a.no. 64/18 adjournment sought on behalf of the appellant...

A.No. 64/18 14.01.2019

Present : Sh. Amit Saini, proxy counsel for Sh. M.K.

Sharma, counsel for appellant.

Sh. Amit Kumar, counsel for respondent

alongwith Sh. Manish Huria, AE(B).

Adjournment sought on behalf of the appellant as

main counsel for appellant is not available.

Respondent is directed to calculate the misuse

charges / penalty, if any within two weeks. The property

can be desealed as per convenience of concerned AE(B)

and appellant and after inspection the property be resealed.

Advance copy of calculation report be supplied to the

appellant who may take necessary steps for deposit the

same or file objections.

Put up this matter for filing of status report /

calculation report by the respondent and final arguments on

12.02.2019.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 14.01.2019

A.No. 03/19 & 04/19 14.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Pramod Kaushik, counsel for respondent

alongwith Sh. Narender Malik, JE(B) and Sh.

B.S. Gupta, JE(B).

Service of notice upon alleged servant was done by

Sh. Praveen Meena, JE(B) under the supervision of Sh.

Naresh Kumar, AE(B). Both are not present today.

Both are directed to appear in person on next date of

hearing for explanation regarding service of show cause

notice upon the appellant.

Put up this matter for appearance of Sh. Praveen

Meena, JE(B) and Sh. Naresh Kumar, AE(B) on

11.02.2019.



A.No. 921/16 & 848/16 14.01.2019

Present : None for appellant.

Sh. V.K. Aggarwal, proxy counsel / Sh.

Utkarsh, proxy counsel for MCD.

Main counsel for respondent is not present today.

Status report not filed.

Adjournment sought.

Put up this matter for filing status report by the

respondent on 01.05.2019.



A.No. 423/18 14.01.2019

Present : Sh. Ankur Gupta, counsel for appellant.

Sh. Sanjay Gupta, ALO alongwith Sh. S.K.

Singhal, AE(B) and Ms. Veenu Khanna, JE(B).

Ld. counsel for appellant he has already applied for

certified copy of Civil Suit proceedings which are likely to be

supplied on tomorrow.

JE(B) and AE(B) concerned who are asked to explain

are present and explain that the status report filed by them.

Status report filed today by the respondent.

Both AE(B) and JE(B) are directed to remain present

on next date of hearing.

Put up this matter for consideration of status report /

filing proceedings of Civil Suit by the appellant and

arguments on interim application on 01.05.2019.

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



A.No. 349/15 & 350/15

14.01.2019


Sh. Madan Sagar, counsel for MCD.

Status report signed by Dy. Commissioner, Central

Zone filed alongwith Annexures.

As per the status report on reference to the record as

filed by Building Department-I of Central Zone, it has been

observed that upon having the knowledge of the order dated

19.07.2018 of this Tribunal, the zonal office had moved the

case for obtaining approval from Commissioner. However,

approval was received on 23.11.2018.

It is further stated that SDMC has Sanctioned

Building Plan in respect of two properties whereas three

properties have been regularized, details of which are as

under :

Sl. No.

Property No. File No. Building Plan Sanctioned / Regularized

1 A-6, Sanwal Nagar

46/B/CZ2011 dated 23.12.2011

Building plan sanctioned

2 B-18/B (MCD No. B-17, Sanwal Nagar

16/B/CZ/2013 dated 01.07.2013

Building plan sanctioned

3 B-17, Sanwal Nagar

75/B/UCR/CZ/14 dated 30.07.2014

Regularized

4 48 (Old) New No. 37, Sanwal Nagar

01/B/UCR/CZ/13 dated 04.01.2013

Regularized

5 C-8 (Old No. 58), Sanwal Nagar

65/B/UCR/CZ/13 dated 19.08.2013

Regularized

It is further stated that respondent SDMC has not

sanctioned any building plan in respect of properties, in

question.

It is further stated in the status report that at the time

of regularization of Sanwal Nagar, guidelines, if any are not

available in the record of SDMC and Town Planning

Department has provided guidelines issued in the year 1977

in respect of properties regularized at that point of time.

Copy of said letter is annexed. The Sanwal Nagar was

regularized in the year 1981.

A.No. 349/15 & 350/15 - 2 -

The copy of guidelines, if any, issued at the time of

regularization of Sanwal Nagar has been sought from Dy.

Director (Planning) UC&J, DDA. A letter dated 31.12.2018

was written to DDA but response is not yet received.

In the end of status report, it is stated that Special

Building Regulations for Special Area, Unauthorized

Regularized Colonies and Village Abadis, 2010 is worth

mentioning and DDA vide notification dated 17.01.2011 had

notified these regularizations. Copy of status report

alongwith annexures supplied to counsel for appellant.

Ld. counsel for appellant seeks adjournment to go

through the status report and file objections, if any.

Dy. Director (Planning), UC&J, DDA is directed to file

reply / response to the letter dated 31.12.2018.

Put up this matter for that purpose and final

arguments on 18.02.2019.



A.No. 85/18 14.01.2019


Ms. Renu Soni, Nodal Officer for SDMC

alongwith Sh. Ravi Kumar, AE(B).

Status report filed which states that on 23.08.2018,

the site was inspected and non-compoundable deviations

was explained to the appellant who has taken corrective

measures and brought the existing construction within the

ambit / limit of DDA’s policy.

Respondent SDMC has regularized the existing

construction vide letter dated 31.10.2018. Copy of

regularization letter annexed. No further action is required

as the property has been regularized.

