a.no. 1062/17, 1069/17 and 827/17 the copy of certain...
TRANSCRIPT
A.No. 1062/17, 1069/17 and 827/17 18.03.2019
Present : Sh. Abhishek Chhabra counsel for appellant .
Sh. Rajender Arya counsel for respondent .
The copy of certain documents has been filed. Copy
supplied.
Put up for perusal of status report and further
proceedings on 03.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 73/17/M 18.03.2019
Present : Sh. Abhishek Chhabra counsel for appellant .
Sh. Rajender Arya counsel for respondent.
The copy of certain documents has been filed. Copy
supplied.
Put up with connected matters No. . 1062/17,1069/17 and 827/17. Put up for perusal of status report and further
proceedings on 03.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 48/19 18.03.2019
Present : Shri G.R. Verma counsel for appellant.
Shri A.K. Dixit counsel for respondent.
Shri Sandeep Jain AE (B) .
The status report has been filed stating that
the application for regularization was received on
13.02.2019 and I.N. dated 15.03.2019 has been
issued. The copy of the status report and I.N.
supplied. The original record be also produced.
Put up for filing the status report regarding
decision of the regularization application on
03.05.2019.
Copy of order be given Dasti to both parties
for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal: MCD 18.03.2019
A.No. 880/17 18.03.2019
Present : Sh. Madan Lal Sharma, counsel for appellant.
Sh. V.K. Aggarwal, proxy counsel for Sh.
Mohit Sharma, counsel for MCD alongwith Ms.
Renu Soni, Nodal Officer for SDMC.
Main counsel for respondent is not present today as
his wife is stated to be ill.
Status report not filed by the concerned Dy.
Commissioner.
Dy. Commissioner is directed to appear in person
alongwith status report on 15.05.2019.
Copy of order be given Dasti to Ms. Renu Soni,
Nodal Officer for SDMC for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 779/14, 769/14, 778/14 & 768/14 18.03.2019
Present : Clerk of Sh. Dalip Rastogi, counsel for
appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Counsel for appellant is on Dwarka Court.
Put up this matter for final arguments on 09.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 1002/16 18.03.2019
Present : Sh. Aman Ahmad, Proxy counsel for
appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Adjournment sought as main counsel for appellant is
not available today.
Put up this matter for final arguments on 29.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 1152/15 & 1153/15 18.03.2019
Present : Sh. S.D. Ansari, counsel for appellant
alongwith appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Status report in compliance of order dated
05.11.2018 filed stating that unauthorized construction is
still remaining at site in respect of the demolition order has
been passed. No application for regularization has been
filed till date by the appellant. The property may be allowed
to be desealed for self rectification only.
Adjournment sought.
Put up this matter for filing proceedings of Hon’ble
High Court on 22.03.2019 wherein respondent has stated
that demolition action has already been completed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 859/18 18.03.2019
Present : Sh. Vikas Chhabra, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Ld. counsel for appellant submitted that the matter in
the Hon’ble High Court is listed for 26.03.2019.
Copy of order dated 19.12.2018 is placed on record.
Put up this matter for arguments on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 227/18 18.03.2019
Present : Sh. Madan Lal Sharma, counsel for appellant.
Sh. Amit Kumar, counsel for MCD.
Sh. Paritosh Tomar, counsel for applicant.
Status report in compliance of order dated
24.12.2018 filed stating that regarding contents of para no.
4 in the application of the applicant Sh. Pravesh Attri, it is
stated that regarding status of the land, ownership title or
allied issues, it is either a subject matter of Dy.
Commissioner (Revenue), GNCT of Delhi (who maintain
property record on the basis of Khasra) or DDA.
In view of the status report filed today, notice
alongwith copy of application under section 151 CPC be
issued to Dy. Commissioner (Revenue) South, GNCT of
Delhi to file the status report regarding the property bearing
no. 65-D, Khasra No. 829.
Copy of order be given Dasti to the applicant for
placing the same before concerned Dy. Commissioner for
filing the record.
