a.no. 385/17. present - municipal corporation of delhi
TRANSCRIPT
A.No. 385/17. 06.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Status report was filed on the previous date stating that the
permission has been accorded for erection of tower in the
property in question subject to the compliance of the
conditions mentioned in the letter dated 17.05.2007. One of
the condition to be complied by the appellant is to submit a
NOC from DPCC within 30 days from the date of issuance
of the letter. The appellant is directed to comply with the
same.
Be listed for further proceedings on 06.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 694/15. 06.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. Abhar Jain, Ld. Proxy counsel for North DMC.
Status report filed stating that the application for
regularization is pending, copy supplied.
Status report regarding the decision of the same be filed on
next date.
AE(B) to be present on the next date.
To come up for further proceedings on 09.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 557/14. 06.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for SDMC.
Ld. counsel for respondent states that copy of the
application for regularization has not been supplied till date,
same has been supplied today.
To come up for filing of status report and further
proceedings on 14.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 484/15. 06.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for SDMC.
Notice issued to IRP not received back, fresh notice be
issued to IRP through registered post and speed post for
27.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 546/19. 06.01.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Sh. Mohit Verma, Ld. counsel for respondents no.2 to 5.
Ld. counsels for respondents seek time to file reply to the
application moved by the appellant.
Be listed on 29.01.2020 for reply and arguments.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 442/18. 06.01.2020 Present : Sh. Ravi Kumar, Ld. counsel for appellant.
Sh. H.R. Aggarwal, Ld. counsel for North DMC.
Ld. counsel for respondent states that the appellant has not
supplied the affidavit in terms of order dated 19.07.2018.
However, Ld. counsel for appellant states that the same
was duly supplied. Another set has been supplied today.
To come up for filing of status report, record and for final
arguments on 15.04.2020.
Interim order, if any, to continue till next date
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 460/11. 06.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. H.R. Aggarwal, Ld. counsel for North DMC with Sh. Anil
Kumar, AE(B).
Ld. counsel for respondent seeks more time to file reply to
the objections.
To come up for filing of reply to the objections and final
arguments on 01.04.2020.
Interim order, if any, to continue till next date
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 472/18 and 473/18. 06.01.2020 Present : Ms. Bandana, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Status report filed stating that till date no application for
regularization has been received by the respondent, copy
supplied.
At request of Ld. Counsel for appellant, adjourned for final
arguments to 30.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 604/19. 06.01.2020 Present : Sh. Akbar Siddiqui, Ld. counsel for appellant.
Ms. Pratiksha Dobal, Ld. counsel for SDMC.
Status report filed stating that the regularization application
moved by the appellant has been rejected since the
appellant did not comply with the shortcomings
communicated to him, copy supplied.
Ld. counsel for appellant states that no IN was received by
the appellant.
The proof of service of IN has not been placed on record
neither EE(B) is present today despite being directed to do
so.
Show cause notice be issued to EE(B) to be present on the
next date with the record of service of notice of IN.
In case the EE(B) does not appear on the date fixed, the
concerned Dy. Commissioner to appear on the next date.
Be listed for further proceedings on 27.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
M.No. 29/19. 06.01.2020 Present : None.
Be listed for further proceedings on 04.05.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 702/19. 06.01.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with Sh.
G.S. Brijwasi, AE(B).
1. Vakalatnama filed on behalf of respondent.
Status report filed, copy supplied.
2. This is an appeal against the order of demolition
dated 21.11.2019.
3. Ld. counsel for appellant has pressed the application
for ad-interim stay on the ground that otherwise the appeal
will become infructuous.
4. The submissions made are that the appellant is the
owner of property in question bearing no.5697-A and 5697-
B, First Floor with roof rights, Ward No. XIII, Gandhi Market,
Sadar Bazar, Delhi shown red in the site plan having
purchased the same by virtue of a registered sale deed
dated 27.09.2017. It is further stated that appellant has not
raised any unauthorized construction and has only carried
out minor repairs. It is further stated that the construction in
the property in question exists since prior to 1970. It is also
stated that appellant has not violated any Building Bye Laws
or the provisions of DMC Act. It is further stated that neither
show cause notice was served on the appellant nor an
opportunity of hearing was afforded. It is also stated that no
inspection of spot was carried out prior to passing of the
impugned order.
