amcdonline.gov.in/at/dailyordersnew/390_23.08.2018.pdf · construction at different places without...

A.No. 494/18

23.08.2018 Present : Sh.Virender Singh, counsel for the appellant.

Sh.Nitin Kumar proxy counsel for Sh. Nitin

Prakash, counsel for the respondent.

Vakalatnama on behalf of respondent filed.

Record not produced. AE(B) is absent despite

service on 13.08.2018.

Counsel for the appellant with respect to the

interim stay application stating that appellant has sold the

ground floor, second floor and third floor vide registered

sale deed in the year 2009 to Smt Asha Rani Meena, Smt

Babita Jain and Smt Meenakshi Gupta. It is further stated

that ground floor which is suit property in respect of which

the impugned order has been passed, regular

assessment for the purpose of the house tax has been

filed as annexure-A5. There is electricity connection in the

property as in the name of Sh. Sanjay Yadav , son of the

appellant before 2001 and said connection has been

transferred in the name of the appellant with energisation

dated 28.01.2010. It is also stated that entire suit property

was purchased by way of registered Sale deed in the

year 1988 from Sh. Shugan Chand Sharma previous

owner. Counsel for the appellant pointed that demolition

order dated 14.06.2018 was passed without service of

show cause notice and show cause notice was never

received by the appellant. It is pointed out that simply it is

stated in the said demolition order that unauthorized

construction at different places without Building Byelaws.

It is stated that show cause notice was never served upon

the appellant before passing of the demolition order and

demolition order is itself ambiguous and nothing is

explained of violation of the bye-laws. It is also submitted

that alleged violations if any, though denied, is existing

very old having protection by special laws.

A. no. 494/18

-2-

Since neither the record produced nor

status report filed, respondent is directed not to take

any coercive action in respect of property bearing no.

353-A/1, Gali no. 9, Jarkhandi Road, Bhola Nath

Nagar, Shahdara, Delhi, in pursuance of demolition

order dated 14.06.2018 till next date of hearing.

However, this order is subject to any other

order passed by the Hon’ble Supreme Court/Hon’ble

High Court order in respect of the property in question.

Appellant is directed to file affidavit giving

details of construction with measurement 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), 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.

Dy. Commissioner concerned is directed

to take action against the concerned AE(B) who has

failed to appear and file status report.

Put up this matter for filing of status report,

record by the respondent on 08.01.2019.

Copy of this order be given dasti.

(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD

23.08.2018

A.No. 1078/16

23.08.2018 Present : Sh.A.K. Mishra proxy counsel for Sh.

G.R.Verma, counsel for the appellant.

Sh.Anil Mishra, counsel for the respondent.

Adjournment sought as counsel for the

appellant is not available.

Put up for final arguments on 27.03.2019, last

and final opportunity.

Interim orders, if any, to continue till next date

of hearing.


23.08.2018

A.No. 599/13

23.08.2018 Present : Ms. Shweta Goel proxy counsel for the

appellant.

Sh. Shashikant Sharma, counsel for SDMC.

None for the monitoring committee.

At request, put up for final arguments on

25.03.2019.


23.08.2018

A.No. 454/17

23.08.2018 Present : Intern Ms. Vibhuti proxy counsel for Sh. Manoj

Tyagi, counsel for the appellant.

Sh.V.K. Aggarwal, counsel for the respondent.

Appellant is directed to remain present for

withdrawal of the appeal as an application has been

moved in that regard.

Put up for appearance of appellant on

01.11.2018.


23.08.2018

A.No. 982/17, 983/17

23.08.2018 Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. H.R.Aggarwal/Sh.V.K. Aggarwal counsel

for the MCD alongwith AE(B) Sh. Suraj

Prakash.

Status report filed stating that third floor of the

appellant was inspected and found that the area shown in

yellow colour on the regularization plan which includes

the projections on government land has been removed.

There are ground floor, mezzanine floor, first floor and

second floor with projections on government land on both

sides .

Counsel for the appellant submitted that

impugned order is just for third floor and in the third floor

as per status report no projection has been left on the

government land.

