A.No. 1012/17 15.07.2019 Present : Sh. Saurabh Tiwari, Ld. counsel for appellant.
Sh. Gian Chand, Ld. counsel for North DMC.
Sh. M.P. Sharma, Ld. counsel for intervener / applicant.
An application has been moved by the intervener, copy of
the same be supplied to the ld. counsel for appellant and
respondent North DMC.
Be listed for reply to the application and arguments on
25.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 163/19 15.07.2019 Present : Sh. Anil Kumar Singh, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh. R.K.
Sethi,AE(B).
Ld. counsel for appellant seeks time to file brief synopsis.
Be listed for final arguments on 27.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
P.No. 242/13 15.07.2019 Present : None for the appellant.
Sh. H.R. Aggarwal, Ld. counsel for MCD.
Ms. Vinnie Sharma, Ld. counsel for Monitoring Committee.
Ld. counsel for Monitoring Committee submits that the
status report has already been filed.
Be listed for further proceedings on 25.11.2019.
POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
1.00 p.m. At this stage Professor Kamaljit Chibbar, Ld. counsel for
DDA appeared. He has been apprised of the order.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 758/18 15.07.2019 Present : Sh. Abhishek Singh, Ld. counsel for appellant.
Sh. Ashok Kumar, Senior Asstt. for NDMC.
Ms. Meenakshi Jha, Ld. counsel for application / intervener.
Notification conferring powers has not been received.
Be listed for further proceedings / arguments on the
application under order 1 Rule 10 CPC on 25.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 374/11, 375/11 & 394/13 15.07.2019 Present : Sh. Dinesh Pratap Singh, Ld. proxy counsel for appellant.
Sh. A.L. Agnihotri, Ld. counsel for SDMC in appeal
No.394/13.
Sh. Shashikant Sharma, Ld. counsel for SDMC in appeal
No.374/11 & 375/11.
Ld. counsel for appellant seeks adjournment as the main
counsel is unwell.
At request adjourned for final arguments on 05.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 474/18 15.07.2019 Present : Sh. Arun Bali, Ld. counsel for appellant.
Sh. Ashutosh Gupta, Ld. counsel for MCD with Sh. Sharwan
Kumar, L.I.
Ld. counsel for respondent seeks more time to file status
report clarifying whether the property in question is one of
the industrial units regarding which affidavit has been filed
by the Ld. Commissioner, MCD before Hon’ble Supreme
Court in the Writ Petition filed in M.C. Mehta Vs UOI Writ
Petition (C) No. 4677/1985, In case it is not one of the units
misuse charges and penalty be calculated and intimated to
the appellant.
Be listed for filing status report on 21.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 384/19 15.07.2019 Present : Sh. Anil Sharma, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Record filed.
Time is sought to file status report.
AE(B) to be present on next date with status report.
Be listed for arguments on the application for stay and
condonation of delay on 08.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 351/19 15.07.2019 Present : Sh. D.S. Khatri, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for SDMC.
None for the respondent No.2.
Vakalatnama on behalf of respondent filed.
Ld. counsel for respondent states that the record will be filed
during the course of the day.
Time is sought to file status report.
Ld. counsel for appellant states that appeal has been filed
against the sealing order dated 23.04.2018.
Be awaited for 12.30 p.m.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 644/14 15.07.2019 Present : Sh. G.D. Mishra, Ld. counsel for appellant.
Sh. Madan Sagar, Ld. counsel for North DMC with Sh. D.
Prakash, SSA Rohin Zone.
Ld. counsel for appellant seeks time to file documents.
Ld. counsel for respondent states that no property tax has
been paid by the appellant in respect of the property in
question and he will file a status report in this regard.
Be listed for final arguments on 15.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 379/19
15.07.2019
Present : Appellant with Ld. counsel Sh. Praveen Goswami.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
This is an appeal against order of demolition dated
02.11.2018. Lt. counsel for appellant has prayed for interim
stay. The averments made are that the appellant had
purchased 3rd and 4th floor with roof rights of the property in
question No. 6536-9B, Gali No. 1, Dev Nagar, Hardian
Singh Road, Karol Bagh, New Delhi, on 09.03.2016 vide
Regd. Sale deed . It is also stated that and the construction
is an old one and no new construction has been raised. It is
further stated that no show cause notice or order of
demolition was served upon the appellant the demolition
order had been issued in the name of Sh.Banarsi Dass and
Sh. Dharam Pal although the appellant is the owner and in
possession of 3rd and 4th floor of the property in question.