AE(B) is present and orally submits that demolition

order stands satisfied and no demolition action is required in

the property in question.

Ld. counsel for appellant therefore submitted that in

view of the status report and the submissions of AE(B), the

appeal may be disposed off accordingly.

I have considered the submissions.

The property was booked for unauthorized

construction in the shape of deviations of Sanctioned

Building Plan in the shape of room and toilet at front side at

second floor. Demolition order was passed on 24.01.2018

in that regard which is subject matter of the present appeal.

Since the property has been regularized and the non-

compoundable deviations have been removed, nothing

remains in the present appeal and the same is disposed off

accordingly with the directions to the appellant not to raise

any unauthorized construction in the form of deviations /

excess coverage etc. in future.

A.No. 85/18 - 2 -

In case, the appellant raise any unauthorized

construction, respondent will be at liberty to take action as

per law.

The appeal is disposed off accordingly in above

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

respondent alongwith copy of this order.

File be consigned to record room.

Copy of order be given Dasti to both parties.



A.No. 29/19 14.01.2019


Fresh appeal has been filed against the sealing order

dated 02.01.2019.

It is pointed out that the appeal no. 847/18 is already

pending with regard to the same property which was filed

against the show cause notice and is listed on 17.01.2019.

Let the 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 17.01.2019.



A.No. 13/19 14.01.2019

Present : Mr. Sriram J. counsel for appellant.

Sh. Ankur Mahindru, counsel for R-2 alongwith

daughter of R-2.

Vakalatnama on behalf of respondent no. 2 filed.

Fresh appeal has been filed against the order dated

20.12.2018 wherein sanctioned plan dated 21.07.2017 has

been revoked.

Ld. counsel for respondent no. 2 states that he has

received the advance copy of petition.





the date fixed.




A.No. 11/19 14.01.2019

Present : Sh. Murari Tiwari, counsel for appellant.


dated 16.11.2018 alongwith application seeking

condonation of delay.





the date fixed.




A.No. 942/18 14.01.2019

Present : Shri Alamgir counsel for appellant.


dated 04-12-2018 which has been issued on 30.06.2016.

It is submitted that civil suit bearing No. 824/13 was

disposed off in favour of the appellant vide judgment dated

18.03.2015.

Show cause notice was issued on account of

unauthorized construction of ground floor to fourth floor.

Demolition proceedings is not challenged.

Ld. counsel for appellant submitted that property was

constructed four years back.





the date fixed. Complete record regarding demolition

proceedings be also produced by the respondent.

Appellant is directed to place on record copy/certified

copy of site plan PW1-B, subject matter of civil suit

mentioned above.




A.No. 285/17 14.01.2019

Present : Sh. Gaurav Kumar Singh, counsel for

appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Part arguments heard.

Both parties are directed to file written submissions.

Put up this matter for remaining arguments on

30.05.2019.



A.No. 438/12 14.01.2019

Present : Sh. A.K. Trivedi, counsel for appellant.

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

Harbans Kaushal, counsel for MCD alongwith

Sh. J.B. Meena, AE(B).

Sh. Harbans Kaushal, counsel for MCD is not

present today and not appearing for the last two dates.

Respondent is directed to file written submissions

within a week, failing which heavy costs will be imposed.

Put up this matter for that purpose and arguments on

07.03.2019.



A.No. 918/16 14.01.2019


Ms. Manjusha Jha, counsel for MCD.

Ld. counsel for respondent has placed on record a

letter dated 21.08.2018 wherein permission of regularization

has been rejected on account of non-compliance of IN.

Put up this matter for disposal of appeal on

01.05.2019.



A.No. 595/15 & 593/15 14.01.2019


Ms. Nagina Jain, counsel for MCD.

Status report filed stating that IN was issued on

17.12.2018. Response is pending.

Adjournment sought to file the decision on the

application.

Appellant may take necessary steps in compliance of

IN, failing which respondent is at liberty to take action as per

law.

Put up this matter for that purpose and further

proceedings on 01.05.2019.



A.No. 1061/16 14.01.2019


Ms. Nagina Jain, counsel for MCD alongwith

Sh. S.P. Garg, AE(B).

Status report filed stating that appellant has applied

for regularization and after deposit necessary charges of

Rs. 20,000/- on 11.01.2019, respondent has regularized the

site as per the settlement policy in view of the Hon’ble High

Court order in LPA No. 572/2011.

In view of the status report, nothing remains in the

appeal and the same is disposed off accordingly. Appellant

will abide by the terms and conditions of the above said

settlement, failing which respondent will be at liberty to take

action as per law.

The appeal is disposed off accordingly. The file of

the department, if any, be returned to the respondent

alongwith copy of this order. File be consigned to record

room.



M.No. 1075/16 14.01.2019


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

Action taken report not filed.

Adjournment sought to file the same.

EE(B) is directed to remain present alongwith action

taken report on 08.03.2019.

Copy of order be given Dasti for compliance.



Misc in A.No. 1151/15 14.01.2019


Sh. Sanjay Gupta, ALO for respondent.

Action taken report not filed by the respondent.

Put up this matter for that purpose on 28.02.2019.



Misc. No. 25/18 14.01.2019


Sh. Sanjay Gupta, ALO for respondent.

Reply to the application under Order 9 Rule 9 CPC

not filed.

Put up this matter for final arguments on 28.02.2019.



A.No. 829/18 & 389/18 14.01.2019

Present : Sh. Dheeraj Nayal, counsel for appellant.


