a.no. 33/19 22.01.2019 ld. presiding officer is on half...

A.No. 33/19 22.01.2019

Present : Ms. Nirmala Singh, counsel for appellant.

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

Memo of appearance on behalf of respondent filed.

Ld. Presiding Officer is on half day leave today

before lunch.

As prayed, put up this matter on 22.02.2019.

(READER) Appellate Tribunal:MCD

22.01.2019

A.No. 10/19 22.01.2019

Present : Counsel for parties.

Vakalatnama of Ms. Akansha Dhammi on behalf of

respondent filed.

Status report filed.


before lunch.



22.01.2019

A.No. 09/19 22.01.2019



before lunch.



22.01.2019

A.No. 850/18 22.01.2019

Present : Sh. Ajay Dabas, counsel for appellant.

Sh. Devender Singh, counsel for respondent

alongwith Sh. Lalit Sharma, AE(B).

Vakalatnama on behalf of respondent filed.


before lunch.



22.01.2019

A.No. 879/18 22.01.2019


Vakalatnama of Sh. K.K. Arora, on behalf of

respondent filed.


before lunch.



22.01.2019

A.No. 868/18 & 712/18 22.01.2019

Present : Sh. Shalu Jain, counsel for appellant.

Counsel for respondent alongwith Sh. Vijender

Singh Brijwasi, AE(B).

Status report filed. Copy supplied.


before lunch.



22.01.2019

A.No. 802/13 22.01.2019


Sh. Ankur Tyagi, AE(B).



before lunch.



22.01.2019

A.No. 218/18 22.01.2019

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

Sh. H.R. Aggarwal, counsel for MCD

alongwith Sh. Anil Kanojia, L.I.


before lunch.



22.01.2019

A.No. 784/16 22.01.2019



before lunch.



22.01.2019

A.No. 936/17 & 800/17 22.01.2019

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

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


before lunch.



22.01.2019

A.No. 487/18 22.01.2019



before lunch.



22.01.2019

A.No. 909/18 22.01.2019

Present : None for appellant.


before lunch.



22.01.2019

A.No. 567/18 22.01.2019


Sh. V.K. Gupta, AE(B).


before lunch.



22.01.2019

A.No. 511/17, 337/17, 512/17, 338/17, 339/17, 623/17, 335/17 & 336/17 22.01.2019

Present : Sh. N.K. Bansal, counsel for appellant

alongwith appellant.

Sh. Dharamvir Gupta, counsel for MCD / Sh.

Naveen Grover, counsel for MCD.

Status report filed by the respondent in appeal no.

337/17, 338/17 & 335/17.


before lunch.



22.01.2019

A.No. 604/18 to 607/18 22.01.2019



before lunch.



22.01.2019

A.No. 990/16 22.01.2019



before lunch.



22.01.2019

A.No. 577/16 22.01.2019


Ms. Garima Goel, counsel for intervener.



before lunch.



22.01.2019

A.No. 539/18 22.01.2019



before lunch.



22.01.2019

A.No. 619/18 22.01.2019

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

Counsel for respondent.

Vakalatnama on behalf of appellant filed.


before lunch.



22.01.2019

A.No. 887/18 22.01.2019


Vakalatnama of Sh. Dharamvir Gupta, on behalf of

respondent filed.


before lunch.



22.01.2019

M.No. 29/18 22.01.2019

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

Sh. Shashikant Sharma, counsel for MCD.


before lunch.



22.01.2019

A.No. 344/18 22.01.2019


Sh. A.S. Meena, AE(B).


before lunch.



22.01.2019

A.No. 465/18 22.01.2019



before lunch.



22.01.2019

A.No. 876/18 & 877/18 22.01.2019

Present : Sh. Tarun Aggarwal, proxy counsel alongwith

appellant.

Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. Dev Kumar, EE(B) and Sh.

Manish Huria, AE(B).


before lunch.



22.01.2019

A.No. 540/18 to 551/18 22.01.2019

Present : Ms. Divya Upadhyay, counsel for appellant.

Sh. Mikhil Sharda, counsel for respondent

alongwith Sh. Manish Huria, AE(B).



before lunch.



22.01.2019

A.No. 310/17 22.01.2019



before lunch.



22.01.2019

A.No. 249/17 22.01.2019


Sh. Manish Huria, AE(B).

Status report filed. Copy supplied.


before lunch.



22.01.2019

A.No. 729/17 & 730/17 22.01.2019

Present : Sh. Jitender Verma, counsel for appellant.

Sh. Nitin Prakash, counsel for respondent.


before lunch.



22.01.2019

A.No. 309/12 22.01.2019



before lunch.