5. On the other hand, Ld. counsel for respondent has
submitted that as the premises was found locked, service
was effected by pasting and appellant was duly served.
6. It is also submitted that appellant has carried out
unauthorized construction at first floor, second floor and on
30.09.2019 the roof of second floor was demolished. It is
also alleged that no Sanctioned Building Plan was obtained
by appellant before raising construction.
7. I have heard the Ld. counsel for parties and perused
the record, it is to be noted that there are no independent
witnesses to the pasting of notice. Thus, in view of the
submissions made by Ld. counsel for appellant that the
mandatory provisions of the Act and principles of natural
justice have not been complied with, as the show cause
notice was not duly served. The appellant has made out a
case for ad-interim stay. In the above said facts and
circumstances, the respondent is restrained from taking
demolition in the property in question bearing no. 5697-A
and 5697-B, First Floor with roof rights, Ward No. XIII,
Gandhi Market, Sadar Bazar, Delhi pursuant to the
impugned demolition 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.
8. 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.
9. 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.
10. 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.
11. Be listed for final arguments on 28.02.2020.
12. A copy of the order be given Dasti to counsel for
parties, as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 390/11 06.01.2020 Present : Sh. Rohit Goel, Ld. counsel for appellant.
File taken up on an application moved on behalf of the
appellant u/s 151 CPC.
Notice be issued to the respondent for 23.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 711/16 06.01.2020
Present : Ms. Laxmi Singh, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
1. Ld. counsel for appellant submits that
permission has been accorded for installation of
telecommunication tower in the property in question
bearing Khasra No.460-B/2, Plot No.111/112, Khasra
No636, Gali No.11, Bhola Nath Nagar, Shahdara,
Delhi, vide letter dated 04.12.2018, copy of the same
filed.
2. The present appeal has been filed against th
order of rejection dated 23.06.2016. Ld. counsel for
respondent states that permission has been
accorded for installation of telecommunication pole in
the property in question vide file No. EE(B)-
I/Shah(S)/2018/D-4035 dated 04.12.2018 for a period
of five years from the date of issue of permission
letter dated 04.12.2018 for a period of five years from
the date of issue of permission letter dated
04.12.2018. Ld. counsel for appellant submits that in
view of grant of sanction the impugned rejection
order be set aside as regularization has been
granted.
3. Heard, in view of permission / sanction
granted by respondent the impugned order of
rejection dated 23.06.2016 is set aside, subject to
compliance of the terms and condition of letter dated
04.12.2018.
4. The appellant is directed to abide by all the
terms and conditions of sanction letter, in case of
violation of any condition the respondent is at liberty
to take action as per law against the
telecommunication pole in question. The respondent
is at liberty to take action after the expiry of period of
five years w.e.f. 04.12.2018, in accordance with law.
5. The appeal stands disposed off.
6. The file of the department, if any, be returned
to the respondent alongwith copy of this order. File
be consigned to record room.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 910/18 06.01.2020 Present : None.
Be listed for clarification on 14.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
M.No. 13/19 06.01.2020 Statement of Sh. Ajay Bansal S/o Sh. Mange Ram Bansal R/o 1/10977,
Gali No.8, Subhash Park, Naveen Shahdara, Delhi110032.
On SA
I wish to withdraw application for restoration of appeal unconditionally.
RO & AC
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 836/18 06.01.2020 Statement of Sh. Ram Gaopal Yadav S/o Sh. Ram Charan Singh Yadav
R/o Plot No.33-34, Gali No.5, Sanik Enclave, Vikas Nagar, Uttam Nagar,
West Delhi-110059
On SA
I am the appellant in the present appeal, I may be permitted to withdraw
the appeal unconditionally.
