a.no. 305/12, 376/12, 418/15, 375/12, 265/13, 373/14 and...
TRANSCRIPT
A.No. 305/12, 376/12, 418/15, 375/12, 265/13, 373/14 and 372/14 16.04.2019
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. V.K. Aggarwal / Sh. Dharamvir Gupta / Sh.
Surender Singh / Sh. A.L. Agnihotri, counsel
for MCD.
Ld. counsel for appellant submitted that LPA No.
572/2011 is listed for 02.05.2019.
Put up this matter for awaiting order / further
proceedings on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 407/17 16.04.2019
Present : Sh.Gaurav Jain counsel for appellant .
Sh. R.K. Jain counsel for respondent.
Sh. Ajay Chander JE(B) EDMC.
The status report has already been filed staing
that in compliance of orders dated 06.03.2019, the
tower was desealed in the presence of the
owner/occupier . The tower was not dismantled as
the property was again resealed on 08.04.2019.. The
counsel for appellant states that a letter was written
for desealing . However, counsel for appellant seeks
some more time for dismantling the tower .
Accordingly, it is ordered to deseal the property be
desealed for the above purpose on 23.04.2019 at
11.00 AM till 15.05.2019.
Put up the case after filing the status report on
15.07.2019.
Copy of order be given Dasti to both parties
for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 234/16. 16.04.2019
Present : Sh.Gaurav Jain counsel for appellant .
Sh. R.K. Jain counsel for respondent.
Sh. Ajay Chander JE(B) EDMC.
Put up with the connected appeal No. 407/17
on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
M in .No.875/15. 16.04.2019
Present : Sh.Gaurav Jain counsel for appellant .
Sh. V.K. Aggarwal counsel for respondent.
The status report has been filed on
14.03.2019 stating that the tower has been dismantled by
the applicant.
The file be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 209/14. 16.04.2019
Present : Sh. M.S. Bansal counsel for appellant .
Sh. Dharamvir Gupta counsel for respondent .
Put up the matter for awaiting file on
24.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 427427/16,428/16 and 429/16. 16.04.2019
Present : Sh. M.S. Khan proxy counsel for appellant .
Ms. Renu Soni Nodal Officer for SDMC.
Adjournment sought to file the written
arguments/submissions by both the parties on
26.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 233/19 16.04.2019
Present : Sh. Satyender Chahar, counsel for appellant.
Fresh appeal u/s 343(2) of DMC Act has been filed
against the demolition order.
Adjournment sought to file the order dated
27.05.2017.
At request, notice of the appeal and application be
issued to the respondent through concerned Chief Law
Officer. AE(B) is directed to appear in person and file entire
record of the proceedings, reply and status report of the
appeal on the date fixed.
Put up this matter on 23.04.2019.
Notice be given Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 239/19 16.04.2019
Present : Sh. Sunil Jacob, counsel for appellant.
Fresh appeal has been filed u/s 345-A of DMC Act
against the sealing show cause notice.
Heard.
At this stage, Ld. counsel for appellant does not
press for ex-parte stay.
Let the notice of the appeal and interim stay
application be issued to the respondent through concerned
Chief Law Officer. AE(B) is directed to appear in person
and file entire record of the proceedings, reply and status
report of the appeal on the date fixed.
Put up this matter on 17.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 238/19 16.04.2019
Present : Sh. Sunil Jacob, counsel for appellant.
Fresh appeal has been filed u/s 343(2) of DMC Act
against the demolition order dated 02.04.2019 wherein
property has been booked on account of deviations / excess
coverage against completion certificate dated 14.08.2013 at
basement, ground floor, third floor and one room at third
floor terrace.
Reply was filed by the appellant which was not found
satisfactory and accordingly demolition order was passed
on 02.04.2019.
It is stated by counsel for appellant that after the
completion certification was issued, no deviations / excess
coverage has been carried out except two toilets and one
pakka room in the basement.
Appellant is ready to rectify the said construction in
the basement and to bring the same within the parameters
of sanctioned plan.