22.01.2019

A.No. 1080/16 22.01.2019



before lunch.



22.01.2019

A.No. 492/17 22.01.2019



before lunch.



22.01.2019

A.No. 130/17 22.01.2019



before lunch.



22.01.2019

A.No. 410/17 22.01.2019



before lunch.



22.01.2019

A.No. 561/18 22.01.2019

Present : Appellant in person.

Sh. Ranjit Pandey, counsel for respondent

alongwith Sh. V.K. Singh, AE(B).


before lunch.



22.01.2019

A.No. 437/15 22.01.2019



before lunch.



22.01.2019

A.No. 769/17 22.01.2019




before lunch.



22.01.2019

A.No. 589/18 22.01.2019



before lunch.



22.01.2019

A.No. 629/18, 97/18 & M-23/18 22.01.2019

Present : Appellant in person.

Counsel for respondent.


before lunch.



22.01.2019

A.No. 162/16 22.01.2019



before lunch.



22.01.2019

A.No. 627/18 22.01.2019


Status report filed by the respondent.


before lunch.



22.01.2019

A.No. 787/16 22.01.2019



before lunch.



22.01.2019

A.No. 22.01.2019



before lunch.

As prayed, put up this matter on ……………..


22.01.2019

A.No. 795/18 22.01.2019

Present : Sh. Pradhuman Singh, counsel for appellant.

Ms. Nagina Jain, counsel for MCD alongwith

Sh. V.K. Gupta, AE(B).

Ld. counsel for respondent states that respondent

has to file status report before the Hon’ble High Court on

12.03.2019 regarding property in question and seeks

adjournment to file detailed reply / status report regarding

maintainability of the present appeal.

Registrar is directed to attach the file of appeal

No.844/15 which was dismissed as withdrawn on

23.05.2016.

Put up this matter for filing of status report by the

respondent and arguments on 05.02.2019 at 1.00 p.m.

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

as prayed.

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

Appellate Tribunal:MCD 22.01.2019

A.No. 29/19 22.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Ranjit Pandey, counsel for respondent

alongwith Sh. Manish Huria, AE(B) and Ms. Renu

Soni, Nodal Officer for SDMC.

Status report under the hand and signature of Dy.

Commissioner South Zone filed stating that on receiving

complaints from Special Task Force (STF), the impugned site

was inspected and found that the property abuts on notified

Commercial Street and owner/occupier was in process of putting

the premises into use for running gymnasium. Accordingly a

show cause notice u/s 345-A of the DMC Act dated 12.11.2018

was issued and the same has been served by way of pasting.

It is further submitted that no reply was received till

20.11.2018 and concerned field staff recommended sealing

action u/s 345A of the DMC Act as the official concerned was not

aware that the owner / user had filed reply on 19.11.2018 in the

Dak Section of the undersigned. Accordingly order u/s 345A of

the DMC Act was passed.

AE(B) concerned states that respondent is ready to give

fresh hearing and consider the reply filed by the appellant. He is

ready to make a statement in this regard.

Since the order has been passed by the Dy.

Commissioner, the said submissions / status report regarding

giving fresh hearing has to be made on behalf of the Dy.

Commissioner concerned.

Ld. counsel for respondent seeks adjournment to file the

said status report incorporating those facts for giving fresh

hearing and to consider the reply filed by the appellant.

Put up for filing the said status report under the hand and

signature of the Dy. Commissioner concerned.

Put up on 23.01.2019 at 2.00 p.m.

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

prayed.



A.No. 433/18, 435/18 & 436/18 22.01.2019

Present : Sh. K.B. Gupta, counsel for appellant.

Sh. Satender Singh, proxy counsel for Sh.

Ashutosh Gupta, counsel for MCD.

None for applicant.

Sh. Piyush Jain, counsel for DDA alongwith

Sh. Rakesh Kumar, Assistant Director (OSB),

DDA.

Vakalatnama on behalf of respondent DDA filed.

Vide order dated 03.01.2019, notice was issued to

DDA with the direction that Dy. Director (OSB) to appear in

person alongwith relevant record to clarify the source of

information on the basis of which the Dy. Director (OSB),

DDA in the letter dated 16.04.2018 has observed that DDA

cannot grant any NOC for any kind of construction activity at

the hospital being on the demarcated floor plains.

Ld. counsel for DDA seeks adjournment to file the

reply to the said direction as well as original record

pertaining to the facts and circumstances with regard to

above observations in letter dated 16.04.2018 on the

ground that file has been sent to Ministry of Urban

Development, Govt. of India for seeking opinion of Ld. ASG

with regard to opinion given by Ld. Senior counsel Sh.

