a.no. 305/12, 376/12, 418/15, 375/12, 265/13, 373/14 and...

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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

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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