Vakalatnama on behalf of respondent filed in appeal

no. 829/18.

Appeal No. 389/18 is against the demolition order

dated 10.05.2018 whereas appeal no. 829/18 is against the

sealing order dated 01.11.2018.

Original record produced which shows that the

property was booked on 23.03.2018 for unauthorized

construction in the shape of amalgamation of three shops

into one hall and encroachment upon common passage and

unauthorized construction of additional floor in between first

floor and ground floor in the shops as per rough sketch.

Show cause notice was issued on 23.03.2018 which

was sent by way of speed post. Reply to the show cause

notice was given by the appellant which was received in the

office of AE(B) on 03.04.2018. Demolition order has been

passed on 10.05.2018.

Ld. counsel for appellant, at the very outset,

submitted that the reply which was duly received on

03.04.2018 has not been considered before passing of

demolition order and the same is cryptic and not sustainable

in the eyes of law.

However, demolition action has not been taken place

in pursuance of demolition order on various dates due to

shortage of time. The property stated to have been sealed

on 01.11.2018 and lying sealed.

Concerned AE(B) is directed to appear in person for

explanation.

In the meantime, respondent is restrained from taking

any coercive action in the property of the appellant bearing

no. 1757, Cheera Khana, Nai Sarak, Chandani Chowk,

Delhi-06 Delhi till next date of hearing.

A.No. 829/18 & 389/18 - 2 -

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 for appearance of AE(B) and final

arguments on 19.02.2019.


compliance.



A.No. 711/18 14.01.2019

Present : Sh. Sukhvant Kaur, proxy counsel for Sh. A.K.

Singh, counsel for appellant.

Sh. Ranjit Pandey, counsel for MCD alongwith

Sh. Mehboob, AE(B).

Status report not filed. Original record produced.

As per record, property was booked on 12.03.2018

for unauthorized construction in the shape of ground floor

with projections. Show cause notice was issued on

12.03.2018 by way of pasting. Photographs placed on

record at page no. 5/C.

Demolition order was passed on 12.03.2018. Appeal

has been filed on 26.09.2018. Application seeking

condonation of delay has been filed stating that appellant

came to know about the demolition order dated 12.03.2018

during the court proceedings of suit no. 1520/2017 pending

before the Court of Ms. Surya Malik Grover, Ld. ADJ, South

East, Saket Court. Thereafter, appellant applied for certified

copies of status report on 08.08.2018 and appeal was

drafted and presented before the registry on 16.08.2018 but

due to objections, it could be filed only on 26.09.2018.

Delay in filing the appeal has been sought on that ground.

Ld. counsel for respondent, on the other hand, stated

that there are no grounds for condonation of delay even if

as per admission, copy of order had came into the

knowledge on 24.07.2018 and the appeal has been filed on

26.09.2018 after expiry of two months i.e. barred by

limitation.

I have heard the Ld. counsel for appellant and

carefully examined the record.

In view of the facts and circumstances mentioned in

the application, in the interest of justice, application seeking

condonation of delay is allowed subject to costs of Rs.

10,000/-.

A.No. 711/18 - 2 -

Ld. proxy counsel for appellant states that main

counsel for appellant is not available today and he will argue

the interim stay application and seeks adjournment.

There is no formal request from counsel for appellant

for adjournment.

Respondent is at liberty to take action in pursuance

of impugned order challenged herein and file action taken

report / status report by next date of hearing.

Put up this matter for filing status report by the

respondent and arguments on 13.03.2019.


compliance.



A.No. 750/18 14.01.2019

Present : Sh. B.P. Gupta with Sh. Rajesh Gupta,

counsel for appellant.

Sh. S.K. Jain, proxy counsel for MCD

alongwith Ms. Renu Soni, Nodal Officer for

SDMC.

No reply to the application filed.

Ld. counsel for appellant pointed out that in the

previous status report, it is admitted by the respondent that

the appellant has obtained the Sanctioned Building Plan

and the said building plan has not yet revoked.

It is further stated that the appellant is ready to bring

the property within the parameters of Building Plan by

removing the excess coverage / deviations, if any.

Concerned AE(B) is directed to remain present

alongwith clear cut status report clarifying about the

deviations / excess coverage, if any against the Sanctioned

Building Plan.

Reply to the application be filed after seeking

approval from Dy. Commissioner concerned.

Put up this matter for consideration of said

application and further proceedings on 25.01.2019.


compliance.



A.No. 497/17 14.01.2019

Present : Sh. Daljinder Singh, counsel for appellant.


Ld. counsel for appellant has filed reply to show

cause notice by Vijay Uppal, appellant no. 2 in compliance

of order dated 01.08.2018. Status report also filed. Copy

supplied.

Status report filed. It is not clarified in the status

report whether any demolition action is required or not

because counsel for appellant states that demolition action

in pursuance of demolition order has already taken place

and only ground floor is left which is having protection under

National Capital Territory of Delhi Laws (Special Provisions)

Second (Amendment) Act, 2017.

Counsel for respondent is directed to clarify about the

remaining demolition action, if any. Status report should

clarify whether the ground floor of the property subject

matter of the appeal having protection under National

Capital Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017 or not. Photographs of entire

property as existing after demolition action, if any to be

taken be filed.

Put up this matter for consideration / explanation

regarding incorrect affidavit / status report and appellant on

07.03.2019.



A.No. 203/18 14.01.2019

Present : Sh. G.D. Sharma, counsel for appellant

alongwith mother of appellant.

Sh. R.K. Singh, counsel for MCD alongwith

Sh. R.K. Jain, AE(B).