Put up this matter for that purpose and arguments on
15.05.2019.
Interim stay granted by Hon’ble High Court is ordered
to be extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 708/18 & 418/18 18.03.2019
Present : Sh. Praveen, proxy counsel for appellant.
Sh. Sanjeev Yadav, counsel for MCD
alongwith Ms. Renu Soni, Nodal Officer for
SDMC.
Track record has not been filed.
Adjournment sought to file the track record.
Put up this matter for that purpose and arguments on
27.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 762/17 18.03.2019
Present : Sh. Anuj Garg, counsel for appellant.
Sh. K.K. Arora, counsel for MCD.
Sh. Faiz Ahmad counsel for Delhi Waqf Board.
Adjournment sought for filing reply to the application
under Order 1 Rule 10 CPC.
Put up this matter for that purpose and arguments on
23.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 758/18 18.03.2019
Present : Sh. Abhishek Singh, counsel for appellant.
Sh. Sanjay Sharma, counsel for MCD.
Ms. Preeti Sharma, proxy counsel for Sh.
Naveen Kumar, counsel for HPCL (applicant)
Adjournment sought.
Put up this matter for arguments on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 672/18 18.03.2019
Present : Sh. R.N. Singh, counsel for appellant.
Ms. Manjusha Jha, counsel for MCD alongwith
Sh. Manoj Kumar, AE(B).
Status report filed which shows that the decision has
not been taken on the application on the ground that original
record is lying deposited with the Registrar.
Ld. counsel for appellant submitted that it is a
delaying tactics of the respondent.
It is strange to note that no decision has been taken
despite directions on the pretext that original record is lying
with the Tribunal.
A copy of record is already kept by the respondent
for such purposes and there was no hurdle to obtain the
original record if required during the period of two months
after 30.01.2019.
Concerned Dy. Commissioner is directed to file
status report under his own hand and signature. He / she
further directed to pass appropriate order on the application.
Registrar is directed to return the original record if
required by the AE(B) who is present today.
Put up this matter for filing status report by the
respondent and arguments on 15.04.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 401/18 18.03.2019
Present : None for appellant.
Sh. H.R. Aggarwal, counsel for MCD
alongwith Sh. Atul Gupta, L.I.
Status report signed by Dy. Commissioner filed
stating that the property in question is one of the 21,960
industrial units identified by the DSIDC in respect of which
the Commissioner, South DMC has filed affidavit before the
Hon’ble Supreme Court in the matter of M.C. Mehta vs.
Union of India.
In view of status report and order dated 26.11.2018
passed by the Hon’ble Supreme Court in Writ Petition (C)
No.4677/1985 titled as M.C. Mehta vs UOI, the appeal is not
maintainable and accordingly dismissed.
The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 391/16 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Adjournment sought to seek instructions from
dismantling the tower.
At request, put up this matter for further proceedings
on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 140/18 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report filed which states that tower is not
completely dismantled.
Ld. counsel for appellant submitted that the tower will
be dismantled within two weeks.
Let the tower be temporary desealed for 15 days
w.e.f. 26.03.2019 to 10.04.2019 for the purpose of
dismantling.
Put up this matter for filing of status report by the
respondent and arguments on 22.04.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 233/16 & 142/18 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant
alongwith Sh. Manish Kumar Singh, AR of
appellant company.
Sh. H.R. Aggarwal / Sh. V.K. Aggarwal,
counsel for MCD.
Status report filed stating that the tower has already
been dismantled.
In view of the status report, the appeal is disposed off
accordingly as become infructuous.
The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 322/15 & 961/14 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant
alongwith Sh. Manish Kumar Singh, AR of
appellant company.
Sh. Dharamvir Gupta / Sh. A.K. Jha, counsel
for MCD.
Statement of AR of appellant company has been
recorded.
Ld. counsel for appellant submitted that the
respondent will inspect the site for verification of statement
regarding dismantling of tower.
Heard.
Statement and submissions perused.