Status report has been filed stating that unauthorized
construction in the shape of entire basement and 4th floor
alongwith projection on municipal and at all floors on front
and rear side and deviations/excess coverage against the
sanctioned Building Plan at ground floor, first floor, second
floor and third floor of the property had been issued to the
owner/occupier. But as no reply was received,
`The demolition order was passed on 02.11.2018 and
the same was served by way of pasting on 12.11.2018. It is
further stated that demolition action had been taken in the
property in question on 06.06.2019. and the roof slab of
mumty and walls of mumty floor had been demolished. It is
further stated that the appeal is barred by limitation.
I have heard the Ld. counsel for parties and perused the
record. The record shows the demolition order was served
by way of pasting at the site on 12.11.2018.
Ld. counsel for respondent submitted that the
appellant had not applied for mutation of the property in
their name till date as such show cause notice was served
on the owners as per the record of MCD. It is also stated
that Building Plan of the property in question was
sanctioned on 18.05.2015. Ld counsel for respondent has
placed on record a copy of the Sanctioned Building Plan of
the property in question according to which the basement
and 4th floor had not been sanctioned. Thus, appellant
cannot claim protection of the unauthorized construction on
the 4th floor.
Moreover, sale deed in favour of appellant is dated
09.03.2016. The date of energisation on the electricity bill in
respect of 3rd floor is of 15.02.2017. There is no document
to show that construction as alleged existed on or before
08.02.2007 to claim the protection of Delhi Laws (Special
Provision Second Act) 2011 amended w.e.f. 31.12.2017.
The appeal is also barred by limitation, the question
of limitation is to be decided first. Thus no case is made for
interim stay. The application stands dismissed.
Be listed for final arguments on 08.08.2019.
(POONAM CHAUDHARY)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
15.07.2019
A.No. 397/19 15.07.2019 Present : Sh. Ramit Malhotra, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh.
Mohinder Singh, L.I.
Status report filed stating that notice was served u/s 345A
read with 347 of the DMC Act the appellant in respect of
the property in question in compliance of the directions of
the Hon’ble Supreme Court in case titled M.C. Mehta Vs
UOI Writ Petition (C) No. 4677/1985.
Ld. counsel for appellant submits that appellant has been
granted no objection by the MCD vide letter dated
15.12.1989 for running the trade in the property in question.
Ld. counsel for respondent seeks time to file further status
report in this regard.
Be listed for arguments on the maintainability of the appeal
on 18.07.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 294/14 15.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Ld. counsel for appellant submits that LPA is pending before
the Hon’ble High Court.
Be listed for awaiting orders of the Hon’ble High Court and
further proceedings on 28.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No.81/14 15.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Ld. counsel for appellant submits that LPA is pending before
the Hon’ble High Court.
Be listed for awaiting orders of the Hon’ble High Court and
further proceedings on 28.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 379/2019. 15.07.2019 Present :
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 386/16. 15.07.2019 Present : Shri S.K. Dubey with Shri Rajmangal Kumar Ld. counsel for
appellant .
Shri Nilesh Sahani, Ld. counsel for NDMC.
Notification conferring powers has not been received.
Ld. counsel for appellant states that he has not
received any intimation/ letter regarding misuse
charges to be deposited. Ld counsel for respondent
states that an intimation regarding misuse charges
had been sent to the appellant. status report in this
regard be filed by the respondent.
Be now listed for reply and arguments under order 1
Rule 10 read with Section 151 CPC and further
proceedings on 03.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 815/17 15.07.2019 Present : None for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Be awaited at 12.30 PM.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
12.30 PM Sh. Vimal Dhingra, Ld. counsel for appellant .
Sh. Dharamvir Gupta, Ld. counsel for MCD. AE(B) concerned to be present on next date with 35 copies of record. Be listed for further proceedings on 05.09.2019
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
/A.No. 247/19. 15.07.2019 Present : Appellant with Ld. counsel Sh. Amit Tomar.
Shri Rajiv Garg, ALO/Keshavpuram Zone.
Status report filed, copy supplied to Ld. counsel for
appellant .
Be listed for arguments on maintainability of the appeal on
23.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. M in A.No.593/18 15.07.2019 Present : None for appellant.
None for respondent.
Show cause notice be issued to concerned AE(B) to appear
with the action taken report .