It is further submitted that reply filed by the appellant
has not been considered and a cryptic order has been
passed.
It is therefore prayed that ex-parte stay be granted to
protect the property.
It is stated that after rectification of the basement, if
there are any other deviations / excess coverage on specific
mentioning / identification of the same by the respondent,
the appellant will make an application for regularization of
the said compoundable construction and will remove the
non-compoundable deviations, if any from the premises.
In view of these submissions made on behalf of the
appellant, notice of the appeal and application be issued to
the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person and file entire record
of the proceedings, reply and status report of the appeal on
the date fixed.
A.No. 238/19 - 2 -
In the meantime, respondent is restrained from taking
any coercive action in the property of the appellant bearing
no. H-15, Green Park Extn. New Delhi in pursuance of
impugned order challenged herein 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 be deemed to be vacated.
Copy of affidavit will be provided to concerned AE(B)
by the appellant, who shall verify whether details of
construction mentioned in the affidavit are 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 on 17.05.2019.
Copy of order be given Dasti for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 95/12 16.04.2019
Present : Sh. Sanjeev, proxy counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report in compliance of order dated
19.01.2018 not filed.
Concerned AE(B) is directed to appear in person
alongwith status report / action taken report on 06.06.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 577/14 16.04.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
None for Monitoring Committee.
Report of Monitoring Committee bearing no. 71 and
74 are placed on record by counsel for appellant because
the Monitoring Committee has not complied the said
directions and no one is appearing on behalf of the
Monitoring Committee.
Put up this matter for consideration / final arguments
on 28.05.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 567/18 16.04.2019
Present : Sh. V.K. Bajaj, counsel for appellant.
Sh. H.R. Aggarwal, counsel for MCD.
Status report was filed on previous date stating that
building is having projection on public land of about 24 ft.
length and 2.5 ft. wide at front side. Similarly there is a
projection of about 16.5 ft. length & 2.5 ft. wide on left hand
side on public land.
Status report does not seem to be complete status
report in compliance of directions.
Appellant is directed to file clear-cut affidavit
considering the status report was filed with the direction to
supply advance copy to the AE(B) concerned within two
weeks, thereafter, AE(B) will verify the extent of construction
in the property and tally the same with the affidavit to be
filed.
Put up this matter for filing of status report by the
respondent and final arguments on 24.07.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 814/14 16.04.2019
Present : Sh. Vikas, proxy counsel for appellant.
Sh. R.K. Singh, counsel for MCD.
Application for adjournment is moved by counsel for
appellant as she is suffering from Pancreatitis since
13.04.2019.
Put up this matter for compliance of previous order /
final arguments on 05.08.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 639/13 & 417/13 16.04.2019
Present : None for appellant.
Ms. Manjusha Jha / Sh. V.K. Aggarwal,
counsel for MCD.
Status report was filed on previous date stating that
fresh regularization application was examined and IN was
issued on 14.02.2019.
Adjournment sought to file status report regarding
disposal of regularization application.
Put up this matter for filing status report by the
respondent and arguments on 07.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 301/18 & 302/18 16.04.2019
Present : Ms. Divya Upadhyay, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Reply to the application under Order VI Rule 17 r/w
section 151 CPC filed by the respondent.
An application u/s 151 CPC moved by the appellant.
Put up this matter for filing reply and arguments on
pending applications on 16.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 118/16, 119/16, 111/16, 112/16, 114/16, 117/16, 120/16, 121/16,
122/16, 110/16, 115/16, 116/16, 377/16, 378/16, 379/16, 347/16 to
359/16, 1192/15, 1193/15, 1194/15, 1199/15, 417/16, 520/16,
522/16, 540/16 to 548/16, 551/16, 564/16, 566/16, 567/16, 53/16,
322/16, 323/16, 324/16, 325/16, 523/16, 521/16, 524/16, 360/16,
516/16, 552/16, 553/16, 562/16, 565/16, 113/16, 519/16, 515/16,
113/17, 366/16, 367/16, 368/16, 369/16, 370/16, 507/16, 510/16,
571/16 & 563/16
16.04.2019
Present : Kumari Supriya / Sh. Sumit Kumar / Sh.
