



A.No. 260/19, 261/19, 262/19, 263/19, 256/18, 257/19, 258/19, 259/19, 264/19, 265/19, 266/19 & 267/19

03.09.2019 Present : Sh. R.K. Jain, Ld. counsel for appellant.

Sh. Madan Sagar / Sh. Sandeep Gupta / Sh. Mohit Sharma

/ Sh. R.K. Agnihotri / Sh. Mohit Singhal / Sh. Shashikant

Sharma, Ld. counsel for MCD.

Ld. counsel for appellant seeks time to file the order passed

in Writ Petition No.3462/16 titled as Dinesh Kumar Vs

EDMC.

Be listed for 21.10.2019 for further proceedings.



A.No. 344/19 03.09.2019 Present : Sh. Bijay Kumar, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh.

Sandeep Kumar Jain, AE(B).

Ld. counsel for appellant seeks more time to file objections

to the status report.




A.No. 190/17 03.09.2019 Present : Appellant with Ld. counsel Sh. Navjot Kwatra.

Sh. Mohit Sharma, Ld. counsel for EDMC.


Ld. counsel for appellant seeks time to peruse the status

report.

At request adjourned for final arguments to 17.12.2019.



A.No. 374/19 and 374/19 03.09.2019 Present : Sh. G.S. Ahuja, Ld. counsel for appellant.


Ld. counsel for respondent seeks more time to file the

status report.

Be listed for filing of the status report on 27.09.2019.

AE(B) to be present on date fixed.



A.No. 457/19 & 458/19 03.09.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.

Sh. V.K. Aggarwal / Sh. Mohit Sharma, Ld. counsel for

MCD.

Vakalatnama filed on behalf of respondent.

Ld. counsel for appellant states that the property in question

is protected by the NCT of Delhi Laws (Special Provisions)

Act.

Ld. counsel for respondent seeks time to file the status

report.

Be listed for arguments on the application for interim stay on

16.09.2019.

AE(B) to be present on date fixed.

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

respondent, as prayed for.



A.No. 438/19 03.09.2019 Present : Sh. M.S. Yadav, Ld. counsel for appellant.

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



Time is sought to file objection to the status report.




A.No. 439/19 03.09.2019 Present : Sh. M.S. Yadav, Ld. counsel for appellant.




At request of Ld. counsel be listed for final arguments with

connected appeal on 22.10.2019.

Interim order to continue till next date.



A.No. 112/19, 122/19 & 124/19 03.09.2019 Present : Sh. Sher Afghan, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD. with Sh. Nutan

Gupta, AE(B).

Sh. R.Y. Kalia, Ld. counsel for applicant / intervener.

Ld. counsel for applicant states that his application under

Order 1 Rule 10 CPC is pending.

Be listed for reply, if any and arguments on the application

on 16.10.2019.



A.No. 517/16 03.09.2019 Present : Appellant with Ld. counsel Sh. C.P. Wig.


Ld. counsel for appellant submits that appellant does not

want to pursue the present appeal

Statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 22.04.2016 stands confirmed. Respondent is at

liberty to take action as per law. AE(B) concerned to file

action taken report before the Dy. Commissioner concerned

who shall ensure the compliance of the impugned order.


respondent.

File be consigned to record room.



At this stage Sh. Parikshit Mahipal Legal Aid counsel

appeared for applicant. He has been apprised of the order.



A.No. 358/17 03.09.2019 Present : Appellant with Ld. counsel Sh. C.P. Wig.


Ld. counsel for appellant submits that appellant does not

want to pursue the present appeal

Statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 02.05.2017 stands confirmed. Respondent is at

liberty to take action as per law. AE(B) concerned to file

action taken report before the Dy. Commissioner

concerned.


respondent.

File be consigned to record room.



At this stage Sh. Parikshit Mahipal Legal Aid counsel

appeared for applicant. He has been apprised of the order.



A.No. 781/17 03.09.2019 Present : None for the appellant.


No one has appeared on behalf of the appellant despite

several calls since morning.

On last two dates of hearing, none appeared for the

appellant.

It is 1.15 PM, it appears that appellant is not interested in

pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution. The impugned demolition order stands

confirmed. The respondent is at liberty to take action as per

law. AE(B) concerned is directed to file the action taken

report before Dy. Commissioner concerned. A copy of this

order be sent to the Dy. Commissioner concerned to ensure

compliance thereof.


respondent alongwith copy of this order. File be consigned

to record room.



A.No. 72/19 03.09.2019 Present : Sh. Manak Budhiraja, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

At request of Ld. counsel for appellant, adjourned for

arguments on the application for interim stay on 01.11.2019.