Be listed for filing of action taken report on 09.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. M in A.No.67/15 and 68/15. 15.07.2019 Present : None for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Be listed for further proceedings on 20.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 109/18. 15.07.2019 Present : Sh. K.S. Verma, Ld. counsel for appellant .
Shri Madan Sagar, Ld. counsel for respondent .
Ld counsel for applicant.
Ld. counsel for appellant states that he has not
received the copy of the application under 1 Rule 10 CPC.
The same be supplied during the course of the day.
Be listed for reply and arguments on the application on
24.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 830/18 15.07.2019 Present : None for appellant.
Sh. H.R. Aggarwal, Ld. counsel for MCD.
Sh.B.B. Bhardwaj, Licensing Inspector.
Ld. counsel for respondent states that as main file has been
summoned by Ld. Commissioner, status report could not be
prepared.
At request adjourned for filing status report on 13.09.2019..
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 631/18. 15.07.2019 Present : Mohd. Asif, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Show cause notice be issued to the AE(B) concerned to be
present on next date of hearing with reply to the application
for condonation of delay and further status report .
Be listed for arguments on the application for condonation of
delay and stay o n 20.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 627/18 15.07.2019 Present : Sh. B.S. Sharma, Ld. counsel for appellant
Sh.Satish Sangwan, Ld counsel for respondent .
Sh. V.K. Aggarwal, Ld. proxy counsel for MCD.
Ld. counsel for appellant and Ld. counsel for respondent
states that they have not received the copy of application
moved by the intervener. The same be supplied during the
course of the day.
Be listed for reply and arguments on the said application
and final arguments on 01.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 292/17 15.07.2019 Present : None for appellant.
Shri Mohit Sharma, Ld. counsel for respondent
No one has appeared on behalf of the appellant despite
several calls even on previous date, none appeared for
appellant. It appears that appellant is not interested in
pursuing the present appeal.
Hence, the appeal is dismissed in default and for non
prosecution. Resultantly impugned order stands confirmed.
Respondent is at liberty to take action in the property in
question in pursuance of the impugned order and file status
report before Dy. Commissioner .
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 508/17 15.07.2019 Present : None for appellant.
Shri Mohit Sharma, Ld. Counsel for respondent
No one has appeared on behalf of the appellant despite
several calls even on previous date, none appeared for
appellant. It appears that appellant is not interested in
pursuing the present appeal.
Hence, the appeal is dismissed in default and for non
prosecution. Resultantly impugned order stands confirmed.
Respondent is at liberty to take action in the property in
question in pursuance of the impugned order and file status
report before Dy. Commissioner.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 56/17. 15.07.2019 Present : Sh. R.P. Kaushik, Ld. counsel for appellant .
Shri Amit Mishra, Ld. counsel for respondent.
Ld. counsel for parties seek more time to file brief synopsis.
Be listed for final arguments 24.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 289/17. 15.07.2019 Present : Appellant in person .
Gh. Gian Chand, Ld. counsel for respondent .
Appellant seeks adjournment as the main counsel is out of
station.
At request, adjourned for final arguments with the
connected appeal on 23.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 903/18. 15.07.2019 Present : appellant with Ld. counsel Sh. Fanish Jain.
Sh. Ashutosh Gupta, Ld. counsel for respondent .
Reply to show cause notice alongwith affidavit of the
appellant and site plan filed by the appellant. Copy supplied.
Ld. counsel for respondent seeks time to file status report in
this regard after verifying the facts stated in the affidavit.
Be listed for final arguments on 09.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 177/17 15.07.2019 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
Status report filed. Ld. counsel for appellant states that an
application for recalling the order dated 06.02.2018 has
been made.
Heard in view of the submission made in the application.
The order dated 06.02.2018 is recalled with the directions
to be careful in future. The appearance of Dy.
Commissioner is exempted.
Application stands disposed off.
To come up for further proceedings on 18.09.2019 to file
status report in terms of order dated 03.08.2017.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 177/17 15.07.2019 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
An application has been moved by respondent for recalling
of the order dated 06.02.2018.
Heard.
in view of the submission made in the application the order
dated 06.02.2018 has been recalled with the directions to
respondent to F397
be careful in future. The appearance of Dy. Commissioner
is exempted as prayed for.
Application stands disposed off.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 400/18 15.07.2019 Present : Mohd. Yusuf, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Brief synopsis filed on behalf of the appellant.