In view of the statement of the AR of appellant and
submissions made at bar, the appeal is disposed of having
become infructuous.
In case the tower has not been dismantled,
respondent is at liberty to comply the impugned demolition /
sealing order, if any.
The appeal is disposed of accordingly in above
terms.
The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 689/15 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant
alongwith Sh. Manish Kumar Singh, AR of
appellant company.
Ms. Nagina Jain, counsel for MCD.
Statement of AR of appellant company has been
recorded.
Ld. counsel for appellant submitted that the
respondent will inspect the site for verification of statement
regarding dismantling of tower.
Heard.
Statement and submissions perused.
In view of the statement of the AR of appellant and
submissions made at bar, the appeal is disposed of having
become infructuous.
In case the tower has not been dismantled,
respondent is at liberty to comply the impugned demolition /
sealing order, if any.
The appeal is disposed of accordingly in above
terms.
The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 141/18 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant
alongwith Sh. Manish Kumar Singh, AR of
appellant company.
Sh. Manik Garg, counsel for MCD.
Statement of AR of appellant company has been
recorded.
Ld. counsel for appellant submitted that the
respondent will inspect the site for verification of statement
regarding dismantling of tower.
Heard.
Statement and submissions perused.
In view of the statement of the AR of appellant and
submissions made at bar, the appeal is disposed of having
become infructuous.
In case the tower has not been dismantled,
respondent is at liberty to comply the impugned demolition /
sealing order, if any.
The appeal is disposed of accordingly in above
terms.
The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 98/19 18.03.2019
Present : Sh. Anurag Ojha, counsel for appellant.
Sh. Abdul Haq, Nodal Officer from North DMC.
Sh. Manish Tanwar, counsel for applicant.
Vakalatnama of Sh. Sanjay Sethi, Advocate on
behalf of respondent filed.
An application under Order 1 Rule 10 CPC moved by
Sh. Rajender Singh, applicant. Copy supplied to the
appellant.
Put up this matter for filing reply on the said
application and arguments on 22.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 994/17 18.03.2019
Present : Sh. Anuj Garg, counsel for appellant.
Sh. Shashikant Sharma / Sh. Ashutosh Gupta,
counsel for MCD.
Written submissions filed by the appellant.
Respondent is directed to file written submissions by
next date of hearing.
Put up this matter for perusal of written submissions
and arguments on 22.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 54/12 & 55/12 18.03.2019
Present : Sh. K.N. Singh, counsel for appellant.
Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,
counsel for MCD.
Ld. counsel for appellant states that remaining work
of cutting of girder were being cutting down by the appellant.
Concerned AE(B) is directed to appear in person
alongwith status report and photographs of the property on
31.05.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 54/19 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Original record attached with appeal file no. 55/19
which is listed for 23.04.2019.
Put up this matter for filing status report by the
respondent and arguments on 23.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 935/14 & 159/17 18.03.2019
Present : Sh. R.P. Tyagi, counsel for appellant.
Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,
counsel for MCD.
Status report was filed on previous date which shows
that demolition action in compliance of order has not been
taken.
Ld. counsel for appellant seeks adjournment to
produce the appellant for withdrawal of the appeal.
Put up this matter for filing further status report by the
respondent / statement of appellant on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 171/18 18.03.2019
Present : Sh. D.K. Mishra, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Original record perused.
Copy of title documents already filed.
Put up this matter for clarifications, if any / orders on
04.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 253/17 18.03.2019
Present : Sh. A.R. Naseer, proxy counsel for appellant.
Ms. Praveen Sharma, counsel for MCD.
Status report was filed on previous date under the
hand and signature of concerned Dy. Commissioner stating
that upon availability of police force from PS Jamia Nagar
on 03.01.2019, respondent sealed the entire booked
unauthorized construction.
Dy. Commissioner is directed to file further status
report as per previous order on 09.07.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 430/18 18.03.2019
Present : Sh. Shiva Handa, counsel for appellant.