Counsel for the appellant submits that now

there is no legal hindrance for grant of regularization

application.

Counsel for the respondent seeks short

adjournment to file clarificatory status report in that regard

and clarifying as to why the regularization should not be

granted to the appellant.

Put up for filing clarificatory status report and

final arguments on 27.11.2018.


of hearing.


23.08.2018

A.No. 637/17

23.08.2018 File taken up today as 22.08.2018 was declared holiday. Present : None for the appellant.

Sh. Dharamvir Gupta, counsel for MCD.

None for the applicant.

Put up for reply/arguments on the application

u/o 1 R 10 CPC/final arguments on 27.03.2019.


of hearing.


23.08.2018

A.No. 882/17, 883/17

23.08.2018 Present : Appellant in person (in appeal no. 883/17)

None for the appellant (in appeal no. 882/17)

Sh. Abhishek proxy counsel for Sh. Ashutosh

Gupta, counsel for the respondent.

Status report filed stating that appellant has

applied for regularization of existing construction which is

under consideration and same will be decided as per law

in due course of time. Status report is ambiguous as date

of filing of the application is not mentioned in it.

Status report regarding verification of the

construction as mentioned in the affidavit not filed.

Short adjournment sought by the proxy

counsel for the appellant to file status report. Let the

same be filed within 2 weeks. In case status report in

compliance of order dated 22.1.2018 is not filed within

two weeks, Dy. Commissioner concerned will appear in

person.

Put up this matter for filing of status report on

25.10.2018.



23.08.2018

A.No. 04/18

23.08.2018 Present : Ms. Shweta, proxy counsel for Sh. Varun

Dhingra, counsel for the appellant.

Sh. Sanjay Manglik, Nodal Officer for North

DMC alongwith Sh. Suraj Prakash AE(B).

Sh. Gian Chand counsel for the respondent is

not present, stated to be ill.

AE(B) has filed status report about record

regarding receiving of reply to the show cause notice

before passing of the demolition order stating that said

reply could not be considered as it was pending in dak

and not placed in the unauthorized construction file.

Adjournment sought to file status report of the

property viz-a-viz details of the construction given in the

affidavit. Copy of the affidavit can be got from the

Registrar or may be supplied by the appellant.

Put up for filing status report and final

arguments on 13.03.2019.


of hearing.


23.08.2018

A.No. 491/12, 519/12

23.08.2018 Present : Sh.Virender Singh proxy counsel for Sh. K.B.

Gupta, counsel for the appellant.

Sh.Mohit Sharma, Sh. Shashikant Sharma,

counsel for the respondent.

Sh. Sanjay Sharma counsel for DDA and also

proxy counsel for Sh. P.K. Aggarwal alongwith

Nodal Officer Ms. Anju Sharma.

Status report in compliance of order dated

12.02.2018 was filed on 15.02.2018. Let the copy of the

same be supplied to the counsel for the appellant for filing

objection to the status report.

Put up for that purpose/arguments on

04.03.2019.


23.08.2018

A.No. 176/12, 111/12, 112/12, 177/12, 536/11

23.08.2018 Present : Sh.Sunil, proxy counsel for Sh. V.K. Arora,

counsel for the appellant.

Ms. Renu Soni, Nodal Officer for respondent.

Adjournment sought as main counsel for

appellant is not available.

At request, put up for final arguments on

26.03.2019.


23.08.2018

A.No. 234/16

23.08.2018 Present : Sh.Gaurav Jain , counsel for the appellant.


Counsel for the appellant states that

application has been filed, in case same is not filed it

will be filed within two weeks.

Put up this matter for filing of status report

on 06.03.2019.



23.08.2018

A.No. 649/10, 650/10

23.08.2018 Present : None for the appellant.

Sh.V.K.Aggarwal, counsel for the respondent.

It is revealed from the record that appeal was

dismissed as withdrawn on 11.07.2013 and matter was

adjourned for 23.08.2013 for action taken report under the

impugned order. In the meantime on 20.09.2013 status-quo

order was passed in writ petition no. 5225/13 by the Hon.