Be listed for final arguments and further proceedings on
20.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 815/17. 15.07.2019 Present : None for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Ld. counsel for respondent states that original record of
MCD has been seized by CBI in case tiled CBI Vs. Tarsem
Pal & Anr. in RC No.29(8)2014/CBI/ACB/ND CC No.138/14.
More time is sought to obtain the certified copies of the
same and to tile it.
Be awaited till 12.30 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
15.07.2019 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
AE(B) concerned to be present on next date with certified
copies of record.
Be listed for further proceedings on 05.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 177/17. 15.07.2019 Present : None for appellant.
Sh. Abdul Haq, Nodal Officer from North DMC with AE(B)
Sh. V.K. Gupta.
Status report filed.
Be awaited till 12.30 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 386/16. 15.07.2019 Present : Sh. S.K. Dubey, Ld. counsel for appellant.
None for New Delhi Municipal Council.
Notification conferring powers has not been received.
Be listed for respondent till 2.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 247/19. 15.07.2019 Present : None for appellant.
Sh. K.K. Arora, Ld. counsel for North DMC with Sh. Rajiv
Garg, ALO and Sh. Brij Mohan, LI.
Fresh vakalatnama on behalf of respondent filed.
Status report filed stating that the property in question no.
B-8, Ground Floor, Sadar Nagar, Delhi-110009 was being
misused for running manufacturing of scientific instruments
in a non conforming area, as such the property in question
was sealed on 23.11.2017. It is further stated that the
property falls in the residential area wherein no
industrial/commercial activity is permissible as per the
provisions of MPD-2021. It is further stated that the
property in question cannot be re-opened without the
permission of the Hon’ble Supreme Court. A copy of the
status report kept on record to be supplied to the appellant.
Record is deposited with the Registrar.
Be awaited for 12.30 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
12.30 p.m. 15.07.2019 Present : Appellant with Ld. counsel Sh. Amit Tomar.
Sh. Rajiv Garg, ALO/ Keshavpuram Zone.
Status report filed, copy supplied to Ld. counsel for
appellant.
Be listed for arguments on maintainability of the appeal on
23.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 407/17 and 234/16. 15.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V.K. Aggarwal and Sh. Anupam Bhati, Ld. counsels for
EDMC. Fresh vakalatnama on behalf of respondent filed in
appeal no. 234/16.
This is an appeal against order of sealing of the
transmission tower installed in the property question.
As per the status report of respondent mobile tower was
erected without the permission from EDMC / respondent.
Status report filed stating that on inspection it has been
found that the mobile tower has been completely removed
by the appellant from the property in question, photographs
of the same have been filed, copy of status report supplied.
In view thereof, as the appeal has become infructuous,
same stands disposed off. The record of respondent be
returned. File be consigned to Record Room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 376/16, 305/12, 376/12, 418/15, 375/12, 265/13, 373/14 and 372/14. 15.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Ms. Akanksha Dhami, Sh. V.K. Aggarwal, Sh. Surinder
Singh and Sh.A.L. Agnihotri, Ld. counsels for SDMC.
Ld. counsel for appellant states that LPA is pending before
the Hon’ble High Court and is listed for 02.08.2019.
An application has been moved on behalf of appellant u/s.
14 of Insolvency and Bankruptcy Code, copy be supplied.
Heard, in view of the appointment of Interim Resolution
Professional (IRP) by the NCLT, Mumbai, notice of the
application be issued to Interim Resolution Professional
(IRP) for next date.
Be listed for further proceedings on 28.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 84/17. 15.07.2019 Present : Both appellants with Ld. counsel, Sh. Rakesh Aggarwal.
Sh. Shashi Kant Sharma, Ld. counsel for EDMC with Sh.
Abdul Haq, Nodal Officer for respondent.
Reply to the status report filed on behalf of appellants, copy
supplied.
Ld. counsel for respondent seeks time to go through the
reply of the appellants and file further status report, if
required.
Be now listed for final arguments on 29.08.2019.
Concerned AE(B) to be present on the next date.
A copy of the order be given Dasti to ld. counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 897/18. 15.07.2019 Present : None for appellant.
Sh. Kshitij Vats, Ld. counsel for SDMC.
In the status report dated 29.01.2019, it is stated that as the
property in question was used for running gymnasium in
violation of the sanctioned permissible user and against the
MPD 2021, show cause notice was given to the owner and
thereafter sealing order was passed. It is further stated that
the seal affixed by the respondent were found to be
tampered with.