Vikram Patrakh / Sh. Utkarsh Mishra, proxy
counsel for Sh. Ishaan Madan, counsel for
appellant.
Sh. Aakar Bhardwaj / Sh. Mukesh Sharma /
Ms. Manjusha Jha / Sh. Mohit Sharma / Sh.
Sandeep Gupta / Sh. Subodh Kumar / Sh.
V.K. Aggarwal / Sh. H.R. Aggarwal / Sh.
Madan Sagar / Sh. Neeraj, proxy counsel for
Sh. Sandeep Kaushik / Sh. Shashikant
Sharma / Ms. Mamta / Sh. R.K. Singh, counsel
for MCD alongwith Sh. Raj Bhushan, JLO from
EDMC and Sh. P.C. Meena, Engineer-in-
Chief, EDMC.
Sh. Anupam Sharma, counsel for DDA
alongwith Sh. Surajit Jaradhara, Director
(Building) DDA, Ms. Neeru Sharma, Nodal
Officer and Sh. Sandeep Kushwaha, JE
(Building) DDA.
Sh. Surajit Jaradhara, Director (Building) DDA is
ready to file affidavit in pursuance of order dated
25.02.2019.
Ld. counsel for MCD pointed out that they have
documentary proof of sending the concerned file to DDA in
pursuance of letter dated 28.02.2005 and file was handed
over to DDA on 28.03.2005.
- 2 -
Director (Building) DDA seeks one more opportunity
to trace the file / requisite documents in view of the
submissions made today on behalf of MCD.
Ld. counsel for DDA submitted that entire record has
been checked by the concerned authority and DDA is not in
possession of concerned file / documents as is claimed by
the EE(B), North DMC.
DDA is directed to place on record the affidavit in that
regard.
The matter is adjourned for 2.00 pm.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
01.00 pm
At this stage, Director (Building) DDA submitted that
in view of the information supplied by counsel for MCD
regarding receiving of the said file on 28.03.2005 one more
opportunity be given to trace the relevant record / copy of
sanctioned plan.
In view of these submissions, one more opportunity
is given to DDA to comply the previous order in that regard
or file affidavit as directed on 25.02.2019.
Put up this matter for filing status report in that regard
by the DDA in compliance of order dated 25.02.2019 by all
the parties on 03.06.2019.
Copy of order be given Dasti to all parties for
compliance.
Original order be placed in appeal no. 349/16 and
attested copies of the order be placed in remaining appeals
mentioned above.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 84/19 16.04.2019
Present : Sh. Sushil Kumar, Director M/s Rahul
Collection Pvt. Ltd., appellant.
Director of the appellant company has withdrawn the
appeal unconditionally. His statement has been recorded in
this regard separately.
In view of the statement of Director of the appellant
company, the present appeal is dismissed as withdrawn.
MCD is at liberty to take action as per law in respect of the
property in question.
Appeal file be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 650/18 & 19/19 16.04.2019
Present : Sh. Mohd. Asif counsel for appellant in appeal
No.650/18.
Sh. Ajay Kumar, proxy counsel for Sh.Ankur
Goel, counsel for appellant in appeal
No.19/19.
Status report filed in appeal No.19/19.
Interim application in appeal No.650/18 is already
rejected. Further documents not filed. Property is already
lying sealed.
Put up for final arguments on 12.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 38/19 & 39/19 16.04.2019
Present : Sh. Nitender Sharma, counsel for appellant.
Sh. Absar Ahmad, counsel for respondent.
Adjournment sought.
Put up for arguments on the application seeking
condonation of delay on 29.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 979/17, 980/17, 1051/17 & 1052/17 16.04.2019
Present : Sh. M.S. Khan, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
None for the applicant.
