amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · poonam chaudhary) ad&sj-cum-p.o....

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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

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Page 1: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 2: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 3: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 4: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 5: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 6: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 7: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 8: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 9: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 10: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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.

Page 11: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 12: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 13: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 14: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 15: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

A.No. 379/2019. 15.07.2019 Present :

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

Appellate Tribunal:MCD 15.07.2019

Page 16: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 17: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 18: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

/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

Page 19: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 20: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 21: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 22: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 23: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 24: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 25: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 26: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 27: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld
Page 28: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 29: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 30: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 31: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

Page 32: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

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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

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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

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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

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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

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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

Page 39: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld
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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

Page 50: Amcdonline.gov.in/at/dailyordersnew/603_15.07.2019.pdf · POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD ... Arun Bali, Ld. counsel for appellant. Sh. Ashutosh Gupta, Ld

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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