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A.No. 585/12 30.01.2019
Present : Sh. B.D. Saini, counsel for appellant alongwith
appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Sh. G.K. Sharma, proxy counsel for Sh.
Surender Kumar, counsel for R-4 & R-5.
Written submissions have already been filed by the
counsel for appellant.
Respondent is directed to file written brief
submissions by next date of hearing positively.
Put up this matter for filing written submissions and
arguments on 14.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 1085/17 30.01.2019
Present : Sh. Vikas Gautam, counsel for appellant.
Sh. Rajiv Garg, Nodal Officer for North DMC.
Counsel for respondent is not appearing in the last
two dates. Concerned Commissioner be informed
accordingly.
Ld. counsel for appellant submitted that despite
objections to the demand of misuse charges calculated by
the respondent, the appellant has deposited the misuse
charges to the tune of Rs. 69,140/-.
It is stated that the property is commercial and same
is to be used for commercial purpose.
Respondent is directed to file status report regarding
where the property in question falls i.e. unauthorized colony,
unauthorized regularized colony or village abadi etc. and for
what purpose the property can be used.
Put up this matter for filing status report by the
respondent and arguments on 28.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 802/17 30.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. Madan Sagar, counsel for MCD.
Ms. Manorama Masih, counsel for Monitoring
Committee.
On 14.01.2019, respondent was directed to file clear-
cut status report because the status report filed on the said
date was ambiguous.
Today, status report filed stating that in compliance of
order dated 14.01.2019, since the present matter is
involving policy matter and requisite comments of the
Building Headquarter has been sought and file has been
sent to them and the comments are still awaited.
Respondent is directed to file clear-cut status report
in compliance of order dated 14.01.2019 within two weeks.
Status report be filed under the hand and signature of
Dy. Commissioner concerned.
Put up this matter for filing status report by the
respondent and arguments on 12.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 861/16, 888/16 & 1013/16 30.01.2019
Present : Sh. Munish Chokar, counsel for appellant.
Sh. Bhagirath Sharma, one of the appellant in
person.
Sh. V.K. Aggarwal / Sh. A.L. Agnihotri / Sh.
A.K. Mittal, counsel for MCD.
Sh. Inder Singh, applicant in person.
Sh. R.S. Kataria, Dy. A&C.
Dy. A&C is present and seeks adjournment to
produce the entire record.
Put up this matter for producing the said record and
arguments on 12.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 598/14 30.01.2019
Present : Sh. Kanwar Kochar, counsel for appellant.
Sh. Adil Hussain, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
Final arguments were already heard by Ld.
Predecessor. Fresh arguments need to be heard.
Both parties are directed to file written brief
submissions by next date of hearing positively.
Put up this matter for hearing fresh arguments on
01.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 644/18 30.01.2019
Present : Sh. Shreyak Gupta, counsel for appellant.
Sh. K.K. Arora, counsel for MCD.
Status report was filed on 23.10.2018 in compliance
of order dated 08.10.2018 under the hand and signature of
concerned Dy. Commissioner wherein it has been admitted
that there was a permission granted for installation of the
tower in the property on 15.05.2018.
In the end of status report, it is stated that show
cause notice was issued on 22.10.2018.
Ld. counsel for appellant stated that they have
already filed reply to the show cause notice.
Concerned AE(B) is directed to remain present
alongwith decision of show cause notice / status report on
25.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 1053/15, 1057/15 & 02/15 30.01.2019
Present : Sh. Sachin, proxy counsel for Sh. Gaurav
Jain, counsel for appellant.
Sh. K.K. Arora, counsel for MCD.
Status report was filed on 10.08.2018 in compliance
of order dated 09.11.2017 stating that IN was issued on
05.03.2018 with regard to the regularization application.
Adjournment sought to file status report regarding
decision taken on the said application.
Put up this matter for that purpose and final
arguments on 07.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 738/17 & 496/17 30.01.2019
Present : Sh. Ananya Giri, proxy counsel for Sh. Hariom
Gupta, counsel for appellant.
Sh. Adil Hussain, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
Status report filed but the said status report is not in
compliance of order dated 06.12.2017 wherein respondent
was at liberty to inspect the property on 11.12.2017 at 2.00
pm.