High court, it was ordered that MCD was not required to

take any coercive action qua the property till 08.01.2014.

However, MCD was directed to file status report regarding

vigilance inquiry against the official concerned and matter

was adjourned for 10.01.2014. On 10.01.2014 it was

revealed that stay was extended till 28.05.2014. It is also

revealed from the order sheet dated 09.10.2015 that the

matter was pending before the Ld District Judge, Tis Hazari

court. On 20.01.2016 status report was filed stating that due

to non-availability of the police force action could not be

taken and time was sought to take action in the property. On

01.08.2017 status report was filed stating that action could

not be taken due to non-availability of the police force.

Commissioner of police was directed to ensure that the

police force be provided to the respondent Corporation as

and when demanded by respondent Corporation for taking

action against the property in question. On 04.01.2018 it is

revealed that a letter of SHO Darya Ganj received intimating

that the police official be informed in advance atleast 10

days before demolition programme. It is evident that no

action was taken in pursuance of the impugned order till

date. It is stated that on 01.01.2018 and 02.01.2018 a

survey was carried out alongwith police and flat wise notice

u/s 349 of the DMC Act for vacation of the premises and

notice u/s 435 of the DMC Act for lock breaking of the

premises was issued. Further inspection was carried out in

the presence of police force on 04.05.2018 wherein names

of the owners/occupiers of the property were noted down by

the police and further action was fixed for 28.05.2018.

A.No. 649/10, 650/10

-2-

On 28.05.2018 no action was taken and action was

postponed for 04.06.2018 as police force was not provided

and no action was taken on the property on one reason and

the other, which does not appeal to this Tribunal. It is

submitted that further action will be taken in the month of

September 2018 and report will be submitted in the court.

For the last five years nothing has happened

in the matter, apparently incorrect and ambiguous report

has been filed and no action taken report has been filed.

Dy. Commissioner City S.P. Zone is directed

to appear in person for explanation and action taken report.

The present status report has been filed by

the JE(B) Sh. Rakesh Sharma. The filing of the status report

by the JE shows that how much respondent is serious to

carry out demolition action. Copy of this order be sent to

concerned Commissioner for information and issuance of

necessary directions to the concerned officials. In case no

action taken report filed, Tribunal will be constrained to

summon Commissioner for explanation.

Put up this matter for filing of status report and

ATR on 03.10.2018. Copy of this order be given dasti.


23.08.2018

A.No. 337/18


Sh. Madan Sagar, counsel for the respondent.

Sh. Anil Kumar AE(B).

Counsel for the appellant pointed out that

permission was granted to the respondent on 09.01.2007

and order is placed at page no. 34 of the paper book.

Despite that permission tower has been sealed on

11.04.2018. Thereafter representation against the sealing

was filed on 16.04.2018 and till date no action has been

taken on the said representation.

Respondent is directed to file status report

clarifying about the submissions of the counsel for the

appellant within two weeks failing which Dy.

Commissioner concerned will appear in person.

Put up on 19.09.2018.



23.08.2018

A.No. 433/17

23.08.2018 Present : Sh.Sarsij Naryanam, counsel for the appellant.

Sh.Dharmvir Gupta,counsel for the respondent.

Status report not filed regarding dismantling of

the tower.

It is stated by the counsel for the appellant that

settlement with the landlord has been documented on

03.07.2018 for that reason tower could not be dismantled.

Three weeks time sought to dismantle the tower by the

appellant.

For the purpose of dismantle the tower,

concerned AE(B) is directed to deseal tower/property in

question on 27.08.2018 for the period of three weeks to

facilitate the appellant to dismantle the tower and reseal

the same accordingly and thereafter filed the status

report. Copy of the settlement placed on record.


24.09.2018.



23.08.2018

A.No. 297/14



It is submitted that fresh application of the

appellant was received.

Adjournment sought to file the status

regarding decision on the application.

Put up for that purpose on 10.12.2018.