None is present on behalf of appellant.
Be listed for further proceedings on 03.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 36/19. 15.07.2019 Present : Sh. A.K. Mishra, Ld. counsel for appellant.
Sh. Vikram Aggarwal, Ld. counsel for SDMC.
More time is sought to file status report.
Show cause notice be issued to AE(B) concerned as he is
absent despite being directed to be present today.
EE(B) to be present on the next date with the status report.
To come up for arguments on the applications for
condonation of delay and stay on 16.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 196/18. 15.07.2019 Present : Sh. A.K. Mishra, Ld. counsel for appellant.
Sh. Vikram Aggarwal, Ld. counsel for SDMC.
Be listed for arguments with the connected appeal on
16.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 249/18. 15.07.2019 Present : Appellant in person.
Sh. Ashok Kumar, Sr. Assistant, New Delhi Municipal
Council.
Notification conferring powers has not been received.
More time is sought to file status report.
Be listed for further proceedings on 09.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 508/18. 15.07.2019 Present : Sh. Farhan, Ld. Proxy counsel for appellant.
Sh. Ashok Kumar, Sr. Assistant, New Delhi Municipal
Council.
Notification conferring powers has not been received.
Ld. counsel for appellant states that he has not received the
copy of status report, the same be supplied.
Be now listed for further proceedings on 18.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 797/17. 15.07.2019 Present : Sh. Abdul Kalam, Ld. Proxy counsel for appellant.
Sh. K.K. Arora, Ld. Proxy counsel for North DMC with Sh.
Rajiv Garg, ALO.
Proxy counsel for appellant states that the appeal is to be
withdrawn, however, main counsel is not available today.
Accordingly, be listed for further proceedings on
13.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 396/19. 15.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. Tarun Sabharwal, Ld. counsel for SDMC.
Memo of appearance on behalf of respondent filed.
Time is sought to file status report and record.
Ld. counsel for appellant presses for interim stay.
This is an appeal against order of demolition dated
24.05.2018. It is submitted that permission has been
granted by respondent vide letter dated 02.11.2018 bearing
no.D/613/EE(B)-II/WZ/2018 AEJ for erection of tower on
the roof top in the property in question bearing no. 86 (Old
No. 66/2), Khasra No. 11/8, Gupta Enclave, Vikas Nagar,
Village-Hastsal, New Delhi-110059.
Heard, In the said facts and circumstances respondent is
restrained from taking coercive action in respect of the
telecom tower installed on the roof top in the property in
question bearing no. 86 (Old No. 66/2), Khasra No. 11/8,
Gupta Enclave, Vikas Nagar, Village-Hastsal, New Delhi-
110059 in terms of the impugned order dated 24.05.2019 till
next date of hearing.
However, this order is subject to any order passed by the
Hon’ble Supreme Court / Hon’ble High Court / Hon’ble NGT
about sealing and demolition in respect of the property in
question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days failing which stay order
granted shall be deemed to be vacated.
Copy of affidavit will be provided to concerned AE(B) by the
appellant, who shall verify whether details of construction
mentioned in the affidavit are correct or not.
A.No. 396/19.
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.
Notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear and file entire record of the proceedings,
reply and status report of the appeal on date fixed.
Be listed now for final arguments on 16.10.2019.
A copy of this order be given Dasti to Ld. counsel for the
parties, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 946/17. 15.07.2019 Present : Appellant in person.
Sh. Abdul Haq, Nodal Officer from North DMC.
More time is sought to file status report regarding
regularization application moved by the appellant, last
opportunity is granted.
AE(B) to be present with the report on the next date.
Be listed for further proceedings on 23.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 509/18, 510/18 and 243/18. 15.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. V.K. Aggarwal and Sh. Dharamvir Gupta, Ld. counsels
for North DMC.
Ld. counsel for appellant states that rectification plan has
been submitted with the MCD on 01.03.2019. status report
regarding the same be filed.
Be now listed for further proceedings on 20.09.2019.
A copy of order be given dasti to respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 930/14, 95/17, 88/17, 1103/18, 305/14 and 1087/16. 15.07.2019 Present : Sh. Abhishek Gupta (in appeals no.930/14, 1103/16 and
1087/16) and Sh. K.N.Singh, (in appeal no.305/14), Ld.
counsels for appellants.
