a.no. 516/18. 27.01.2020 present : none for appellant. be...

A.No. 516/18. 27.01.2020 Present : None for appellant.

Sh. Sanjay Sethi, Ld. counsel for North DMC.

Be awaited.

(POONAM CHAUDHRY) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 27.01.2020

A.No. 300/17. 27.01.2020 Present : None for appellant.

Applicant in person.

Sh. H.R. Aggarwal, Ld. counsel for North DMC.

Be awaited.



A.No. 806/19. 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.

Sh. Aishoni Narain / Sh. Siddhant Gupta / Ms. Anubha

Kaushal / Sh. K.K. Arora / Sh. Madan Sagar and Sh. Tarun

Sabharwal, Ld. counsels for SDMC with AE(B) Sh. Athar

Mustafa.

Vakalatnama filed on behalf of Ms. Anubha Kaushal and Sh.

Tarun Sabharwal, Ld. counsels for respondents.

Status report filed stating that the property in question i.e.

shop no. 15, C-4E, Market Janakpuri, New Delhi stands

booked for unauthorized construction in the shape of

deviation beyond DDA Standard Plan at ground floor and

first floor as per the directions of Monitoring Committee.

This is an appeal against the order of demolition dated

07.12.2019.

Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

The submissions made are that the appellant is the owner

of property in question i.e. shop no. 15, C-4E, Market

Janakpuri, New Delhi which is situated in the Local

Shopping Complex constructed by DDA upto ground floor

and conveyance deed was executed by DDA in favour of

Sh. Dev Raj Girdhar from whom the appellant purchased

the same vide agreement to sell dated 09.02.2000. It is

further stated that the construction on the first floor of the

shop in question was done in the year 2004. It is further

stated that in the impugned order, it has been stated that JE

(B) inspected the property in question and found that the

construction was very old and as per local enquiry it was

constructed in the year 2004. It is further stated that the

construction in the property in question is protected under

NCT of Delhi Laws (Special Provisions) Act, 2011 amended

and extended till 31.12.2000 which provides that no action

for removal or demolition of unauthorized construction which

came up before 08.02.2007 can be taken by either DDA /

MCD or any court till 31.12.2020.

I have heard the Ld. counsel for appellant and perused the

record.

Appellant has placed on record a copy of agreement to sell

executed in his favour. The appellant has also placed on

record copy of property tax returns w.e.f. 2006-2007 in

respect of ground floor and first floor.

In view of the facts and circumstances of the case as no

order of the Monitoring Committee has been placed on

record by the respondent and it has mentioned in the

impugned order that on inspection of site by JE(B) it was

found that property is very old construction and on local

enquiry, it was revealed that it was constructed in the year

2004, Thus, in my view appellant has made out a case for

ad-interim stay, respondent is restrained from taking

demolition action in the property in question shop No.15,

C4E Market, DDA Shopping Complex, Janakpuri, New

Delhi-58 pursuant to 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.

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.

Be listed for filing of status report, record by the respondent

on 03.04.2020.

A copy of the order be given Dasti to Ld. counsels for

parties, as prayed for.



A.No. 810/19, 808/19 and 813/19 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.




Mustafa.

Status report filed in appeal No.810/19.

Ld. counsel for respondent seeks time to file status report in

appeal No.808/19 and 813/19.

Ld. counsel for appellant seeks time to file documents to

show that the construction existed in the property in

question prior to the cut of date of 08.02.2007.

Be listed for arguments on 07.02.2020.



A.No. 807/19, 809/19, 811/19 and 812/19 27.01.2020 Present : Sh. O.P. Gupta, Ld. counsel for appellant.




Mustafa.

Status report filed, copy supplied.

Ld. counsel for appellant seeks time to file documents to

show that the construction existed in the property in

question prior to the cut of date of 08.02.2007.

Be listed for further proceedings on 07.02.2020.



A.No. 01/19 and 02/19. 27.01.2020 Present : Sh. Manish Kumar, AR of the appellant with Ld. counsel,

Sh. Gaurav Jain.

Sh. Sanjay Sharma, Ld. counsel for New Delhi Municipal

Council with Sh. Ashok Kumar, Nodal Officer.