Sh. Sanjeev Kumar, counsel for R-2 (Society).

Sh. Anis Ahmad, counsel for applicant.

Fresh Vakalatnama on behalf of respondent no. 2

filed.

An application under Order 1 Rule 10 CPC is moved

by Sh. Deepak Sharma. Copy be supplied to the appellant

as well as respondent.

Adjournment sought to file the reply to the application

under Order 1 Rule 10 CPC.

Detailed reply to the application seeking condonation

of delay has not filed by the respondent despite directions.

Status report has been filed by the respondent. Copy

supplied. It is stated in the status report that the appellant

has concealed the material facts before this Tribunal

because vide order dated 07.01.2002, Assistant Registrar

(East) had conveyed the concurrence of the competent

authority for increasing of membership strength from 300 to

302 to the DDA and the Hon’ble High Court of Delhi vide

order dated 13.03.2002 in CW No. 923 & C.M. 1516/98 had

considered the same subject to fulfillment of the Building

byelaws.

DDA has issued show cause notice dated

28.09.2015 to the President / Secretary, Amarpali, CGHS

Ltd. stating that the society has conducted illegal draw and

lots and construction of two illegal flats beyond sanctioned

plan and without any permission / approval from DDA /

MCD.

A.No. 203/18 - 2 -

Dy. Director (GH)/FAA has communicated to Sh.

Deepak Sharma (complainant) dated 21.07.2016 that any

flat constructed beyond 300 flats illegal and unauthorized

unless sanctioned / approved by the building section taking

into consideration the Building byelaws. Dy. Director (GH)

further stating that no permission has been given to

construct flat no. 301 and 302 which are in existence at

Amarpali CGHS and fully occupied.

It is further stated that the list of members, as

approved by RCS of society as on 28.03.2017 does not

contain the name of Ms. Ruchika Seth / Ms. Aditi Madan,

allegedly the erstwhile / present owner / occupier of flat no.

302. There is additional list containing three members

wherein Ms. Ruchika Seth finds mention where membership

is pending for approval from RCS/MCD/DDA. The said list

is annexed as Annexure R-2 dated 28.03.2017.

Status report regarding flat no. 302, stating that the

said flat was inspected on 12.03.2015 by concerned JE(B)

and unauthorized construction in the shape of flat at the

space provided for ESS (Electric Sub Station) as per

Sanctioned Building Plan of DDA at ground floor has been

shown which has been booked 12.03.2015.

Show cause notice dated 12.03.2015 was issued

which was sent by speed post. The President / Secretary of

the society has failed to file reply to the show cause notice

and demolition notice dated 01.04.2015 was also issued.

Thereafter, demolition order was passed on 16.04.2015.

After following due process of law, sealing order

dated 15.09.2015 has been passed with regard to the flat

no. 302 and the property in question was sealed on

08.06.2017 at one point.

Respondent no. 2 has not filed any reply.

President / Secretary of respondent no. 2 is directed

to appear in person on next date of hearing.

A.No. 203/18 - 3 -

Court notice be issued to RCS to file status report

and bring the entire record regarding the flat no. 301 and

302 of the society i.e. Amarpali Apartments, Patparganj,

Delhi.

Notice be issued to DDA to file status report

regarding the flat no. 301 and 302 of the society.

Put up this matter for compliance / arguments on

06.02.2019.

Copy of the order be given Dasti to all the parties for

compliance.

(RAJ KUMAR CHAUHAN)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

14.01.2019

A.No. 809/18 14.01.2019

Present : Sh. Trilok Chand, counsel for appellant

alongwith appellant in person.

None for the respondent.

Ld. counsel for appellant submits that appellant

wants to withdraw the present appeal. Statement of

appellant has been recorded in this regard separately.

In view of the statement of appellant, the present

appeal is dismissed as withdrawn. The impugned order is

confirmed. MCD is at liberty to take action as per law in

respect of the property of the appellant.

Appeal file be consigned to record room.

Record of the respondent, if any be returned to the

respondent.

Respondent is directed to file action taken report on

28.03.2019. Registrar is directed to prepare a

miscellaneous file for this purpose. Copy of this order be

placed in miscellaneous file.



On the request of the ld. counsel for respondent Sh.

Mohit Sharma who is present alongwith concerned AE(B).

He is apprised with the proceedings passed today.

Put up for date fixed i.e. 28.03.2019.



14.01.2018 at 3.30 p.m.

File taken up again on the request of the ld. counsel

for respondent Sh. Mohit Sharma who is present alongwith

concerned AE(B). He is apprised with the proceedings

passed today.

Put up for date fixed i.e. 28.03.2019.



A.No. 718/18 14.01.2019

Present : Ms. Sheweta, counsel for appellant alongwith

appellant.

Sh. Sanjay Gupta, Nodal Officer alongwith Sh.

Pradeep Sharma, L.I.

Photocopy of chain of documents placed on record.

Status report not filed.

Sh. Ashutosh Gupta, counsel for MCD is stated to be

appointed in the present appeal who is not present.

On perusal of the original record it is found that property

was sealed on the ground of misuse.

L.I states that the premise was sealed due to industrial

activities in the residential area as mentioned in notice u/s 345A

of the DMC Act whereby property No.B-1400, Shashtri Nagar,

Delhi was ordered to be sealed in pursuance of directions issued

by the Monitoring Committee in M.C. Mehta’s case.