Sh. Dharamvir Gupta and Sh. Madan Sagar, Ld. counsels
for North DMC.
Ms. Nagina Jain, Ld. counsel for DDA in appeal no. 88/17.
Objections filed by appellant in appeal no. 305/14, copy
supplied.
Ld. counsel for respondent seeks time to inspect the record
and file status report.
Be now listed for further proceedings on 30.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 351/19 15.07.2019 Present : Sh. D.S. Khatri, Ld. counsel for appellant.
Sh. Shashi Kant Sharma, Ld. counsel for SDMC.
None for the respondent No.2.
Fresh vakalatnama on behalf of respondent filed.
Time is sought to file the status report and record.
By way of present appeal, the appellant has assailed order
of sealing dated 23.04.2018.
Ld. counsel for appellant has placed on record an order
passed by the Ld. Appellate Court. An appeal had been
filed assailing order of this Tribunal dated 04.06.2019. The
said appeal was dismissed being pre-mature by Ld.
Appellate Court.
While disposing of the appeal it was directed that till next
date of hearing before ATMCD, the demolition action will not
be carried out. The interim relief was granted only the date
of hearing i.e. till today.
Ld. counsel for respondent states that an appeal was filed
against the order of demolition in respect of the property in
question bearing appeal No.358/18.
Accordingly be listed with connected appeal on 17.07.2019.
AE(B) to be present on the next date with record and status
report.
Ld. counsel for appellant states that he is ready to remove
the unauthorized construction which is non compoundable.
Be listed for arguments on the application for stay on
17.07.2019.
A copy of the order be given Dasti to ld. counsel for parties,
as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 310/17 15.07.2019 Present : Sh. Mohit Verma, Ld. counsel for appellant.
File taken up on the application moved on behalf of the
appellant early hearing.
Notice be issued to the respondent for 20.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
M.No. 13/19 15.07.2019 Present : Sh. Brijesh Gupta, Ld. counsel for appellant.
File taken up on the application moved for restoration of the
appeal.
Notice be issued to the respondent for 26.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
M.No.50/17, 10/18 & 12/19 15.07.2019 Present : Sh. Vinay Kumar Arora, Ld. counsel for appellant.
File taken up on the application moved for recalling of the
order dated 30.10.2018 whereby the appeal was withdrawn.
Notice be issued to the respondent for 16.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 409/19 15.07.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of the DMC Act against order
of demolition dated 05.01.2016 alongwith application for
stay and condonation of delay. Be checked and registered.
Notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear and file entire record of the proceedings,
reply and status report of the appeal on date fixed.
Be listed for arguments on the application for stay and
condonation of delay on 05.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 373/19 15.07.2019 Present : Sh,. G.S. Ahuja, Ld. counsel for appellant.
Fresh appeal filed u/s 347(B) of the DMC Act against order
of revocation dated 29.04.2019.Be checked and registered.
Notice of the appeal be issued to the respondent through
concerned Chief Law Officer. AE(B) is directed to appear
and file entire record of the proceedings, reply and status
report of the appeal on date fixed.
Be listed for consideration on 02.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 374/19 15.07.2019 Present : Sh,. G.S. Ahuja, Ld. counsel for appellant.
Fresh appeal filed u/s 347(B) of the DMC Act against order
of revocation dated 29.04.2019.Be checked and registered.
Notice of the appeal be issued to the respondent through
concerned Chief Law Officer. AE(B) is directed to appear
and file entire record of the proceedings, reply and status
report of the appeal on date fixed.
Be listed for consideration on 02.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 859/18 15.07.2019 Present : Sh. Vikas Chhabra, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for respondent.
An application moved under Order 1 Rule 10 CPC. Copy
supplied.
Ld. counsel for appellant states that Writ Petition
No.1102/2017 titled Joginder Singh Ruhella & Ors Vs North
DMC and Others has been filed before the Hon’ble High
Court wherein the appellant had submitted that she would
implead Joginder Singh Ruhella, Raj Singh Ruella, Rajat
Ruhella as parties in the present appeal.
Be listed for arguments on the application under Order 1
Rule 10 CPC and stay on 07.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019
A.No. 414/18 & 415/18 15.07.2019 Present : Sh. R.N. Oberoi, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Vide separate detailed common order, both the appeals are
allowed and remanded back to the respondent.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. Files be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.07.2019