Neeraj Krishan Kaul regarding same matter.

The file is stated to have been sent two months ago.

The present appeal is being heard finally with regard to

demolition / sealing proceedings.

No forwarding letter / proof of sending of file and its

purpose has been placed on record today. The present

matter is being delayed since 10th January for non-

submission / clarification regarding observation of letter

dated 16.04.2018, Dy. Director (OSB), DDA.

A.No. 433/18, 435/18 & 436/18 - 2 -

The Commissioner (Land Development), DDA and

Commissioner (Land Planning), DDA are directed to submit

necessary response / record within two weeks, failing which

they are directed to appear in person.

Copy of the order be given Dasti to Sh. Rakesh

Kumar, Assistant Director (OSB), DDA for placing the same

before both the above officers for compliance.

Put up this matter for compliance and further

proceedings / arguments on 11.02.2019 at 2.00 pm.

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

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



A.No. 51/19 22.01.2019

Present : Sh. B.S. Saini, counsel for appellant.

This is an appeal against demolition order dated

10.01.2019 wherein property has been booked for

unauthorized construction on account of deviations against

the completion plan dated 21.01.2009.

It is stated that the said demolition order was

received by the appellant on 16.01.2019.

Ld. counsel for appellant, at the very outset,

submitted that the appellant is ready to carry out rectification

of the alleged deviations and has also applied for

regularization of the same by submitting the necessary site

plan with the respondent on 18.01.2019.

It is further submitted that in case the alleged

unauthorized construction is not regularized by the

respondent, the appellant will remove the same within

reasonable time and bring the property within the

parameters of Sanctioned Building Plan.

Ld. counsel for appellant has prayed for ex-parte stay

against the respondent restraining them from carrying out

demolition / sealing proceedings.

It is further submitted that the appellant is running a

school in the name of the Indian School in the premises and

in case the injunction is not granted, the respondent will

damage the school and it will cause the hindrance to the

study of 3000 students.

In view of the submissions of the appellant, in case

the regularization application is not allowed, the appellant

will himself / itself remove the alleged unauthorized

construction within a reasonable time;

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

A.No. 51/19 - 2 -

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 i.e.

Indian School, Josip Broz, Tito Marg, Sadiq Nagar, New

Delhi in pursuance of impugned order 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.

Put up this matter for filing of status report, record by

the respondent on 25.02.2019.

Copy of the order be given Dasti to counsel for

appellant, as prayed.



A.No. 36/19 22.01.2019

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

Fresh appeal against demolition order dated

04.10.2017 has been filed alongwith application seeking

condonation of delay.

Ld. counsel for appellant has requested to adjourn

the matter with connected appeal on 27.03.2019.

Issue notice of the appeal and application for

condonation of delay 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 27.03.2019. Notice be given

Dasti, as prayed.



A.No. 40/19 22.01.2019

Present : Sh. Dheeraj Kumar Singh, counsel for

appellant.

Appeal has been filed against sealing order dated

29.12.2017.

It is stated that vacation notice is not yet issued. It is

further stated that the demolition proceeding has already

been challenged in the appeal bearing no. 449/15 and

450/15 which are listed for 20.02.2019.

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.

Put up this matter on 20.02.2019.



Contempt No. 01/19 in Appeal No. 317/15 22.01.2019

Present : Sh. I.A. Khan, counsel for appellant.

A contempt application is moved against the

respondent Sh. Raj Kumar, for violation of order of this

Tribunal dated 27.09.2017.

It is stated that MCD has granted permission to raise

the construction at first floor wherein respondent is not

allowing the construction despite giving three notices by

counsel for appellant in writing.

Let notice of this application be issued to the

respondent for 05.03.2019.

Notice as well as copy of this order be given Dasti.



A.No. 667/18 22.01.2019

Present : Sh. Aditya Singh with Sh. Shushant Kumar,

counsel for appellant.

File taken up today on an application moved on

behalf of the appellant for recalling of order dated

26.11.2018 on the ground that the respondent has filed

false status report with regard to misuse of the premises by

the appellant and the appellant is not liable to pay any

misuse / penalty charges.

At this stage, Ld. counsel for appellant submits that

appellant be directed to file objections to the said status

report and the appellant does not press the present

application for recalling of order dated 26.11.2018.

The appellant is always at liberty to file objections to

the status report as well as calculation of misuse / penalty

charges, if any, by the respondent as directed in the order

dated 26.11.2018.

The said liberty is granted to the appellant. The

application is dismissed as withdrawn.

Adjourned for date already fixed i.e. 02.07.2019.



a.no. 33/19 22.01.2019 ld. presiding officer is on half...

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