Status report filed today with respect to booking of
the property for unauthorized construction on 24.03.2017
and passing of demolition order dated 09.08.2018.
It is further stated that demolition action could not be
taken on various dates due to shortage of time.
Status report in compliance of order dated
12.07.2017 not filed.
AE(B) is also absent. Respondent is burdened with
costs of Rs. 10,000/- for not filing the status report.
Put up this matter for appearance of AE(B) / filing
status report / final arguments on 11.07.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 142/14 & 143/14 30.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council alongwith Sh. Anand
Prakash Tigga, Assistant Architect.
Ld. counsel for appellant submitted that the
application was filed on 12.07.2018 may be dismissed as
withdrawn.
In view of the submission, the said application is
dismissed as withdrawn.
Adjournment sought as counsel for respondent is not
feeling well.
Put up this matter for arguments on 01.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 917/18 30.01.2019
Present : Sh. Ashish Kapur, counsel for appellant.
Fresh appeal has been filed against the demolition
order dated 26.12.2017 alongwith application seeking
condonation of delay.
Let the notice of the appeal and application seeking
condonation of delay be issued to the respondent through
concerned Chief Law Officer. AE(B) is directed to appear in
person and file entire record of the proceedings, reply and
status report of the appeal on the date fixed.
Put up this matter on 06.02.2019.
Notice be given Dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 58/19 30.01.2019
Present : Sh. O.P. Verma, counsel for appellant.
Fresh appeal has been filed against the demolition
order dated 11.01.2019.
Ld. counsel for appellant pointed out that order itself
speaks that proper opportunity is not given for filling the
documents and personal hearing has also not been given
and the appellant was not given opportunity to remove non-
compoundable deviations, if any in the property.
Ld. counsel for appellant submitted that the appellant
is ready to remove non-compoundable deviations, if any,
pointed out by the respondent because the property has
been constructed as per regularized Plan.
In these facts and circumstances, it is a fit case for
grant of ex-parte interim stay.
Hence, respondent is restrained from taking any
coercive action in the property of the appellant bearing no.
3165, Mohalla Dassan, Peepal Mahadev, Hauz Qazi, Delhi-
06 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.
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.
A.No. 58/19 - 2 -
Let the notice of the appeal and application be issued
to the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person and file entire record
of the proceedings, reply and status report of the appeal on
the date fixed.
Put up this matter for filing reply, record and status
report by the respondent on 10.04.2019.
Copy of order be given Dasti for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 68/19
30.01.2019
Present : Sh. Vidhya Bhusan, counsel for appellant.
Fresh appeal has been filed against the demolition
order dated 24.01.2019 wherein DDA has been booked the
property for unauthorized construction in the shape of
deviations against the standard building plan.
Ld. counsel for appellant submitted that the appellant
has filed detailed reply to the show cause notice but the
same was not considered and the order has been passed in
cryptic manner because the appellant has instituted a Civil
Suit against the resident of ground floor for unauthorized
construction and instead of taking action despite direction of
Civil Court against the unauthorized construction in the flat
of defendant in the said Civil Suit, this property has been
booked illegally.
It is submitted that the appellant has purchased the
flat in the year 2004 and has not made any addition,
alteration and the property is in existence in the same
condition as was existing at the time of purchase from the
previous owner.
In these facts and circumstances, it is a fit case for
grant of ex-parte interim stay.
Hence, respondent is restrained from taking any
coercive action in the property of the appellant bearing flat
no. 70, Himalaya Apartment, Sector-2, Rohini, Delhi-85 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.
A.No. 68/19 - 2 -
Copy of affidavit will be provided to concerned AE(B)
by the appellant, who shall verify whether details of
construction mentioned in the affidavit are correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
Let the notice of the appeal and application be
issued to the respondent through concerned Chief Law
Officer. AE(B) is directed to appear in person and file entire
record of the proceedings, reply and status report of the
appeal on the date fixed.
Put up this matter for filing status report, reply and
record by the respondent on 22.04.2019.
Copy of the order be given Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 49/19 30.01.2019
Present : Sh. Ramneek Singh, counsel for appellant.
Fresh appeal has been filed against the demolition
order dated 03.01.2019 wherein property has been booked
for unauthorized construction in the shape of deviations
against the standard plan and erection of entire floor at
terrace of flat no. 12, SBI Colony, Rani Bagh, Delhi and the
property was booked on 23.10.2018.