Adjournment sought.
Put up for final arguments on 23.07.2019. Interim
stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 144/19 16.04.2019
Present : Sh. M.S. Khan, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Status report filed stating that a complaint was filed
before the Monitoring Committee for taking action against
the unauthorized construction regarding approximately 500
properties and the property in question is one of the
properties which was already booked for unauthorized
construction. The property was found occupied, accordingly
vacation notices were issued u/s 349 of the DMC Act
against all such 500 properties including the present
property. However, due to inadvertence, instead of
demolition order, the sealing order was typed in the vacation
notice dated 10.01.2019.
It is clarified that as per record no sealing action has
been initiated u/s 345A of the DMC Act in respect of the
property No.5215, 5215A & 5216, Sarai Hafiz Banna,
Gandhi Market, Sadar Bazar, Delhi-06.
In view of the status report supplied to the counsel for
appellant, the appeal against the sealing action, if any is not
maintainable because there is no sealing action initiated as
yet. In case any sealing action will be initiated, the
appellant will be at liberty to seek his remedy as per law.
The appeal is accordingly dismissed being not
maintainable.
File be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No.143/19 16.04.2019
Present : Sh. G.R. Verma, counsel for appellant.
Ms. Satakshi Verma, counsel for respondent in
appeal No.143/19 alongwith Sh. Faizan Reja,
JE(B).
Status report was filed. Original record produced in
appeal No.143/19.
As per FIR dated 26.10.2018 the property bearing
H.No.714, Gali No.19A, Bhajanpura, has been booked for
unauthorized construction in the shape of ground floor and
raising of wall at first floor. Show cause notice was issued on
26.10.2018. Nothing is mentioned by what mode the same
was served upon the appellant / owner of the premises.
Demolition order was passed on 14.11.2018.
On 30.01.2019 demolition / sealing program was fixed
wherein first floor roof and wall at the back side of plot was
demolished. As lot of public hindrance was created by the
owner’s family and nearby people, the demolition action was
stopped for some time. Since the property was not vacated by
the owner / occupier despite vacation notice dated 26.12.2018,
SHO concerned was informed.
On 22.02.2019, further demolition / sealing program
was fixed with the help of police station Bhajanpura. The
property was found locked at main entrance and some
persons locked themselves inside the property, the sealing
action could not be taken.
Again on 27.02.2019 action could not be taken due to
non availability of the police force.
It is find mentioned that the reference of this property is
found pending with the Monitoring Committee and action was
to be taken urgently.
On 01.03.2019 again demolition / sealing program was
fixed but action could not be taken due to non co-operation of
the police officials.
A.No.143/19 -2-
I have heard ld. counsel for appellant with regard to
interim stay application.
At the very outset, it is stated that the property lies in
unauthorized regularized colony, however, on perusal of page-
7 of the appeal, the property is stated to be situated in
unauthorized colony.
It is further submitted that the appellant has already
applied for regularization. In case the property is situated in
unauthorized colony, the regularization of the same cannot be
considered.
It is the stand of the appellant in the appeal that
property in question is in existence since 2004 and is protected
under Delhi Laws (Special Provisions) Act.
JE(B) present in the court orally submits that the
property falls in unauthorized regularized colony but nothing is
mentioned in the status report in that regard.
Counsel for appellant has relied upon the documents
mainly GPA placed at page 62 of the paoperbook dated
25.06.2003 and GPA dated 20.07.2004. In the GPA dated
20.07.2004 the property has been mentioned as built up
ground floor, first floor, with mumty on second floor on property
No.D-714 (old No.D-350), area measuring 39 sq.yds. (out of
total 125 sq.yds.) out of Khasra No.561, situated at Village
Ghonda Gujran, Khadar, in abadi of Gali No.19, Bhajanpura,
Illaqa Shahdara, Delhi-53.