Interim orders, if any, to continue till next

date of hearing.


23.08.2018

A.No. 944/15


Ms. Sarita proxy counsel for Sh. Umesh Gupta,

counsel for the respondent.

Counsel for the appellant states that

application has been filed, in case same is not filed it

will be filed within two weeks.

Put up this matter for filing of status report

on 10.12.2018.



23.08.2018

A.No. 343/10, 129/10, 207/10, 05/10

23.08.2018 Present : Sh. Gaurav Jain, counsel for the appellant.

Sh. H.R.Aggarwal, counsel for the respondent.

Sh. Mohit Sharma proxy counsel for Sh. K.K.

Arora.

Adjournment sought to file fresh authority

letter as earlier one has expired.

It is stated that LPA is listed on 13.09.2018.

Adjournment sought.

Put up for filing authority letter, last

opportunity/arguments on 06.03.2019.


23.08.2018

A.No. 319/18


Sh.Madan Sagar, counsel for the respondent.

It is stated by the respondent that record

was produced on the same day. Status report /reply not

filed. It is submitted by the counsel for the appellant

that fresh regularization application has been moved on

09.10.2017.

Adjournment sought by the respondent to

file the status report regarding decision on the said

application.

Application has been on behalf of

respondent moved for waiver of cost. Heard. Same is

dismissed.

Put up for filing status report/deposit of

cost on 01.11.2018.


23.08.2018

A.No. 368/12, 79/14, 374/12

23.08.2018 Present : Sh. Gaurav Jain, counsel for the appellant.

Sh. Dharmvir Gupta/Sh. A.L. Agnihotri/ Sh. V.K.

Aggarwal counsel for the MCD.

Adjournment sought to file fresh authority

letter as earlier one has expired. It is stated that LPA is

listed on 13.09.2018.Adjournment sought.

Put up for filing authority letter, last

opportunity/arguments on 06.03.2019.


23.08.2018

A.No. 75/18, 87/18, 88/18 & 89/18 23.08.2018

Present : Sh. Rajat Mathur, counsel for appellant.

Sh. Vijay Tyagi, counsel for MCD alongwith

Sh. S.K. Katara, AE(B).

Status report filed stating that after searching through

diary register it revealed that none of the appellants have

applied for regularization with this Building Division.

On the last date, it was submitted on behalf of the

appellants by their counsel that regularization application is

pending with the respondent. However, on behalf of the

respondent it was submitted that in view of the order dated

17.04.2018 in the contempt petition no. 768/17 and CM No.

41191/17 no regularization can be granted to the appellant.

However, it was submitted that the application for

regularization will be dealt with as per law and will be

disposed off soon.

The matter was adjourned for filing status report

regarding regularization application and final arguments.

The status report filed today reveals that no

regularization application has been filed by the appellant

and in view of the status report, the submission made on

previous date by the counsel for appellant is apparently

false.

Today, previous counsel for appellant is not present.

Fresh Vakalatnama filed by new counsel for appellant and

he sought time to clarify from previous counsel in that

regard.

No proof of filing of regularization application has

been filed. It is being simply submitted by the Ld. counsel

for appellant that on instructions, he states that

regularization application has been filed.

A.No. 75/18, 87/18, 88/18 & 89/18 - 2 -

Appellants who are present are unable to clarify

whether they have applied online or by submitting the file

personally because if they have applied online, they would

have number of application and in case, they have applied

personally, they would have the receiving. Appellants are

unable to submit either of the two proof of filing

regularization application with the respondent.

In view of these facts, the stay granted in respect of

the property in question on 18.05.2018 stands withdrawn.

Appellants are directed to explain why false submission was

made on the last date by their previous counsel.

Respondent is at liberty to take action in the property of the

appellant in pursuance of impugned order.

Put up this matter for filing of status report by the

respondent and arguments on 03.10.2018.

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

Appellate Tribunal:MCD 23.08.2018

A.No. 71/18 to 74/18 & 90/18 to 93/18 23.08.2018

Present : Sh. Rajat Mathur, counsel for appellant.