At request of Ld. counsel for appellant, adjourned for

moving an appropriate application before the Monitoring

Committee to 13.04.2020.



A.No. 690/19. 27.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for North DMC.

Ld. counsel for respondent seeks time to file status report

and record.

Ld. counsel for appellant states that application has been

moved for regularization, status report of the same be also

filed on the next date.

To come up for arguments on 24.03.2020.



A.No. 386/19. 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. counsel for EDMC with Sh. S.K.

Jain, AE(B).

Sh. N. D. Patel, Ld. counsel for applicant.

At request of Ld. counsel for appellant, adjourned for reply

and arguments on the application under Order 1 Rule 10

CPC to 01.04.2020.

Interim order, if any, to continue till next date



A.No. 332/18. 27.01.2020 Present : Sh. Sunil Kumar Mehra, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for SDMC.

Sh. Irfan Reyaz, Ld. counsel for respondents no.2 and 3.

Ld. counsel for appellant seeks three weeks time to file

documents with advance copy to the opposite side.

To come up for final arguments on 15.05.2020.



A.No. 675/19. 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh.

S.K. Jain, AE(B).

Record be deposited in the Registry.


AE(B) to be present on the date fixed.



A.No. 637/17. 27.01.2020 Present : Sh. Gaurav Nigam, Ld. Proxy counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for North DMC.

Sh. Rajesh Pandey, Ld. counsel for applicant.

At request of proxy counsel for appellant, adjourned for final

arguments to 04.05.2020 as the main counsel is not

available since his wife has met with an accident.




A.No. 50/18. 27.01.2020 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

Sh. H.R. Aggarwal,Ld. counsel for North DMC.

Vakalatnama filed on behalf of respondent

Ld. counsel for respondent seeks more time to file status

report regarding verification of affidavit of appellant qua the

existing construction.

Show cause notice be issued to AE(B) as he is absent

despite being directed to be present today.





A.No. 149/15. 27.01.2020 Present : Appellant with Ld. counsel, Sh. Amit Bhatia.

Sh. Sanjay Sethi, Ld. counsel for North DMC with Sh.

Rakesh Brijwasi, AE(B).

Status report filed stating that non-compoundable deviations

measuring 19.07 sq.mtrs. existed at ground floor of the

property in question which is required to be demolished.

Copy supplied.

Ld. counsel for appellant seeks three weeks time to

demolish the same.

Respondent to further file the status report regarding the

same.





A.No. 559/19. 27.01.2020 Present : Sh. Rohit Oberoi, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.


An application moved on behalf of appellant u/s. 151 CPC.

To come up for reply and arguments on the application on

24.03.2020.

Interim order, if any, to continue till next date.



A.No. 604/19. 27.01.2020 Present : Sh. Akbar Siddiqui, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for SDMC.

Status report filed stating that the shortcomings in respect of

regularization was sent to the applicant / appellant through

speed post, copy of the dispatch register has also been filed

alongwith tracking report of the service. Copy supplied.

Ld. counsel for appellant seeks time to file objections.

Be listed for arguments on 01.04.2020.



A.No. 712/19. 27.01.2020 Present : Sh. Manish Sharma, Ld. Proxy counsel for appellant.

Sh. Sagar Dhama, Ld. counsel for EDMC.

Vakalatnama filed on behalf of respondent.

Certified copy of the impugned order has been filed.


At request of proxy counsel for appellant, adjourned for

arguments to 08.04.2020.



A.No. 329/18 and 330/18. 27.01.2020 Present : Appellants no.1 and 3 in person.

Sh. V.K. Aggarwal, Ld. proxy counsel for SDMC with Sh.

Lalit Gupta, AE(B).

Respondent no.2 with Ld. counsel, Sh. Madhukar Bansiwal.

Status report filed stating that as per record, the corrected

regularization has not been submitted by the applicants. It

is further stated that on inspection of the site, it has been

found that owner has carried out deviations and excess

coverage against the regularization plan submitted with

regularization application, therefore regularization plan

cannot be released.

Appellants no. 1 and 3 state that the regularization plan has

been handed over by them to respondent no.2.