In the original record there is notice u/s 345A of the DMC

Act dated 14.08.2015

Ms. Sarita Gaur, ALO states that notice dated 14.08.2015

is an order and there is no separate order for sealing of the

property.

The property is stated to be sealed in the year 2017.

Respondent is directed to calculat the misuse charges /

penalty and filed the status report.

For the purpose of ascertaining misuse charges the

respondent is at liberty to deseal the property in question in the

presence of the appellant and thereafter reseal the same on the

same day. The calculation of misuse charges/penalty be

informed to the appellant so that he may comply the same.

Put up this matter for filing of status report by the


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

prayed.



A.No. 721/18 14.01.2019

Present : Ms. Pooja Yadav, proxy counsel for Sh. Satish

Kumar, counsel for appellant.


Vakalatnama on behalf of respondent filed.

Record not produced on the ground that record is to

be summoned from City SP Zone.

Put up for producing the record, reply with the

direction to inspect the premises for the purpose of

calculation of penalty / misuse charges if any to be

recovered and provide advance copy of the calculation to

the appellant who shall take necessary steps in that regard.

For that purpose respondent is at liberty to deseal the

property in question and thereafter reseal the same on the

same day.



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

as prayed.



A.No. 805/18 14.01.2019

Present : Sh. S.K. Verma, counsel for appellant.

Dasti process was not taken.

Issue fresh dasti process as per previous order dated

14.02.2019.



A.No. 228/18 14.01.2019

Present : Sh. Mohit Monga, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.

Ms. Manorma Masih, counsel for Monitoring

Committee.

Vakalatnama on behalf of Monitoring Committee

filed.

Upon instructions from the appellant, Ld. counsel for

appellant has withdrawn the present appeal as the appellant

has approached the Monitoring Committee for desealing of

the premises in question. His Statement has been recorded

in this regard separately.

Ld. counsel for Monitoring Committee and North

DMC submits that they have no objection in case appellant

approaches the Monitoring Committee for desealing of the

property and the Tribunal may dispose of the appeal as per

law. Their statements have also been recorded separately

in this regard.

Status report has been filed by the respondent on

17.09.2018 stating that the property was sealed on

18.01.2018 under the directions of the Monitoring

Committee. It was further stated that the sealing action

taken under the orders of Monitoring Committee and in view

of order dated 07.09.2018 of the Hon’ble Supreme Court in

the Writ Petition titled as M.C. Mehta Vs. Union of India, no

other court has got jurisdiction over these matters except

appeal before Monitoring Committee.

In view of the statement of appellant, the present

appeal is dismissed as withdrawn. The appellant is at

liberty to seek his relief as per law.

Appeal file be consigned to record room.

Record of the respondent, if any be returned to the

respondent.



A.No. 913/18 14.01.2019

Present : Sh. Amit Swami, counsel for appellant.

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


Status report not filed, AE(B) is absent.

Record has been produced.

As per FIR placed at page 12/C, the property was

booked for unauthorized construction in H.No.G-1/1045A

(Adjoining RHS G-1/1046, Kh. No.1400, Phase-VI, Aya

Nagar, New Delhi in the shape of ground floor alongwith

mumty.

Show cause notice dated 20.12.2016 was issued

served through pasting at site. The demolition order has

been passed on 27.12.2016 which was again pasted at site.

Ld. counsel for appellant at the very outset submitted

that before issuing of demolition order no show cause notice

was ever served upon the appellant. The principles of

natural justice have not been followed. The demolition

order is, therefore, bad in the eyes of law and therefore,

liable to be set aside.

Ld. counsel for respondent again submitted that

criminal proceedings have already been launched, FIR has

already been registered and charge sheet has already been

filed. The property falls in unauthorized colony and the

unauthorized construction in the property has been raised

recently as is evident from the photograph as well as

documents relied upon by the appellant i.e. electricity bill

having enersization dated 27.12.2016.

No documents of construction prior showing old

construction has been filed. However, the requirement of

service of show cause notice before passing of the

demolition is must. The show cause notice was served

upon the appellant by way of pasting but no photograph has

been placed on record regarding pasting service at the site.

A.No. 913/18 -2-

Notwithstanding the criminal proceedings, the appeal

needs to be remanded back for fresh proceedings and to

pass fresh reasoned order after following due process of

law.

Service through pasting is permissible as per Section

444 of DMC Act in case owner / occupier could not be

served personally by handing over the summon to him.

Since this pasting is permissible in case of owner / occupier

but certain safeguard are required to be followed which

affects service through pasting i.e. photographs of the

pasting and citing of witness. The Commissioner, MCD in

its circular itself has given certain directions for service

through pasting vide circular dated 15.04.2010 Which is as

under :-

“It is observed that the service of show cause notice upon owner is found unsatisfactory and unreliable and, as such, most of the appeals, filed against the demolition orders, are allowed by the courts for lack of service of show cause notice upon owner. It has, therefore, been decided that pasting of notice should be supported by photographic evidence. The JE concerned will ensure the photographic evidence of pasting of notice and such evidence will form part of U/C and sealing files. EE(B) of respective zone shall ensure the uploading of information regarding unauthorized construction on MCD website soon after the passing of the necessary orders for demolition”.

Even another circular bearing No.LAW/SOUTHDMC

/2016/1227 Dt. 06.12.2016 was issued by the Chief Law

Officer, SDMC which is reproduce as below:-

„It has been observed that the Executive

Engineers of SDMC are passing demolition order/sealing order without verifying the service of show cause notice. The Appellate Tribunal has also observed that this is very careless attitude or some deliberate act to give benefit to the property owner as they knew very well that case will not stand to the scrutiny of the Court on this ground alone. Therefore, the Quasi Judicial Authority should ensure that service has been done properly before passing any order under DMC Act.