RO & AC
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 836/18 06.01.2020 Present : Appellant with Ld. counsel Sh. M.K. Chaudhary.
Sh. Mohit Sharma, Ld. counsel for MCD.
Ld. counsel for appellant states that appellant wishes to
withdraw the appeal.
Statement of the appellant recorded.
In view of the statement of appellant, the appeal stands
dismissed as withdrawn. Resultantly the impugned order
dated 13.06.2017 stands confirmed. Respondent is at liberty
to take action in the property in question in accordance with
law. The file of the department, if any, be returned to the
respondent alongwith copy of this order.
File be consigned to record room.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
M.No. 13/19 06.01.2020 Present : Appellant with Ld. counsel Sh. Birendra Kumar.
Sh. Shashikant Sharma, counsel for EDMC.
Ld. counsel for appellant states that appellant wishes to
withdraw the application for restoration.
Statement of the appellant recorded.
In view of the statement of appellant, the application for
restoration stands dismissed as withdrawn. The file of the
department, if any, be returned to the respondent alongwith
copy of this order.
File be consigned to record room.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 1107/15 06.01.2020 Present : None for the appellant.
Sh. Mohit Sharma, Ld. counsel for SDMC.
As none has appeared for appellant, be listed for further
proceedings on 24.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 1058/17 06.01.2020 Present : Appellant in person.
Sh. Surender Singh, Ld. counsel for SDMC.
Appellant seeks adjournment as his counsel is ill.
To come up for final arguments on 19.05.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 253/18 and 162/18 06.01.2020 Present : Sh. S.D. Ansari, Ld. Counsel for the appellant.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
At request of Ld. counsel for appellant adjourned for filing
brief synopsis and final arguments to 16.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 813/18 06.01.2020 Present : Sh. Gulshan Babbar, Ld. proxy counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
.
Ld. counsel for respondent seeks more time to file the
record.
AE(B) to be present on next date.
To come up for arguments on 31.03.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 892/18 & 893/18 06.01.2020 Present : Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.
Sh. Sanjay Sharma, Ld. counsel for NDMC with Sh. Ashok
Kumar, Nodal Officer.
Reply filed on behalf of respondent to the application u/s 5
of the Limitation Act moved by the appellant, copy supplied.
To come up for arguments on the application on
17.02.2020.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 842/18 & 806/18 06.01.2020 Present : Ms. Mehar Nanda, Ld. proxy counsel for appellant.
Sh. V.K. Aggarwal Ld. Counsel for respondent / Sh. Rohit
Ghosh, Ld. proxy counsel for respondent.
Ld. counsel for respondent states that there are deviations
from the sanctioned building plan.
The appellant is directed to place on record the sanctioned
building plan and plan of existing constructions with
measurement.
Be listed for further proceedings on 29.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 397/16 06.01.2020 Present : Sh. Ankit Kumar, Ld. proxy counsel for appellant.
Ms. Akansha Dhami, Ld. counsel for SDMC.
At request of Ld. proxy counsel for appellant adjourned for
filing of brief synopsis and final arguments on 23.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 897/16 06.01.2020 Present : Ms. Laxmi Singh, Ld. counsel for appellant.
Sh. H.R. Aggarwal, Ld. Counsel for respondent.
Fresh vakalatnama filed on behalf of the respondent.
Status report filed stating that cell tower has not been
removed/dismantled, copy of the status report supplied.
Ld. counsel for respondent submits that vide order dated
26.09.2018 appellant was directed to dismantle the tower in
question failing which it had to pay cost of Rs.10,000/-.
Appellant is directed to file the receipt of cost within a week,
in the registry.
Ld. Counsel for appellant states that due to dispute between
the appellant and his landlord the tower in question could
not be dismantled, but the matter has now been sorted out
with his landlord. Ld. Counsel for the appellant seek further
three weeks time to dismantle the same. Appellant is
directed to dismantle the same within three weeks. In case it
is not done, appellant will be liable to pay further cost of
Rs. 20,000/-.