At request of appellants no.1 and 3 and respondent no.2,

adjourned for filing reply to status report arguments to

07.04.2020.




A.No. 205/13. 27.01.2020 Present : Sh. Madhukar Bansiwal, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. proxy counsel for SDMC with Sh.

Lalit Gupta, AE(B).

Respondent no.2 and 3 in person.

Status report filed in connected appeal


Be listed on 07.04.2020.



A.No. 688/19. 27.01.2020 Present : Sh. Kailash Sharma, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for North DMC.


Status report has been filed stating that the property in

question was sealed pursuant to the directions of Hon’ble

Supreme Court in Writ Petition in M.C. Mehta Vs UOI,

(2004) 6 SCC 588. It is further stated that as per record

provided by DSIIDC, alternative industrial plot has been

allotted against the property in question and during

inspection an industrial unit was found running in the

premises in violation of the orders of Hon’ble Supreme

Court. It is further stated that as per the directions of

Hon’ble Supreme Court reported in M.C. Mehta Vs. UOI

none of the 21960 industrial units should be allowed to be

reopened without the permission of Hon’ble Supreme Court.

Copy supplied.

Adjourned for arguments on the maintainability of the

appeal to 13.04.2020.



A.No. 501/13 27.01.2020 Present : Sh. Sumit Rana, Ld. counsel for appellant.

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

At request of Ld. counsel for appellant adjourned for filing

brief synopsis and final arguments to 18.03.2020.



A.No. 754/18 and 755/16 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. V.K. Aggarwal / Sh. Dharamvir Gupta, Ld. counsel for

MCD.

At request of Ld. counsel for appellant adjourned for filing of





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

At request of Ld. counsel for appellant adjourned for filing




A.No. 362/19 27.01.2020 Present : Ms. Deepmala, Ld. counsel for appellant.

Sh. Utraksh Sharma, Ld. proxy counsel for MCD.

Documents/receipt of payment of misuse charge amounting

to Rs.39,398/- filed on behalf of the appellant,, copy

supplied.

Ld. counsel for appellant seeks time to file documents of

ownership.





Sh. Dharamvir Gupta, Ld. counsel for MCD.

Final arguments partly heard.

At request of Ld. counsel for respondent be listed for filing of

brief synopsis and further final arguments on 10.02.2020.




A.No. 1064/17 27.01.2020 Present : Sh. S.N. Sharma, Ld. counsel for appellant.


Ld. counsel for respondent seeks time to file further status

report as to how many commercial units are permissible in

the property in question and also the area of the permissible

units.

To come up on 10.02.2020 for final arguments.

A copy of order be given dasti to the Ld. counsel for

respondent, as prayed for.



A.No. 423/18 27.01.2020 Present : Sh. Ankur Gupta, Ld. counsel for appellant.


Ld. counsel for appellant seeks adjournment as main

counsel has undergone surgery.





A.No. 661/18, 662/18, 663/18, 664/18 and 665/18 27.01.2020 Present : Sh. Dalip Rastogi, Ld.proxy counsel for appellant.

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

At joint request adjourned for filing brief synopsis and final

arguments on 18.05.2020 as Ld. counsel for parties are not

available.



A.No. 557/19 27.01.2020 Present : Sh. S.K. Verma, Ld. counsel for appellant.

Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. Rajesh

Kumar Mangal, L.I.


Status report filed starting that property in question is not a

subject matter of affidavit filed by the Ld. Commissioner,

MCD before the Hon’ble Supreme Court in Writ Petition (C)

No. 4677/1985 titled M.C. Mehta Vs UOI. It is further stated

that penalty amounting to Rs.3,66,521/- is to be paid by the

appellant.

Ld. counsel for appellant seeks time to pay the penalty.

To come up on 06.03.2020 for final arguments.



A.No. 920/18 27.01.2020 Present : Appellant in person.

Sh. Sanjay Sethi, Ld. counsel for respondent with Sh. Amar

Singh, AE(B).

Reply filed on behalf of respondent to the application moved

on behalf of appellant, copy supplied.

An application moved for withdrawal of the appeal.

At request of the appellant adjourned to 26.02.2020 for

further proceedings.