Sh. V.K. Aggarwal, Ld. counsel for MCD with Nodal Officer,

Raj Bhushan.



On previous date also no one had appeared for the

appellant.




prosecution. The impugned order stands confirmed. The

respondent is at liberty to take action as per law. AE(B)

concerned is directed to file the action taken report before

Dy. Commissioner concerned. A copy of this order be sent

to the Dy. Commissioner concerned to ensure compliance

thereof.



to record room.




Sh. Shitiz Vats, Ld. counsel for SDMC.



On previous date also no one had appeared for the

appellant.




prosecution. The impugned order dated 27.07.2018 stands

confirmed. The respondent is at liberty to take action as per

law. AE(B) concerned is directed to file the action taken

report before Dy. Commissioner concerned. A copy of this

order be sent to the Dy. Commissioner concerned to ensure

compliance thereof.



to record room.



A.No. 508/19 03.09.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Fresh appeal filed u/s 347-B of DMC Act against the order

of sealing dated 16.08.2019 alongwith an application for

stay. It be checked and registered.

Ld. counsel for appellant has pressed the application for

interim stay. It is alleged that no order of sealing has been

served upon the appellant. It is also stated that notice u/s

345A of the DMC Act has been issued to Airtel and

Reliance whereas it is the appellant who had applied for

installation of the tower in question and thereafter an

application also moved for regularization of the tower in

question on 09.08.2019. It is further stated that the

appellant had taken the roof top of property No.A-101/1,

Okhla Industrial Area, Phase-II, New Delhi-20 on lease on

03.02.2009 for installation of telecommunication tower.

Thereafter appellant company applied to the respondent

seeking installation of the tower but the same is still

pending.

It is also stated that appellant company pursuant to

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

No.572/11 applied for regularization of the tower in question

which is also pending. It is further stated that in case interim

protection is not granted the appeal will become infructuous.

Heard. In the above facts and circumstances, I am of the

view that appellant has made out the ground for ex-parte

interim stay.

Respondent is restrained from taking any coercive action in

respect of tower in question installed at the roof top of

property in question bearing No. A-101/1, Okhla Industrial

Area, Phase-II, New Delhi-20 till next date of hearing

pursuant to the impugned order dated 16.08.2019.

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 alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for filing of status report, record by the respondent

on 21.10.2019.

A copy of this order be given Dasti to Ld. counsel for

appellant, as prayed for.



A.No. 214/18 03.09.2019 Present : Sh. Shirish Yaduvanshi and Sh. V.K. Sahai, Ld. counsel for

appellant.

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

Singh, L.I., Rohini Zone.


Statement of the L.I. recorded.

Ld. counsel for appellant stated that appellant has already

deposited the misuse charges.

Appellant is directed to file an affidavit before this Tribunal

and also supply one copy of the same to the respondent

stating that the property in question will be used only for

residential purpose as per provisions of MPD 2021. The

appellant will also mention the name of the person for which

residential use the premises in question is required to be

desealed. The affidavit filed by the appellant shall state the

same and address of the said person who will be

responsible in case of any misuse of the property in

question i.e. for use of premises in question for any purpose

other than residential.

Appellant will also state that in the event the property in

question is used for any purpose other than residential, he

shall be liable to contempt of court.


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

appellant, as prayed for.




Sh. Ashwani Kumar, Nodal Officer for SDMC.

At request of Nodal Officer, adjourned for further

proceedings to 11.12.2019.



A.No. 517/16 03.09.2019 Statement of Sh. Gurjeet Singh S/o S. Harbans Singh, appellant R/o C-

43A, Second & Third floors Block-C, Fateh Nagar, New Delhi

On SA

I am the appellant in the present appeal, I may be permitted to

withdraw the appeal unconditionally.

RO & AC



A.No. 358/17 03.09.2019 Statement of Sh. Gurjeet Singh S/o S. Harbans Singh, appellant R/o C-

43A, Second & Third floors Block-C, Fateh Nagar, New Delhi

On SA

I am the appellant in the present appeal, I may be permitted to

withdraw the appeal unconditionally.

RO & AC



A.No. 214/18 03.09.2019 Statement of Sh. Baljit Singh, L.I., Rohini Zone, North DMC.

On SA

The appellant has deposited the misuse charges or penalty in respect of

misuse of the property No.19, Khasra No.342, Pratap Vihar, Part-I, Kirari

Suleman Nagar, Delhi. Nothing more is required to be paid regarding

misuse charges or penalty. This property is not a subject matter of the

21960 industrial units in which Ld. Commissioner, MCD filed the affidavit

before the Hon’ble Supreme Court in Writ Petition (C) No. 4677/1985

titled M.C. Mehta Vs UOI. The property in question can be used for

residential purpose only.

RO & AC



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