After following due process of law, giving personal
hearing to the appellant, demolition order has been passed.
Ld. counsel for appellant submitted that the appellant
has not carried out any unauthorized construction.
After some arguments, Ld. counsel for appellant
requested to issue notice to the respondent as the
documents will be filed on next date of hearing.
Let the notice of the appeal and application be issued
to the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person and file entire record
of the proceedings, reply and status report of the appeal on
the date fixed.
Put up this matter on 04.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 26/13 30.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. Rajender Arya, counsel for New Delhi
Municipal Council alongwith Sh. Ashok Kumar,
Senior Assistant.
Ld. counsel for appellant has placed on record copy
of order of Hon’ble Supreme Court in LPA No. 7893/2018
dated 03.07.2018 and subsequent order dated 04.09.2018
and 02.11.2018 and 07.12.2018.
Vide order dated 03.07.2018, Hon’ble Supreme Court
has directed this Tribunal to decide the matter within four
weeks and the matter was adjourned for September, 2018.
This order of Hon’ble Supreme Court has been
brought in the notice of this Tribunal today by Ld. counsel
stating that on two dates when the matter was listed for
hearing i.e. 06.08.2018 and 30.10.2018, the notification
empowering the Presiding Officer to preside the Tribunal
and deal with the matter was not issued by the concerned
authority. The said notification has been issued on
12.11.2018.
Part arguments heard today.
Appellant as well as respondent are directed to file
written brief submissions by next date of hearing.
Put up this matter for remaining arguments on
04.02.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 799/13 30.01.2019
Present : Sh. Shiv Kumar Tiwari, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council and Sh. Anand Prakash
Tigga, Assistant Architect and Sh. Ashok
Kumar, Senior Assistant.
On 29.01.2018, Ahlmad was directed to tag already
decided files regarding the same property for different
portions. Misuse charges stated to have been deposited.
Ld. counsel for respondent submitted that the
basement can be used only for storage purpose.
Appellant is ready to use the same for the said
purpose.
Arguments heard.
Appellant is directed to file chain of ownership
documents within a week.
Put up this matter for clarification, if any / orders on
25.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 747/14 30.01.2019
Present : Sh. Sanjay Aggarwal, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council and Sh. Anand Prakash
Tigga, Assistant Architect and Sh. Ashok
Kumar, Senior Assistant.
Objections to the misuse charges / penalty filed by
the appellant. Copy supplied.
Put up this matter for final arguments on 13.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 730/14 30.01.2019
Present : Ms. Richa Srivastava, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council and Sh. Anand Prakash
Tigga, Assistant Architect and Sh. Ashok
Kumar, Senior Assistant.
Sh. Sanjay Aggarwal, counsel for R-2.
Adjournment sought as counsel for respondent is not
feeling well.
Put up this matter for final arguments on 13.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 386/16 30.01.2019
Present : Sh. Raj Mangal Kumar, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council and Sh. Anand Prakash
Tigga, Assistant Architect and Sh. Ashok
Kumar, Senior Assistant.
It seems that the calculation of misuse charges /
penalty has not been supplied to the appellant in
compliance of order dated 25.09.2017.
An application under Order 1 Rule 10 CPC was filed
on 27.07.2018.
Let notice of this application be issued and given
Dasti to the appellant.
Put up this matter for arguments on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 189/14 30.01.2019
Present : Sh. Vikrant Arora, proxy counsel for Sh.
Sanjeev Bhal, counsel for appellant.
Sh. Nilesh Sawhney, counsel for New Delhi
Municipal Council and Sh. Anand Prakash
Tigga, Assistant Architect and Sh. Ashok
Kumar, Senior Assistant.
It seems that no objections have been filed to the
status report regarding misuse charges.
Adjournment sought.
Main counsel for appellant is not available.
Adjournment sought as counsel for respondent is not
feeling well.
Put up this matter for final arguments on 05.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 796/17 30.01.2019
Present : Son of appellant.
Sh. Adil Hussain, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
Copy of chain of documents filed.
Original seen and returned.
Put up this matter for perusal and clarification, if any /
orders on 20.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 528/18 30.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report regarding regularization application filed
stating that the same has been rejected vide rejection order
dated 28.01.2019. Copy supplied.