A.No. 706/19 27.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for MCD.

Ld. counsel for respondent states that the status report qua

the details of existing construction furnished in the affidavit

of the appellant would be filed during the course of the day.





2.15 p.m. 27.01.2020

At this stage Sh. Manoj Kumar, Ld. proxy counsel for

respondent appeared and filed status report, the same be

taken on record.



A.No. 1140/15 and 1141/15 27.01.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for the appellant.

Sh. Nitin Shokeen Ld. proxy counsel for SDMC.

At joint request adjourned for final arguments to 28.05.2020.

Interim orders, if any, to continue till next date of hearing.



A.No. 739/18 27.01.2020 Present : Sh. Akarsh Bhalla, Ld. proxy counsel for appellant.

Ms. Sudesh Sharma, Ld. counsel for MCD.

At request of Ld. proxy counsel for appellant adjourned for

final arguments to 15.05.2020.



A.No. 331/19 27.01.2020 Present : Sh. R.K. Bhardwaj, Ld. Counsel for the appellant.

S. Adil Hussain Ld. counsel for MCD.







A.No. 718/13 27.01.2020 Present : None for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

As none has appeared for appellant, to come up for further

proceedings / final arguments on 29.04.2020.



A.No. 647/14 27.01.2020 Present : Appellant in person.

Sh. Nitin Shokeen, Ld. proxy counsel for MCD.

At request of Ld. proxy counsel for respondent adjourned for

final arguments to 05.05.2020 as main counsel is not

available today.




A.No. 862/16 27.01.2020 Present : Sh. Milan Sharma son of the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

.

Appellant seeks adjourned as his counsel is not available.




A.No. 155/17 and 156/17

27.01.2020 Present : Sh. Anuj Garg, Ld. Counsel for the appellant.

Sh. Nitin Shokeen Ld. proxy counsel for SDMC.

Written submissions filed on behalf of respondent, copy

supplied.

Ld. counsel for appellant seeks time to file brief synopsis.





A.No. 747/17 27.01.2020 Present : Sh. B. Sharma, Ld. counsel for appellant.


Ld. counsel for respondents states that he has not received

the copies of documents filed by appellant.

Ld. counsel for appellant seeks time to supply the

documents of title to Ld. counsel for respondent within a

week.




A.No. 205/16 and 972/16 27.01.2020 Present : Sh. Dalip Rastogi, Ld. proxy counsel for appellant with

father of appellant Sh. Prem Parkash.

Sh. Shashikant Sharma, counsel for SDMC.

It is submitted by Ld. proxy counsel for appellant that written

submissions have been filed.

Final arguments heard.

Be listed for orders on 11.02.2020.



A.No. 549/17 27.01.2020 Present : Shri Manish Kumar, Ld. Counsel for the appellant .

Shri Madan Sagar, Ld. counsel for the respondent .

Ld. Counsel for the appellant seeks time to file brief

synopsis.


Interim orders, if any, to continue till next date of hearing



A.No. 60-SCM/13 27.01.2020 Present : Shri Amit Sethi, Ld. Counsel for the appellant.

Shri Nilesh Sahani, Ld. counsel for the respondent.

Final arguments partly heard.

Ld. Counsel for the appellant seeks time to file documents

regarding authorization of M.D. of the appellant to file

affidavit.

Be listed for final arguments on 25.02.2020.



A.No. 180/19 27.01.2020 Present : Shri Nitin Ahllawat, Ld. Counsel for the appellant.

Sh. Shashikant Sharma, counsel for respondent.

Ld. Counsel for the appellant seeks time to file reply to the

application moved by appellant. under section 151 CPC.

Be listed for reply and arguments on the application on

26.02.2020.



A.No. 516/18 27.01.2020 Present : None for appellant.

Shri Robin Singh, Ld. proxy counsel for the respondent .

None has appeared on behalf of the appellant despite

several calls since morning. Even on the previous 2 dates

of hearing, none had appeared for the appellant. The appeal

accordingly stands dismissed in default and for non-

prosecution. Resultantly, the impugned order dated

05.12.2017 is confirmed. Respondent is at liberty to take

action in the property in question in accordance with law.