A.No. 913/18 -3- Further the service, as far as possible should

be done by way of speed post and a copy of internet delivery report with postal receipt should be kept on record and where service is not possible and pasting is to be done, photograph of pasting be taken and signatures of witness be obtained with their name and address.

In number of cases, the service of show cause notice of demolition or sealing is done by way of pasting or speed post, but necessary proof with regard to its service by pasting and signatures of two witnesses is not taken by the department. In case of service by speed post, the tracking report showing the service of the same upon the owner/builder is not placed in the u/c file, with the result the stay order are passed and finally appeals are allowed.

All concerned are hereby requested to kindly take note of the aforesaid orders and to ensure the compliance of such orders.”

Since respondent officials have not taken the

photographs while pasting the show cause notice to prove

service through pasting was done. Hence, the service of

show cause notice does not inspire much confidence.

Hence, I hold that respondent has failed to prove that

service of Show Cause Notice has been done.

I agree with contention of Ld. counsel for appellant

that impugned demolition order dated 27.12.2016 is liable

to be set aside in view of non-compliance of mandatory

provisions of section 343 of the DMC Act.

In this regard, I relied upon the judgment of Mahinder

Singh & others Vs. MCD 34 (1988) DLT 118 wherein the

Hon’ble High Court held as under :-

“The service of notice of the show cause on the person concerned before passing the demolition order is mandatory. There is no question of any prejudice being caused or not being caused when a mandatory provision has not been complied with… it must be held that the whole proceedings regarding passing of the demolition order are illegal and on this ground alone the impugned demolition order and the appellate order are liable to be set aside.”

A.No. 913/18 -4-

Accordingly, the impugned demolition order dated

27.12.2016 is hereby set aside and the matter is remanded

back to the Quasi Judicial Authority for deciding the same

afresh. However, it is clarified that fresh show cause notice

shall be issued to the appellant and this order will be treated

as show cause notice.

The respondent shall provide the opportunity of

submitting reply as well as give personal hearing to the

appellant who is directed to appear in the office of

concerned AE(B) on 04.02.2019 at 3:00 p.m. The AE(B) or

any authorized officer shall pass the speaking order dealing

with all the submissions, pleas and the defences raised by

the appellant and shall complete the proceedings maximum

within three months thereafter.

With these observations appeal is remanded back.

The appellant shall not raise any further construction in the

said property nor shall sell it or create any third party

interest in the same till the matter is decided afresh by the

Dy. Commissioner or authorized officer.

Respondent is at liberty to take demolition action in

pursuance of demolition order which is not challenged in the

present appeal.

The appeal is, thus, disposed off. The file of the

department, if any, be returned to the respondent alongwith

copy of this order. Appeal file be consigned to record room.


as prayed.



A.No. 260/18 14.01.2019

Present : Sh. Ajay Chaudhary, counsel for appellant.

Sh. Rajesh Kumar Shandilya, counsel for

respondent alongwith Sh. B.P. Dubey, AE(B).

Status report filed under the signature of Dy.

Commissioner Shahdara South Zone, EDMC. Copy

supplied.

It is stated in the status report that since property was

booked for unauthorized construction on 04.06.2012 and

demolition was passed on 03.07.2012 and the property

being situated in unauthorized colony and construction has

taken place before 01.06.2014 no punitive action can be

taken in view of the in view of the enforcement to be kept in

abeyance under the provisions of aforesaid Act on the

properties constructed prior to 01.06.2014.

AE(B) submits that property in question i.e. J-70 (Old

No.J-54) East Vinod Nagar, Delhi is protected from

demolition by virtue of National Capital Territory of Delhi

Laws (Special Provision) (Second Amendment) Act 2017 till

31.12.2020 as the construction was raised prior to

01.06.2014 and therefore, no punitive action will be taken as

per the provisions of the said Act in pursuance of the

demolition order dated 03.07.2012. His statement has been

recorded separately in this regard.

In view of the statement of the AE(B) ld. counsel for

appellant has withdrawn the present appeal. His statement

is also recorded separately in this regard.

I have considered the arguments and gone through

the record. The respondent initially served show cause

notice dated 04.06.2012 for demolition of the property

bearing No. J-70 (Old No.J-54) East Vinod Nagar, Delhi on

the ground of unauthorized construction at ground floor and

mumty. The demolition order was passed by the

respondent on 03.07.2012. Since from the order it is

A.No. 260/18 evident that the property in question has been booked due

to unauthorized construction as stated above by the AE(B),

mentioned above, unauthorized construction is already

protected by virtue of National Capital Territory of Delhi

Laws (Special Provision) (Second Amendment) Act 2017.

In view of the above, since the property is protected

till 31.12.2020 by virtue of National Capital Territory of Delhi

Laws (Special Provision) (Second Amendment) Act 2017,

the respondent shall not take any action in the property in

question till 31.12.2020. However, after expiry of the said

period the respondent is directed to take action against the

unauthorized construction in case the protection is not

extended by the Parliament.

The appeal is thus disposed off. Record of the

respondent alongwith one copy of the order be sent back to

the respondent. One copy of the order be sent to

Commissioner concerned through concerned Chief Law

Officer. File be consigned to record room.



A.No. 252/17 14.01.2019

Present : Sh. Sahil Sharma, proxy counsel for Sh.

Rajesh Kumar, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD.