Ld. counsel for appellant states that no IN was issued
and the appellant be directed to move application for
reopening of regularization filed as the liberty granted.
Put up this matter for final arguments on 15.05.2019.
Copy of order be given Dasti to both parties for
compliance.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 125/09 30.01.2019
Present : Sh. Pratyush Sharma, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Sh. K. Rehman, counsel for R-3 and R-4.
Status report was filed on 07.09.2018 and copy be
supplied to counsel for appellant.
It is stated in the status report that the structural
stability certificate was filed by the appellant on 10.05.2018
before this Tribunal which reveals that the inspection of the
property was carried out on 12.04.2018 at 3.00 pm but as
per the record no intimation in respect of the inspection was
given to the AE(B), South Zone, SDMC by the appellant.
Nothing is mentioned in the said status report
whether the respondent has any objections to the structural
stability certificate filed by the appellant on 10.05.2018.
In case, no objection filed to the said certificate by
next date of hearing, it shall be presumed that the
respondent has accepted the structural stability certificate.
Concerned AE(B) is directed to remain present for
explanation.
Put up this matter for final arguments on 02.05.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 825/16 & 647/15 30.01.2019
Present : Sh. Firoz Alam, counsel for appellant.
Sh. Shashikant Sharma / Sh. Abhishek
Kaushik, counsel for MCD.
Status report filed in compliance of order dated
13.09.2017 stating that the property was already booked for
unauthorized construction on 06.05.2017 in the shape of
ground floor. Sealing action took place and the property
was sealed on 12.08.2015 at one room at ground floor and
is still lying sealed.
Concerned AE(B) is absent.
It is not clear in the status report whether the property
is situated in the unauthorized colony or unauthorized
regularized colony.
Put up this matter for said clarification / filing status
report by the respondent and final arguments on
28.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 144/18 30.01.2019
Present : Sh. D.K. Mishra, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD
alongwith Sh. Tulsi Dass, UDC.
Status report regarding calculation of misuse charges
filed. Copy supplied.
Adjournment sought to deposit the same.
Put up this matter for deposit of misuse charges and
final arguments on 22.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 846/18 30.01.2019
Present : Sh. Pramit, proxy counsel for appellant.
Sh. Amit Kumar, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Status report was not filed even on previous date.
Record was also not produced.
Subject to costs of Rs. 10,000/- upon the respondent,
one more opportunity given to file status report and
producing the record.
Put up this matter for filing status report / record by
the respondent and arguments on 06.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 58/18 30.01.2019
Present : Sh. Shubham Jain son of the appellant in
person.
Sh. V.K. Aggarwal, counsel for MCD.
Sh. Rohit Kalra, counsel for applicant.
On 08.01.2019 two applications of applicants Sh.
Sanjay Garg, Ms. Sanjana Garg and Ms. Shakuntala Gupta
were disposed off and respondent was directed to file the
status report with regard to unauthorized construction in the
property by the appellant after passing of the order dated
24.01.2018. The said status report is not filed on the
ground that the order could not be communicated.
Adjournment sought to file the said status report.
Let the said status report be filed within two weeks.
Appellant has placed on record reply to the status
report of the respondent. Copy supplied.
Put up this matter for filing of status report by the
respondent and arguments on 15.03.2019.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 66/18 30.01.2019
Present : Sh. Shubham Jain son of the appellant in
person.
Sh. Shashikant Sharma, counsel for MCD.
Put up with connected appeal bearing
No.58/18 on 15.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 847/14 30.01.2019
Present : Sh. Vimal Dhingra, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Arguments heard.
Put up for clarification, if any / orders on 26.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 850/18 & 694/18 30.01.2019
Present : Sh. Ajay Dabas, counsel for appellant.
Sh. Devender Singh / Surinder Singh counsel
for respondent alongwith Sh. Lalit Sharma,
AE(B).
Status report filed placed in appeal No.694/18.
Appeal No.850/18 is against the demolition order
dated 09.07.2018. The property was booked on 29.06.2018
due to unauthorized construction at ff to fourth floor in
continuation of the previous booking dated 20.01.2018. On
20.01.2018 the property was booked for unauthorized
construction in the shape of ground floor. Show cause
notice was given on 20.01.2018 received by one Rakesh at
site. Demolition order was passed on 29.01.2018 with
respect to the ground floor.