The AE(B) to file action taken report before the Deputy

Commissioner concerned.

The file of the department, if any, be returned to the

respondent along with copy of this order.

File be consigned to record room.



A.No. 300/17 27.01.2020 Present : Shri Danish Kumar, Son of appellant.

Sh. H.R. Aggarwal, Ld. Counsel for respondent..

At request of son of appellant, adjourned for final arguments

to 25.02.2020 as his counsel is not available today.



A.No. 11/20 and 12/20 27.01.2020 Present : Shri A.H. Khan, Ld. Counsel for the appellant .


Memo of appearance filed on behalf of respondent. \


Ld. Counsel for the appellant seeks time to file documents

of title.

To come up for arguments on the application for interim stay

on 13.02.2020.



A.No. 40/18 27.01.2020 Present : Shri Prashant Sharma, Ld. proxy Counsel for the appellant.


Request is made for adjournment as main counsel not

available due to marriage in his family. Last opportunity

granted for final arguments on 18.05.2020.

Interim orders, if any, to continue till next date of hearing



A.No. 02/20 27.01.2020 Present : Sh. B.S. Saini, Ld. Counsel for the appellant.

File taken up on an application moved u/s 151 CPC.

Notice be issued to the respondent for 29.01.2020.

Process be given dasti, as prayed for.



A.No. 45/20 27.01.2020 Present : Sh. B.S. Saini, Ld. Counsel for the appellant.

Fresh appeal u/s 343 (2) of the DMC Act against the order

of demolition Dated 15.09.2017 filed alongwith application

for stay and condonation of delay. Be checked and

registered.

Let notice of the appeal and applications be issued to the

respondent through concerned Chief Law officer. AE(B) is

directed to appear in person alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed.

Be listed for arguments on the application for stay and

condonation of delay on 29.01.2020.

Process be given dasti as prayed for.



A.No. 40/20 27.01.2020 Present : Appellant with Ld. counsel Sh. Ajit Kumar.

Fresh appeal u/s 347-B of the DMC Act against the sealing.

Ld. counsel for appellant st ates that sealing order has not

been supplied by the respondent. Be checked and

registered.

Let notice of the appeal be issued to the respondent through

concerned Chief Law officer. AE(B) is directed to appear in

person alongwith entire record of the proceedings, status

report and reply of the appeal on date fixed.





A.No. 44/20 27.01.2020 Present : Sh. Amit Chaudhary, Ld. Counsel for the appellant.

Fresh appeal u/s 347-B of the DMC Act against the sealing.

Ld. counsel for appellant states that sealing order has not

been supplied by the respondent. Be checked and

registered.








A.No. 48/20 27.01.2020 Present : Appellant with Ld. counsel Sh. Devender Mor.

Fresh appeal u/s 343(2) of the DMC Act against the sealing.

Ld. counsel for appellant states that despite several request

made by the appellant respondent has not supplied copy of

the order. Be checked and registered.





Be listed for arguments on the application for condonation of

delay and stay on 04.02.2020.




A.No. 38/15 and 167/15 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.


Sh. Rambir Chauhan, Ld. counsel for applicant.

Ld. counsel for applicant seeks time to file documents.

At request adjourned for arguments on application under

order 1 Rule 10 CPC to 21.04.2020.




A.No. 408/19 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.


Sh. Lalkit Sharma, Proxy counsel for applicant.

An application has been moved for amendment of the

appeal.

It is stated that due to typographical error date of impugned

order has been wrongly mentioned in the prayer clause of

the appeal as 16.04.2019 instead of 26.11.2018. It is stated

that necessary amendment be allowed in para 4, 6 and in

the prayer clause of the appeal.

Application is not opposed, the same stands allowed.

Ld. counsel for appellant seeks time to file amended appeal

and also seeks time to file reply of the application under

order 1 Rule 10 CPC.

To come up for arguments on the application under order 1

Rule 10 CPC on 17.04.2020.




A.No. 407/19 27.01.2020 Present : Dalip Rastogi, Ld. Counsel for appellant.


Sh. Lalit Sharma, Proxy counsel for applicant.

Be listed for fling of amended appeal and final arguments on

17.04.2020.