Sh.Mikhil Sharma, counsel for respondent
alongwith Sh. B.S. Gupta, AE(B).
Written statement / reply has already filed on behalf
of the respondent.
Ld. counsel for appellant seeks adjournment to file
rejoinder, if any.
Certain documents also filed by the respondent.
Objections to the status report also filed on behalf of
the appellant.
Put up for final arguments on 09.05.2019 at 2.00
p.m. Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 123/19 18.03.2019
Present : Sh. C. Prakash, counsel for appellant.
Sh. Ashutosh Gupta, counsel for MCD
alongwith Sh. B.P. Singh, AE(B).
Status report filed.
Concerned AE(B) has made a statement that
demolition order dated 11.01.2019 was passed as the
appellant never supplied the copy of the regularization plan
which was supplied for the first time before the court in the
present appeal. As such the said regularization plan being
a vital document can only be considered if the order dated
11.01.2019 is set aside. The department is ready to provide
fresh hearing to the appellant and thereafter shall pass a
fresh speaking order in the present matter. The directions
dated 12.02.2019 passed by the Monitoring Committee will
also be considered at the time of fresh hearing. His
statement has been recorded separately in this regard.
I have heard ld. counsel for parties.
Counsel for respondent submitted that in view of the
statement of the AE(B) concerned as the regularization plan
has been submitted during the proceedings of this appeal
which will be considered by the Quasi Judicial Authority
while giving hearing for passing the fresh speaking order. It
is further submitted that the directions given by the
Monitoring Committee regarding non applicability of the
protection under Delhi Laws (Special Provisions) Act in this
case will also be considered while passing the speaking
order.
In view of the statement of the AE(B) concerned, the
impugned order is set aside with the direction to pass fresh
speaking order within a period of one month.
The respondent shall provide the opportunity of
submitting reply of the show cause notice as well as
personal hearing to the appellant who is directed to appear
in the office of AE (B) on 04.04.2019 at 3:00 p.m. on which
A.No. 123/19 -2-
date the appellant is permitted to file reply, document and
written submissions, if any. Appellant however shall not
seek any adjournment on any ground for personal hearing
or for filing any document or written submission or for
submitting reply of the show cause notice.
The AE(B), concerned thereafter shall pass the
speaking order and deal with all the submissions, pleas and
the defences raised by the appellant and shall complete the
proceedings maximum preferably within one month
thereafter.
With these observations appeal is remanded back.
The appellant shall not raise any further construction in the
said property nor shall sell it or create any third party
interest in the same till the matter is decided afresh by the
AE(B).
The appeal is, thus, disposed off. The file of the
department be returned to the respondent alongwith copy of
this order. Appeal file be consigned to record room.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 728/13 & 729/13 18.03.2019
Present : Sh. Neeraj Kumar, counsel for appellant
alongwith Smt. Rama Gupta and Smt. Sarita
Aggarwal, (appellant).
Sh. A.K. Jha, counsel for respondent MCD.
Sh. Mahul Prasad, proxy counsel for Sh.
Navin Matta, counsel for Monitoring
Committee.
Sh. G.S. Asthana, counsel for DDA.
Sh. Amit Kumar Mittal, counsel for DUSIB.
Statement of Smt. Rama Gupta has been record
separately regarding ownership of the property in question.
Put up for perusal of the statement, clarification, if
any / order on 09.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 1063/16 18.03.2019
Present : Sh. S.D. Sharma, counsel for appellant.
Sh. V.K. Aggarwal, counsel for appellant
alongwith Sh. Hukam Singh, AE(B).
AE(B) submits that despite search of the record
original FIR could not be found. The carbon copy of the
same is already in record, which may kindly be considered.
The reply to the show cause notice filed by the
appellant in appeal which is not in our record may be
considered by the Tribunal. His statement has been
recorded separately in this regard.
Put up for perusal of the statement, clarification, if
any / order on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 813/14 18.03.2019
Present : Sh. Raman Sablok, proxy counsel for counsel
for appellant.