Sh. Vijay Tyagi, counsel for MCD alongwith

Sh. S.K. Katara, AE(B).

Vakalatnama on behalf of appellant filed.

Status report filed stating that as per the record of the

respondent the appellant has not filed any application for

regularization with the Building Division. It is clarified that

there is no stay and respondent is at liberty to execute the

impugned demolition order.

Adjournment sought to file status report.

Put up this matter for filing of status report regarding

action taken and arguments on 03.10.2018.



A.No. 935/14 & 159/17 23.08.2018

Present : None for appellant.

Sh. H.R. Aggarwal / Sh. Dharamvir Gupta,

counsel for MCD.

Status report filed which states that no demolition

action has been taken in the property after 09.01.2017 on

the ground that the department was taking action regularly

on the property which are subject matter of PIL titled as

Kusum Sehgal Vs. North DMC.

This reasons shows that this is a false and frivolous

reason just to avoid in compliance of the direction dated

19.01.2018.

Concerned Dy. Commissioner is directed to remain

present for explanation.

Superintendent Engineer (Bldg.) concerned is also

directed to appear in person as the concerned AE(B) is not

present today.

Put up this matter for filing further status report in

compliance of the order dated 19.01.2018 and arguments

on 29.10.2018.

Copy of the order be given Dasti to both the parties

for compliance.



A.No. 266/15 23.08.2018

Present : Appellant in person.

Ms. Anju Sharma, JLO for DDA alongwith Sh.

Mahipal, AE (Bldg.) from DDA.

Sh. Gaurav, counsel for applicant.

Written submissions on behalf of applicant filed.

Copy supplied to the appellant as well as respondent DDA.

Counsel for appellant and counsel for respondent

DDA are not present today.

Adjournment sought.

Put up this matter for perusal of the written

submissions and hearing of oral arguments on 31.10.2018.



A.No. 02/18 & 03/18 23.08.2018

Present : Sh. Manish Kumar Chaudhary, counsel for

appellant.

Sh. Nitesh Gupta, counsel for MCD.

Concerned AE(B) is directed to remain present

whether any further action is required under impugned order

or not.


03.10.2018.



M.No. 17/18 23.08.2018

Present : None for applicant / appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

An application under section 456 of the DMC Act was

filed by applicant.

On the last date, no one has appeared on behalf of

applicant.

As per the order dated 05.06.2018 regarding filing

proof of illegal occupation of the property of the applicant by

respondent no. 4 and 5 were sought to be filed.

The application is dismissed in default as well as

non-prosecution.

File be consigned to record room.



Misc. in A.No. 985/17 23.08.2018


Ms. Renu Soni, Nodal Officer for SDMC.

Adjournment sought on behalf of the respondent to

deposit the costs which was imposed when matter was

remanded.

Put up this matter for deposit of costs within two

weeks and file status report on 29.10.2018.



A.No. 248/18 23.08.2018


Dasti process was not taken by the appellant.

Let the notice of the appeal and application be issued

to the respondent for producing the reply, record and status

report on 29.10.2018.



A.No. 201/18 23.08.2018


Sh. Harbansh Kaushal, counsel for MCD

alongwith Sh. Suresh Dua, AE(B).


Status report filed by the respondent.

Record produced. As per FIR dated 05.02.2018

property was booked for unauthorized construction in the

shape ground floor, first floor, second floor, third floor and

raising of column of wall at fourth floor.

Show cause notice was issued on 05.02.2018 and

sent through speed post.

Demolition order was passed on 21.02.2018 as no

reply to the show cause notice despite service was filed.

Demolition action took place partly in the property on fourth

floor on 18.06.2018 and 22.06.2018.

Concerned AE(B) is present and unable to explain

why demolition action was not taken in for the last two and

half month.

Concerned Dy. Commissioner is directed to look into

the matter. AE(B) seeks adjournment to file further status

report regarding further demolition action in pursuance of

impugned order.

Put up this matter on 25.10.2018.

Copy of order be given Dasti.