Appellant has also relied upon the house tax receipt
dated 15.02.2019, Electricity Bill placed at page 84 having
enerzisation dated 18.06.2011 in the name of Pradeep
Sharma with Billing Address Kailash Sharma D-714, Old D-
350 Street No.19, Kh. No.551, Bhajanpura, MTNL telephone
Bill dated 08.07.2004 in the name of Kailash Chandra Sharma
father of the appellant property No.D-350 Gali No.19.
In the photograph placed at page No.87, the first floor is
completely shown but the mumty at second floor is not legible.
A.No. 143/19 -3-
As per affidavit placed at page 64 of the appeal wherein
ground floor, first floor and mumty at second floor i.e. at the
roof of the first floor has been shown. The built up area at roof
of the first floor is mumty measuring 6’x12’3” with other area
measuring 14’6”+14’7”X27’6”+29’.
It is stated that regularization application is pending
consideration which fact is confirmed by the JE(B) concerned.
No proof of sending of the show cause notice is placed on
record. JE(B) seeks adjournment to place on record speed
post receipt alongwith track record.
Put up for filing those documents and status report
regarding decision taken on regularization application of the
appellant on 09.07.2019.
In the meantime, respondent is restrained from taking
any coercive action in the property of the appellant bearing no.
D-714, Gali No.19, Bhajanpura, Delhi in pursuance of
demolition order dated 14.11.2018 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.
Copy of the order be given Dasti to counsel for
appellant, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 645/17 16.04.2019
Present : Sh. D.S. Khatri, counsel for appellant.
File taken up today as an application for waiver of
cost imposed vide order dated 01.11.2018 has been moved.
After some discussion, ld. counsel for appellant
withdrew the said application. His statement has been
recorded in this regard separately.
In view of the above, the present application is
dismissed as withdrawn.
Put up on date already fixed i.e. 19.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 1064/17 16.04.2019
Present : Sh. S.L. Sharma, counsel for appellant.
File taken up today as an application has been
moved for desealing of the property in question.
Notice of the application be issued to the respondent
for date already fixed i.e. for 29.05.2019. Notice be issued
dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 1177/13 16.04.2019
Present : Sh. Shekhar Nanawati, counsel for appellant.
File taken up today as an application for early
hearing has been moved.
Earlier the application was moved for withdrawal of
the appeal.
Let notice of the application be issued to the
respondent for 30.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 433/18, 435/18 & 436/18 16.04.2019
Present : Sh. K.B. Gupta and Sh. Karan Jain counsel for
appellant.
Sh. Ashutosh Gupta, counsel for MCD / Sh.
Dharamvir Gupta, counsel for MCD alongwith
Sh. J.P. Verma, EE(B)/CSPZ.
Sh. Piyush Jain, counsel for DDA alongwith
Sh. Sanjeev Kumar Arya, CE(EZ) DDA and
Sh. Rakesh Kumar Asstt. Director (OSB) DDA.
Sh. Y.K. Sharma, SE, FC-I/I&FC.
Chief Engineer (EZ) DDA states that in response to
the query of this Tribunal, the ATR submitted before the
NGT in Manoj Mishra’s case and copy of the same will be
produced before this Tribunal before next date of hearing.
Superintending Engineer Irrigation and Flood Control,
GNCTD, Sh. Y.K. Sharma is present and states that he is
not in a position after examining the map to clearly states
that the land in question where the hospital has been
constructed falls in flood plane area of not because his
department is not the competent authority to decide the
flood plane of the river Yamuna.
Chief Engineer (EZ) DDA submitted that it is the
responsibility of the Flood Control Department to identify the
flood plane and for that purpose they have hired IIT and got
the map prepared through GSDL (Geo Special Data Ltd.). It
is the responsibility of the Flood Control Department as well
as DDA to clarify whether the site in question falls in flood
plane or beyond the flood plane.
Both the officers are not coming forward to assist the
Tribunal in that regard.