Sh. Ashutosh Gupta, counsel for MCD
alongwith Sh. R.K. Jain, AE(B).
Sh. Vikas Aggarwal, counsel for applicant
alongwith applicant in person.
AE(B) stated that the status report dated 18.03.2019
has been prepared and filed by him. As per the said report
he has carried out the inspection in the appeal property
whereby he has observed that the existing construction at
site i.e. ground floor of property bearing No.21, Bunglow
Road, Delhi-7 has been brought in accordance with
Sanctioned Building Plan. He has further noticed that the
walls at the ground floor of the said property have been re-
erected at its original position restoring back the said portion
as per Sanctioned Building Plan. He further states that no
further sealing and demolition action in pursuance of the
booking dated 25.08.2010 vide file No.139/C-
69/B/UC/CLZ/2010 for unauthorized construction. The
property, at present, can only be used for residential
purposes. However, since the property is abutting on a
notified mixed land use road, the same can be used for the
purposes as provided in the MPD-2021 subject to
completion of all necessary formalities and payment of
requisite charges. His statement has been recorded
separately in this regard.
Adjournment sought to produce the appellant for
making statement for withdrawal of the appeal.
Put up on 25.03.2019 for that purpose and further
proceedings.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 65/13 18.03.2019
Present : Sh. Lakshay Kumar proxy counsel for Sh.
S.D. Ansari, counsel for appellant.
Sh. Abdul Haq, Nodal Officer, NDMC.
Adjournment sought to file the status report of the
reference pending in the Hon’ble High Court.
Put up for that purpose and further proceedings on
29.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
M.No. 301/96 18.03.2019
Present : Applicant in person.
He has placed on record copies of certain documents
to establish his identity.
Put up for perusal of the documents and arguments
on 26.03.2019. at 2.00 p.m.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 602/14 18.03.2019
Present : Sh. M.G. Vacher, counsel for appellant.
None for DDA.
None for R-2 & R-3.
An application for early hearing was moved as matter
was already listed on 11.07.2019. No one is present on
behalf of the respondent DDA.
There is no Nodal Officer appointed by the DDA.
Notice be issued to the DDA through Chief Legal
Advisor intimating that no one is appearing on behalf of the
DDA in the matter and Nodal Officer was also not appointed
to represent the DDA in the matters before this Tribunal.
Responsible officer be directed to remain present for
explanation in that regard.
Copy of this order be sent through special
messenger to the DDA.
Put up for arguments on early hearing application on
12.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 112/19 122/19 & 124/19 18.03.2019
Present : Sh. Sher Afgan, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD in
appeal No.122/19 & 124/19 alongwith Sh.
Ashish Sharma, AE(B).
None for respondent in appeal No.112/19.
Status report filed.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Status report in appeal No.112/19 not filed.
Reply to the application seeking condonation of delay
not filed. The property is lying sealed.
Put up for arguments on the application seeking
condonation of delay and thereafter interim stay application,
if any on 23.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 84/17 18.03.2019
Present : Sh. Amarnath counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Status report filed. Copy supplied to the counsel for
appellant for taking necessary steps / filing of objection, if
any.
Put up for further proceedings on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 168/19 18.03.2019
Present : Sh. Veer Singh, counsel for appellant.
Ms. Renu Soni, Nodal Officer for SDMC
alongwith Sh. Srikant, AE(B).
Vakalatnama on behalf of respondent filed.
It is stated that original record is attached with appeal
file bearing No.161/19 listed on 09.07.2019.
Put up this matter alongwith said appeal tomorrow
i.e. 19.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 382/18 18.03.2019
Present : Sh. Deepak Thakur, counsel for appellant
alongwith appellant.
File taken today as an application for early hearing
has been moved on behalf of the appellant.
Notice of the application be issued to the respondent
date already fixed i.e. 29.03.2019.
AE(B) concerned is directed to remain present
alongwith original record on date fixed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 53/19 18.03.2019
Present : Sh. Gaurav Jain, counsel for appellant.