Record returned. Same be deposited with the

Registrar of this Tribunal.



A.No. 489/18 23.08.2018

Present : Ms. Radha Singh, counsel for appellant.

Sh. Sandeep Manglik, Nodal Officer for North

DMC.

Nodal Officer has produced the record. Status report

filed.

It is not clear from the record that under what

provision, sealing order has been passed. Sealing order

under section 345-A of the DMC Act is only appealable

before this Tribunal. Nodal Officer seeks adjournment to

clarify the said point.

Dy. Commissioner concerned is directed to appear in

person to clarify whether the order is under 345-A of the

DMC Act or under any other provision of the DMC Act.

The question arises regarding maintainability of

appeal before this Tribunal.

Put up this matter for that clarification on 11.10.2018.

Record be deposited with the registrar.

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

as prayed.



A.No. 243/15 & 1108/16 23.08.2018

Present : Appellant in person.


Advocate of the appellant is not available today.

Adjournment sought.

Put up this matter for final arguments on 12.03.2019.

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



A.No. 536/18 23.08.2018

Present : Sh. Rama Ranjit Singh, counsel for appellant.

Dasti process was not taken.

Adjournment sought to comply the previous order.

Put up this matter for service of notice to the

respondent as per previous orders on 06.09.2018.



A.No. 391/18 23.08.2018




Status report not filed. Record not produced.

Connected appeal against the demolition order is

listed tomorrow.

Let the record and status report be produced by

tomorrow i.e. 24.08.2018.

Concerned AE(B) is directed to remain present.

Copy of the order be given Dasti.



A.No. 76/18 23.08.2018

Present : Sh. Nikunj Garg, counsel for appellant.

Sh. Nitesh Gupta, counsel for MCD alongwith

Sh. Abdul Haq, JLO.

Ld. counsel for respondent MCD submits that the

status report could not be filed and record has not been

produced by the concerned Licensing Inspector.

Put up this matter again.



01.00 p.m.

Present : Sh. Nikunj Garg, counsel for appellant.

Sh. Abdul Haq, JLO from MCD alongwith Sh.

Pradeep Kumar, L.I.

JLO on behalf of respondent states that appeal is

time barred because notice dated 14.08.2015 was replied

by the appellant vide reply dated 22.08.2015.

Ld. counsel for appellant states that no sealing order

has been passed and the property has been sealed on

06.09.2017 and even on that day, the sealing notice was not

supplied.

Application seeking condonation of delay has also

been filed.

On the last date, two weeks time was sought to file

status report and produce the record.

Sh. Pradeep Kumar, L.I. is present and states that he

has joined in the month of May, 2018.

Service was affected on 02.02.2018 in the Law

Department of the respondent MCD.

A.No. 76/18 - 2 -

Concerned Dy. Commissioner is directed to appear

in person and file the record and explanation for not

producing the record for such a long time.

Put up this matter for filing of status report by the

respondent and arguments on 25.09.2018.

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

as prayed.



A.No. 541/18 23.08.2018

Present : Sh. Ikrant Sharma, counsel for appellant.

Present appeal has been filed against demolition

order dated 27.06.2018.

Let the notice of the appeal and application for

interim stay, if any, 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. Record be

deposited immediately in the Tribunal.

Put up this matter on 04.09.2018. Notice be given

Dasti, as prayed.



A.No. 542/18 23.08.2018











Dasti, as prayed.



A.No. 543/18 23.08.2018











Dasti, as prayed.



A.No. 544/18 23.08.2018











Dasti, as prayed.



A.No. 545/18 23.08.2018











Dasti, as prayed.



A.No. 546/18 23.08.2018











Dasti, as prayed.



A.No. 547/18 23.08.2018











Dasti, as prayed.



A.No. 548/18 23.08.2018











Dasti, as prayed.



A.No. 549/18 23.08.2018











Dasti, as prayed.



A.No. 550/18 23.08.2018











Dasti, as prayed.



A.No. 551/18 23.08.2018











Dasti, as prayed.



A.No. 23.08.2018

Present :



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