Be listed for further proceedings on 31.03.2020.
A copy of the order be given dasti to ld. counsel for parties,
as prayed for.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 827/18. 06.01.2020 Present : Appellant in person.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
The case taken up today as 03.01.2020 was a holiday.
At request of appellant, adjourned for final arguments to
24.03.2020 as counsel of appellant is unwell.
Interim orders, if any, to continue till next date of hearing
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 1072/15. 06.01.2020 Present : Shri Manish Kumar Choudhary, Ld. Counsel for appellant
Shri Vihay Shukla, Ld. prox6y counsel for the respondent.
The case taken up today as 03.01.2020 was a holiday.
At request of Ld. Proxy counsel for respondent adjourned
for final arguments to 20.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 911/18 06.01.2020 Present : None for appellant.
Shri Abhar Jain, Ld. counsel for the respondent.
The case taken up today as 03.01.2020 was a holiday.
Be listed for further proceedings on 27.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 240/14 and 365/15. 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
The case is taken up today as 03.01.2020 was holiday.
To come up for filing of status report on 31.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A. No. 916/14 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
The case taken up today as 03.01.2020 was a holiday.
Ld. Counsel for the appellant seeks more time to file
application for reopening of the regularization file
To come up for final arguments on 03.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 161/16. 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
The case taken up today as 03.01.2020 was a holiday.
Status report filed stating that an application for reopening
of the regularization has been moved, pursuant to which IN
has been issued to the appellant dated 03.01.2020.
Appellant is directed to comply the IN within the time
granted to do so by respondent.
To come up for filing of status report regarding the
regularization application on 03.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 153/18. 06.01.2020 Present : None for appellant.
Shri Ashutosh Gupta, Ld. Counsel for the respondent.
The case taken up today as 03.01.2020 was a holiday.
Be listed for final arguments to 20.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 811/17 and 828/17. 06.01.2020 Present : Shri Parikshit Mahipal, Ld. Counsel for the appellant.
Shri Mohit Sharma, Ld. Counsel for the appellant.
The case taken up today as 03.01.2020 was a holiday.
At request of Ld. Counsel for the appellant, adjourned for
withdrawal of the appeal on 30.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 379/19. 06.01.2020 Present : Appellant with counsel Shri Praveen Grover.
Sh. V.K. Aggarwal, Ld. proxy Counsel for respondent.
Written submissions filed on behalf of appellant, copy
supplied.
To come up for final arguments to 10.02.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 42/13. 06.01.2020 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
File not yet received from Appellate Court.
Be awaited for 05.05.2020.
(POONAM CHAUDHRY)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
06.01.2020
A.No. 874/14. 06.01.2020 Present : None for appellant.
Sh. H.R. Aggarwal, Ld. Counsel for respondent.
Ld. counsel for the respondent states that construction
mentioned in the affidavit of appellant does not tally with the
construction at site and no explanation/clarification
regarding same has been filed.
To come up for further proceedings on 29.01.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 218/19. 06.01.2020 Present : Shri Amzad Khan, Ld. Counsel for the appellant.
Ms. Nagina Jain, Ld. counsel for the respondent.
At request of Ld. Counsel for the appellant, adjourned for
final arguments to 04.05.2020 as main counsel is busy in
some other court.
Interim orders, if any, to continue till next date of hearing
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 810/17. 06.01.2020 Present : None for appellant.
Shri A.L. Agnihotri, Ld. counsel for the respondent.
None has appeared on behalf of the appellant, It is 11.45
AM.
Be listed for further proceedings/final arguments to
28.04.2020.
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020
A.No. 528/16 and 529/16. 06.01.2020 Present : Shri S.D. Ansari, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal,/Sh. Shashikant Sharma, Ld. Counsels
for respondent.
Ld. Counsel for the appellant seeks more time to file brief
synopsis.
At request, adjourned for final arguments to 23.04.2020.
Interim orders, if any, to continue till next date of hearing
(POONAM CHAUDHRY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 06.01.2020