Asstt. Director (OSB) DDA is present and states that
on the basis of the status report submitted in this Tribunal
dated 12.04.2019, a further status report will be filed clearly
mentioning that in view of the status report filed and in view
of the opinion of the Ld. ASG and the discussion made in
433/18, 435/18 & 436/18 -2-
the meeting held on 04.04.2019 under the chairmanship of
Vice Chairman DDA, the letter dated 16.04.2018 and the
show cause notice dated 16.04.2018 of DDA are deemed to
be withdrawn or the DDA standby the said notice and the
said letter considering the same to be valid and need to be
considered by this Tribunal.
Put up for filing said status report and ATR submitted
before the NGT in Manoj Mishra’s case.
Superintending Engineer, Irrigation and Flood Control
Department is also directed to place on record the copy of
the ATR submitted in Manoj Mishra’s case forwarded by
Irrigation Department to DDA on 20.03.2015 (which is being
relied upon by the DDA) as stated by the Superintending
Engineer, Irrigation and Flood Control Department. Copy of
the opinion of the Ld. ASG alongwith copy of the minutes of
the meeting under the Chairmanship of Vice Chairman DDA
be also submitted.
Principal Commissioner, Co-ordination as well as
Commissioner (LD) DDA are directed to submit the above
information before this Tribunal on or before 24.04.2019.
Both the officers Sh. Y.K. Sharma, SE-I, I&FC and
Sh. Sanjeev Arya, Chief Engineer (EZ) DDA are requested
to remain present to assist this Tribunal on next date of
hearing.
Further arguments from the counsel for appellant and
counsel for respondent heard.
An application is moved by North DMC supported by
an affidavit of Sh. J.P. Sharma, EE(B), City SP Zone, North
DMC in terms of the directions dated 19.02.2019 of the
Hon’ble Monitoring Committee for bringing in the knowledge
of the ATMCD the order dated 28.01.2019 of the Hon’ble
Supreme Court of India. Copy of the same be supplied to
the counsel for appellant.
433/18, 435/18 & 436/18 -3-
Commissioner, North DMC is directed to file the
status report clarifying whether the present appeals in his
opinion, are the matters relating to the Monitoring
Committee so as to attract the order dated 28.01.2019
which is ordered to be brought into the knowledge of this
Tribunal by the Hon’ble Monitoring Committee.
Chief Law Officer North DMC is directed to remain
present for clarification in that regard on next date of
hearing.
Copy of this order be given dasti to all the officers for
information and compliance.
Put up for clarification mentioned above / orders on
24.04.2019 at 2.00 p.m.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 1106/16 16.04.2019
Present : None for the appellant.
Sh. Madan Sagar, counsel for respondent.
Some clarification from the appellant is required
before deciding the appeal.
No one is present for the appellant.
Court notice be issued to the appellant as well as to
his counsel for clarification on 13.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 211/19 16.04.2019
Present : Sh. G.R. Verma, counsel for appellant.
Sh. Abhar Jain, counsel for respondent
alongwith Sh. Faizan Reja, JE(B).
Vakalatnama on behalf of respondent filed.
Status report not filed. Record produced in appeal
No.143/19.
Put up for filing of the status report and arguments
alongwith connected appeal bearing No.143/19 on
09.07.2019.
AE(B) concerned to remain present on date fixed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 645/17 Statement of Sh. D.S. Khatri, counsel for appellant Enrl. No.D-427/85 Chamber No.49, Civil Wing Tis Hazari Courts, Delhi ON SA
I have instructions to withdraw the application moved on behalf of
the appellant for waiving of cost. This application may be dismissed as
withdrawn.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019
A.No. 84/19 Statement of Sh. Sushil Kumar, Director M/s Rahul Collection Pvt. Ltd.,
S/o Sh. Late Ram Saran Dass, R/o 25/157, Vikram Vihar, Lajpat Nagar-IV
ON SA
Present appeal has been filed by me being a Director of M/s Rahul
Collection Pvt. Ltd. I want to withdraw appeal unconditionally. The same
may be dismissed as withdrawn. I am placing on record copy of the
Adhar Card as my identity proof.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.04.2019