Ms. Kanta Chaudhary, counsel for respondent
alongwith Sh. Raj Bhushan, JLO from EDMC.
Adjournment sought to file the status report.
Put up this matter for filing of status report by the
respondent and arguments on 26.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 180/19 & 181/19 18.03.2019
Present : Sh. V.K. Arora and Sh. Nitin Ahlawat counsel
for appellant.
Sh. Shashikant Sharma, counsel for MCD in
appeal No.181/19.
Sh. V.K. Aggarwal, counsel for MCD. in
appeal No.180/19.
Memo of appearance on behalf of respondent filed.
Status report filed.
As per original record the demolition action first time
took place on 25.07.2017 & 05.09.2017.
The application seeking condonation of delay has
been filed.
Adjournment sought to file reply of the said
application because the appeal is apparently barred by
limitation.
Counsel for appellant pointed out that regularization
application has been filed by the appellant for which an IN
has been issued to the appellant. This fact is also verified
by the AE(B) concerned present in the court.
Respondent is directed to take decision on the said
regularization application positively by next date of hearing.
Put up for arguments on the application seeking
condonation of delay and to file status report with regard to
regularization application of the appellant on 26.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 880/17 18.03.2019 at 2.30 PM
File taken up today at the request of
Ms. Renu Soni, JLO/SDMC who submits that the
report in compliance of order dated 06.03.2019 will
be filed within a week. She has further made a
request not to summon the concerned Dy.
Commissioner. In case the status report is not filed
within a week, the Deputy Commissioner will appear
alongwith the status report on date fixed.
Put up on date fixed i.e. 15.05.2019.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 193/19 18.03.2019
Present : Sh.Nagender Yadav counsel for appellant .
Fresh appeal filed against sealing order dated
25.07.2018, alongwith application seeking condonation of
delay.
It is stated that connected appear bearing No.285/17
is listed on dated 30.05.2019.
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 30.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 196/19. 18.03.2019
Present : Sh. G.R.Verma counsel for appellant .
Fresh appeal filed against demolition order dated
12.09.2018 alongwith an application seeking condonation of
delay.
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 22.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
At this stage, Shri Mikhil Sharda counsel for
respondent appeared and submits that he has the
instructions to receive the notice in this case and he will file
his Vakalatnama on next date of hearing.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 534/19. 18.03.2019
Present : Sh. Manoj Sonkar counsel for appellant .
File taken up today as an application for
rectification of order dated 13.03.2019 has been
moved on behalf of the appellant.
Notice of the application be issued to the
respondent for date already fixed i..e 09.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 555/12 & 139/12 18.03.2019
Present : Sh. Tarun Parashar, grandson of Smt. Ram
Kaur.
Sh. H.R. Aggarwal, counsel for DDA alongwith
Sh. Kanwar Singh Kanoongo, DDA.
Sh. H.R. Aggarwal, counsel for MCD in appeal
no. 555/12.
Sh. Ajay Kumar Mishra, counsel for SDM,
Sarasvati Vihar.