No action was taken in pursuance of the said
demolition order. In the meantime subsequent booking as
mentioned above was done. After following the due process
of law demolition order was passed on 09.07.2018. The
said demolition order has been challenged in appeal
No.850/18 listed for today.
Appeal No.694/18 was already instituted against the
sealing of the same premises in pursuance of order dated
24.08.2018.
During the sealing action on 24.07.2018, fourth floor
was sealed at two points. Third floor was also sealed at one
point.
Today action taken report has been filed stating that
on 24.01.2019 demolition action was taken at the fourth
floor. Further demolition could not be taken at ground floor,
first floor and second floor as found occupied and could not
be vacated by the police force.
It is clarified that property has been sealed at third
floor and fourth floor whereas appellant is claiming that
second floor and third floor were sealed. The site has been
A.No. 850/18 & 694/18
inspected and it is found that the property consist of ground
floor to fourth floor and same has been mentioned as
ground floor in the booking dated 20.01.2018 and as per
booking dated 29.06.2019, first floor, second floor third floor
and fourth floor were booked.
It is evident from the record that the property was
initially booked for unauthorized construction on the ground
floor. In the meantime no action was taken by the
concerned JE(B) and AE(B) and the property was got
completed up to fourth floor and was allowed to be
occupied.
Ld. counsel for appellant stated that appellant is
ready to withdraw the appeal as demolition action has
already been taken. Concerned AE(B) seeks adjournment
to complete the demolition action and file the action taken
report.
Copy of the order be given dasti to the AE(B) to place
the same before the Commissioner, SDMC for taking action
against the concerned AE(B) & JE(B) in whose tenure the
property was allowed to be raised up to fourth floor.
Commissioner is directed to file action taken on next date of
hearing.
Put up for filing action taken report / status report and
arguments on 06.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
M.No. 65/13 30.01.2019
Present : Appellant in person.
Sh. V.K. Aggarwal, counsel for MCD.
Clarification as per order dated 24.01.2019 not done.
The status to the reference in the Hon’ble High Court
not filed.
Put up on 20.02.2019 for that purpose and
arguments.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 836/18 30.01.2019
Present : Sh. M.K. Chaudhary, counsel for appellant.
Ms. Nagina Jain, counsel for MCD. alongwith
Mohd. Shakeel, AE(B).
The appellant has challenged the order dated 11.05.2017
wherein order u/s 345A of the DMC Act was passed for sealing of
the property which has been booked on account of unauthorized
construction of loft in ground floor and lower the ground floor also.
The appellant has not challenged the demolition order
dated 13.01.2017. As per the status report filed today in Para
No.3 entire unauthorized construction as mentioned in the show
cause notice has already been removed.
The appellant applied for permanent desealing of the
property. The file was processed, ownership documents were
perused but ownership of the property was not established in
favour of Sh. Ram Gopal Yadav as all the ownership documents
were in the form of GPA. The ownership was not established in
favour of the appellant as such the property was not desealed.
Ld. counsel for appellant seeks adjournment to bring the
entire chain of the documents qua the property in question.
The respondent has no objection for desealing of the
property in question.
AE(B) concerned is present , states that no demolition
action is required in pursuance of the demolition order.
It is submitted by the AE(B) at the time of booking of the
property, the same was booked for unauthorized construction in
the name of Balvinder Singh, owner of first floor.
AE(B) concerned is directed to file clearcut status report
giving details whether there is any unauthorized construction in
the same building or not.
Put up this matter for filing of status report by the
respondent and arguments on 14.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 1201/15 30.01.2019
Present : Sh. S.S. Handa, counsel for appellant.
Sh. Adil Hussain, proxy counsel for Sh.
Naveen Grover, counsel for MCD.
It is submitted by the counsel for appellant apart from
son of the deceased appellant another legal hearing is Usha
Bajaj who is present in the court and already respondent
No.2 in the present hearing.
Ms. Usha Bajaj has submitted that he has no
objection if her brother is allowed to become a legal heir in
the present appeal.
Heard.
Ld. counsel for appellant submits that application
may be considered and allowed as per law.
In view of the above facts and circumstances, I allow
the application and Sh. Prem Chawla is allowed as legal
heir of the deceased appellant.