Main counsel for appellant is not present. Pass over

sought.

Due to heavy cause list there is no possibility of

retaking of the file.

Put up for final arguments on 06.05.2019,



At this stage, Sh. Rajesh Kumar, counsel for

appellant appeared. He has been informed about the order

passed today.



A.No. 438/18 & 439/18 14.01.2019

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

Sh. Akar Bhardwaj appeal No.438/18 counsel

for respondent and Sh. Avdesh Kumar, Yadav,

counsel for respondent in appeal No.439/18

alongwith Sh. N.K. Pandey, JE(B).

Sh. Anil Chauhan, counsel for applicant.

Written submissions on behalf of the appellant filed.

Copy supplied.

Adjournment sought.

Put up for arguments on the application under order

1 Rule 10 CPC and final arguments on 19.07.2019.



A.No. 731/17 & 520/17 14.01.2019

Present : Sh. O.P. Verma, counsel for appellant.

Sh. Abhimanayu Chauhan, proxy counsel for

Sh. Nitin Som, counsel for respondent.

Status report filed by the Asstt. Director ( Vigilance)

requesting that to give 03 more months time submit report.

Put up for filing further status report / final arguments

failing which Chief Vigilance Officer will appear in person.

Put up for final arguments on 15.03.2019. Copy of

the order be given Dasti to both the parties, as prayed.



A.No. 214/18 14.01.2019

Present : Sh.


alongwith Sh. Baljeet Singh, L.I.

Status report filed clarifying that the premises was

sealed in compliance of circular dated 19.11.2017 issued by

Asstt. Commissioner (FL) North DMC.

Ld. counsel for respondent informed that the

premises was not directly sealed at the instance of

Monitoring Committee.

Adjournment sought to produce the record.

Respondent is directed to calculate misuse charges,

if any and provide advance copy of the calculation to the

appellant who shall take necessary steps in that regard. For

that purpose respondent is at liberty to deseal the property

in question and thereafter reseal the same on the same day.




as prayed.



A.No. 27/17 & 342/17 14.01.2019

Present : Sh. V.K. Arora / Sh. M.S. Khan, counsel for

appellant.

Sh. Shashikant Sharma, counsel for MCD.

The annexure as mentioned in the order dated

07.02.2018 are not yet filed.

The concerned is AE(B) directed to remain present

for clarification / compliance failing which burdened with

cost of Rs.10,000/-.


respondent and arguments on 10.04.2019. Interim stay, if

any, is extended till next date. Copy of the order be given

Dasti to both the parties, as prayed.



A.No. 279/18 14.01.2019

Present : Appellant in person.



The appellant submits that the appellant in appeal

No.794/16 has refused to take the copy.

Let the said copy be supplied today.

Put up for arguments on maintainability of the appeal

alongwith appeal No.794/16 on 27.03.2019.



A.No. 794/16 14.01.2019

Present : Sh. Ajit Kumar, counsel for appellant.

Sh. A.K. Mittal, counsel for respondent.

Sh. Pritam Kumar Sinha, applicant in person.

Part arguments heard.

All the parties are directed to file written brief

submission by next date of hearing.

Put up for filing of the written submissions and final

arguments, if any, on 27.03.2019.



A.No. 145/16 14.01.2019

Present : Sh. Tarun Aggarwal, counsel for appellant.

Sh. K.K. Arora, counsel for respondent.

Objection to the status report filed. Copy given to the

counsel for appellant.

Put up for final arguments on 26.03.2019.



A.No. 850/18 14.01.2019

Present : Sh. Ajay Dabas, counsel for appellant.

File taken up today as an application has been

moved for early hearing.

Notice of the appeal has already been issued for

22.01.2019.

Previous notice on the previous date was issued

Dasti which was not taken.

Fresh notice be issued to the respondent for date

fixed.

Notice be issued dasti.



A.No. 497/14 & 54/18 14.01.2019

Present : Son of the appellant.

Ms. Divya Gupta proxy counsel for the

respondent.

Lal Dora certificate placed on record.

Clarification regarding the ownership made.

Put up for filing of affidavit by the appellant

regarding no dispute about his ownership of the plot in

question.

Put up for clarification as mentioned above/

orders on 18.01.2019.



A.No. 762/17 14.01.2019

Present : Ms. Pooja Yadav, proxy counsel for Sh. Anuj

Kumar Garg, counsel for appellant.

Sh. K.K. Arora, counsel for respondent.

Mohd. Ilahi counsel for applicant Mohd. Hanif.

None for Delhi Wakf Board.

Reply to the application under order 1 Rule 10 not

filed by the appellant.

Delhi Wakf Board has not filed the application for

becoming party in the present proceedings.

In case reply is not file the property, the opportunity

of filing the reply will be closed.

Put up for filing reply of the application, arguments on

the application and final arguments on 18.03.2019.



A.No. 247/17 14.01.2019

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


Sh. Alamgir counsel for applicant Ms. Fatima.

During the arguments, counsel for applicant pointed

out that the status report filed on 07.12.2018 is silent about

unauthorized construction having been raised in the shape

of (ground floor was old and occupied) as find mentioned in

the status report dated 07.12.2018.

Concerned AE(B) is directed to file clearcut status

report alongwith fresh photographs specifying whether any

unauthorized construction is being raised in the property of

the appellant after passing of the order dated 02.05.201.

The inspection be carried out in the presence of appellant

and as well as applicant on 21.01.2019 at 11.00 a.m.




as prayed.