Put up on 20.03.2019 at 2.00 p.m. for further
proceedings, clarification, if any / order.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 729/13 Statement of Smt. Rama Gupta W/o Sh. Mukesh Kumar Gupta, R/o Flat No.205-A, Pocket-C, Mayur Vihar Phase-2, Delhi-92 ON SA
I was the owner of the property bearing no. A-4/156, measuring 26
sq. mtr. situated in the layout plan of Kondli Residential Scheme Delhi-
110096 since the date of its purchasing on 30.05.2011 when the property
was already lying sealed. I have sold the same through General Power of
Attorney, Agreement to Sale etc. to Smt. Sarita Aggarwal (present
appellant) on 30.05.2011. The copies of documents filed on record which
are from page No.75 to 87 is ex. P-2. I have no objection in case
property in question be desealed and possession of the same be handed
over to Smt. Sarita Aggarwal. Copy of my Voter ID card is Ex. P-3.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 728/13 Statement of Smt. Rama Gupta W/o Sh. Mukesh Kumar Gupta, R/o Flat No.205-A, Pocket-C, Mayur Vihar Phase-2, Delhi-92 ON SA
I was the owner of the property bearing no. A-4/155, measuring 26
sq. mtr. situated in the layout plan of Kondli Residential Scheme Delhi-
110096 since the date of its purchasing on 30.05.2011 when the property
was already lying sealed. I have sold the same through General Power of
Attorney, Agreement to Sale etc. to Smt. Sarita Aggarwal (present
appellant) on 30.05.2011. The copies of documents filed on record which
are from page No.77 to 89 is ex. P-2. I have no objection in case
property in question be desealed and possession of the same be handed
over to Smt. Sarita Aggarwal. Copy of my Voter ID card is Ex. P-3.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 1063/18 Statement of Sh. Hukam Singh, AE(B) Najafgarh Zone, SDMC. ON SA
Despite search of the record original FIR could not be filed. The
carbon copy of the same is already in record, which may kindly be
considered.
The reply to the show cause notice filed by the appellant in appeal
which is not in our record may be considered by the Tribunal.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 141/18 Statement of Sh. Manish Kumar Singh, AR of the appellant company ON SA
I have instructions from the company to state that the company
has completely dismantled the telecommunication tower from the roof top
of the property bearing No.D-134, Panchsheel Enclave, New Delhi. As
such my appeal may be disposed off.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 961/14 Statement of Sh. Manish Kumar Singh, AR of the appellant company ON SA
I have instructions from the company to state that the company
has completely dismantled the telecommunication tower from the roof top
of the property bearing No.80, Vijay Block, Laxmi Nagar Vikas Marg,
Delhi-92. As such my appeal may be disposed off.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 689/15 Statement of Sh. Manish Kumar Singh, AR of the appellant company ON SA
I have instructions from the company to state that the company
has completely dismantled the telecommunication tower from the roof top
of the property bearing Plot No.3. LSC, Pocket H & J, Sarita Vihar, New
Delhi. As such my appeal may be disposed off.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 322/15 Statement of Sh. Manish Kumar Singh, AR of the appellant company ON SA
I have instructions from the company to state that the company
has completely dismantled the telecommunication tower from the roof top
of the property bearing H.No.212, Block-T, Khasra No.19, Binda Pur,
Matiala Road, Uttam Nagar, New Delhi-59. As such my appeal may be
disposed off.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 813/14 Statement of Sh. R.K. Jain, AE(B), K.P. Zone, NDMC ON SA
The status report dated 18.03.2019 has been prepared and filed by
me. As per the said report I have carried out the inspection in the appeal
property whereby I have observed that the existing construction at site i.e.
ground floor of property bearing No.21, Bunglow Road, Delhi-7 has been
brought in accordance with Sanctioned Building Plan. I have further
noticed that the walls at the ground floor of the said property have been
re-erected at its original position restoring back the said portion as per
Sanctioned Building Plan. I further states that no further sealing and
demolition action in pursuance of the booking dated 25.08.2010 vide file
No.139/C-69/B/UC/CLZ/2010 for unauthorized construction. The property,
at present, can only be used for residential purposes. However, since the
property is abutting on a notified mixed land use road, the same can be
used for the purposes as provided in the MPD-2021 subject to completion
of all necessary formalities and payment of requisite charges.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019
A.No. 430/18 Statement of Sh. B.P. Singh, AE(B), K.P. Zone, NDMC.
ON SA
I say that demolition order dated 11.01.2019 was passed as the
appellant never supplied the copy of the regularization plan which has
been supplied for the first time before the court in the present appeal. As
such the said regularization plan being a vital document can only be
considered if the order dated 11.01.2019 is set aside. The department is
ready to provide fresh hearing to the appellant and thereafter shall pass a
fresh speaking order in the present matter. The directions dated
12.02.2019 passed by the Monitoring Committee will also be considered
at the time of fresh hearing.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 18.03.2019