A.No. 149/13 14.01.2019

Present : Sh. Neeraj Gupta, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. A.K. Jain, AE(B).


Committee.

AE(B) submitted that as per record, the appellant has

deposited the penalty / misuse charges to the tune of

Rs.15,55,583 on 14.11.2018 as demanded by the department

vide status report dated 14.03.2017. The property is situated on

non notified road having ROW less than 18 mtrs. and situated in

colony having status of approved colony / regular residential

plotted development. The sanction use of the basement is for

house hold domestic storage and ground floor for residential use.

Though, with certain terms and conditions it can put into use for

professional activities as stipulated under clause 15.8 of MPD-

2021. His statement has been recorded separately in this regard.

Counsel for Monitoring Committee pointed out that the

deviations / unauthorized construction, if any in the property

needs to be removed as per report of the Monitoring Committee.

Concerned AE(B) is present. He is directed to verify the

construction and if there is any unauthorized construction in the

property of the i.e. basement and ground floor or in the remaining

floors, fresh status report be filed within two weeks.

Inspection be carried out 17.01.2019 at 11.00 a.m.

For the purpose of inspection the respondent is at liberty

to deseal the property in question and reseal the same thereafter.



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

prayed.



A.No. 802/17 14.01.2019

Present : Appellant in person.


Committee.

Sh. Madan Sagar counsel for respondent

alongwith Sh. Manish Huria, AE(B).

Status report filed which ambiguous.

AE(B) seeks adjournment to file the clearcut status

report in compliance of the order dated 17.12.2018 within

two weeks.





A.No. 608/18 14.01.2019

Present : Sh. Vikrant Bhardwaj, counsel for appellant.

Sh. Sanjay Gupta, Nodal Officer, NDMC.

Status report filed on 18.12.2018 stating that New

Patel Nagar, New Delhi is an unauthorized regularized

colony which was regularized vide DDA resolution No.82

dated 16.03.1981. The building plans in the said colony are

sanctioned in accordance with Building Bye Laws and MPD-

2021.

Present appeal pertains to sealing of the property.

The unauthorized construction proceedings on the basis of

which property was sealed, have not been challenged.

Adjournment sought for further arguments.

Put up this matter for arguments on 07.03.2019.



A.No. 260/18 Statement of Sh. Ajay Chaudhary, counsel for appellant Enrl. No.D-891/2002, Chamber No.496, Chamber Block -2, Delhi High Court, New Delhi. ON SA

Ld. counsel for appellant submits that in view of the statement of

AE(B) I may be permitted to withdraw the present appeal, because as

per the status report and statement of the AE(B), the property is under

protection till 31.12.2020.

RO&AC



A.No. 260/18 Statement of Sh. B.P. Dubey, AE(B) , Shahdrara South Zone ON SA

The property bearing no. J-70 (Old No.J-54) East Vinod Nagar falls

in the unauthorized colony and the same is protected from demolition by

virtue of Delhi Laws (Special Provisions) (Second Amendment) Act, 2017

till 31.12.2020 as the construction has been taken place prior to

01.06.2014. Therefore, no punitive action will be taken as per the

provisions of the said Act in pursuance of the demolition order

B/UC//SH/S2012 /94 dated 03.07.2012.

RO&AC



P.No. 149/13 Statement of Sh. A.K. Jain, AE(B), South Zone Green Park, SDMC. ON SA

As per record, the appellant has deposited the penalty / misuse

charges to the tune of Rs.15,55,583 on 14.11.2018 as demanded by the

department vide status report dated 14.03.2017. The property is situated

on non notified road having ROW less than 18 mtrs. and situated in

colony having status of approved colony / regular residential plotted

development. The sanction use of the basement is for house hold

domestic storage and ground floor for residential use. Though, with

certain terms and conditions it can put into use for professional activities

as stipulated under clause 15.8 of MPD-2021.

RO&AC



A.No. 228/18 Statement of Ms. Nagina Jain, counsel for MCD, Enrol No.D-298/91 Chamber No.217, Civil Side, Tis Hazari Courts Without oath.

I have to state that North DMC has no objection in case appellant

approaches the Monitoring Committee for desealing of the property in

question and the Tribunal may dispose of the appeal as per law.

RO&AC



A.No. 228/18 Statement of Ms. Manorma Masih, counsel for Monitoring Committee Enrol No. D-776/2005, chamber No.419-A, Lawyers Chambers Block Rohini District Court Complex Rohini, Delhi. ON SA

I have to state that Monitoring Committee has no objection in case

appellant approaches the Monitoring Committee for desealing of the

property in question and the Tribunal may dispose of the appeal as per

law.

RO&AC



A.No. 228/18 Statement of Sh. Mohit Monga, counsel for appellant, Enrl. No.D/1551/13, Chamber No.781, Western Wing, Tis Hazari Courts, Delhi. Without oath.

Upon instructions from the appellant, the present appeal may be

permitted to be withdrawn as the appellant has approached the

Monitoring Committee for desealing of the premises in question. The

appellant further seeks permission from this Hon’ble court to file the

appeal afresh in case the property is not desealed by the Monitoring

Committee.

RO&AC



A.No. 809/18 Statement of Smt.Dhanpati Yadav, appellant W/o Sh. Suraj Pal Singh,

R/o H. No. A-82/S-1, A Block, Second floor, Dilshad Colony, Delhi-95.

ON SA

I am the appellant in the present appeal and I want to withdraw my

appeal. The same may be dismissed as withdrawn.

RO&AC



a.no. 64/18 adjournment sought on behalf of the appellant...

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