Amended memo not filed. Let the same be filed.
Put up for final arguments on 19.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 914/18 30.01.2019
Present : Ms. Bandana, counsel for respondent.
Sh. Dharamvir Gupta, counsel for MCD.
Memo of appearance on behalf of respondent filed.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Status report filed.
During the argument ld. counsel for appellant
submitted that the premises got destroyed / demolished due
to Mansoon season in the year 2016. Thereafter it is
submitted that minor repair has been done in the premises
after due permission.
The necessary repairs were permissible under the
law.
I have gone through the record, status report as well
as photographs placed on record. There is a delay of about
more than one year in challenging the order.
In view of the record there is no need of hearing on
interim stay application and matter will be heard finally.
The concerned AE(B) / JE(B) in whose tenure the
repairs were carried out shall remain present on next date
of hearing.
Put up for final arguments on 13.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 652/17 30.01.2019
Present : None for the appellant.
Sh. Suresh Dua, AE(B), Civil Lines Zone.
AE(B) filed status report counter signed by the Dy.
Commissioner stating that part demolition took place on
15.11.2018. Further action could not be taken due to half
day holiday. Further action is now fixed on 11.02.2019.
In case the proper action taken report is not filed on
next date of hearing in compliance of the impugned order,
Dy. Commissioner concerned will appear in person.
The said status report be filed under the hand and
signature of the Dy. Commissioner concerned.
Put up this matter for filing of status report by the
respondent and arguments on 15.03.2019. Copy of the
order be given Dasti to both the parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 672/18 30.01.2019
Present : Sh. R.N. Singh, counsel for appellant.
Sh. V.K. Aggarwal, proxy counsel for Ms. Manjusha
Jha, counsel for appellant alongwith Sh. A.S. Meena,
AE(B).
Previous AE(B) Manoj Kumar has been transferred.
Decision on the application for regularization application is
not taken.
It is stated that it decision will be taken in that regard
and will be communicated to the appellant within one
month.
Counsel for appellant submits that the respondent is
deliberately delaying as such appellant is unable to carry
out construction as per Sanctioned Building Plan.
Put up for filing status report and arguments on
18.03.2019. Interim stay, if any, is extended till next date
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 678/16 30.01.2019
Present : Sh. Prashant Sharma, counsel for appellant.
Sh. Abhishek Kaushik, counsel for respondent
alongwith Sh. Lalit Kumar, AE(B).
Status report filed stating that 10 times penalty in
respect of registration / conversion charges to the tune of
Rs.10,220/- on 10.12.2018.
Respondent is directed to clarify for what purpose the
premises can be used because counsel for appellant
submits that seven shops were sealed and five shops have
already been desealed by the orders of this Tribunal.
It is further clarified that premises lies in residential
area. The details of the shops which can be permitted in
the premises be also filed alongwith status report.
Put up this matter for filing of status report by the
respondent and arguments on 13.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 182/18 30.01.2019
Present : Sh. M.S. Butalia, counsel for appellant.
Ms. Renu Soni, Nodal Officer for SDMC.
The appellant has not served the respondent
properly. It is stated that he has deposited the copy of the
appeal with the EE(B) alongwith affidavit. Copy of the
affidavit which he has deposited with the EE(B) is not filed.
Some documents produced by the counsel for appellant
which does not contain the copy of the affidavit containing
the details of the property.
It is agreed by the ld. counsel for appellant that fresh
service will be affected by depositing the same with the Law
Department.
Fresh affidavit in compliance of the order dated
06.06.2018 be supplied to the AE(B) concerned who shall
file the status report.
Put up this matter for that purpose and arguments on
18.02.2019. Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 24/15 30.01.2019
Present : Proxy counsel for Sh. Suman Malhotra,
counsel for appellant.
Sh. Madan Sagar, counsel for respondent.
Sh. P.K. Rawal, counsel for R-2 to R-4.
Status report not filed by respondent No.1.
Adjournment sought to file the said status report in
compliance of the previous order.
Counsel for appellant is stated to be ill.
Adjournment sought by the proxy counsel.
Put up this matter for arguments on the application of
Respondent No.2 to 4 and final arguments on 08.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 638/14 30.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Sh. Shivender Vishwas, counsel for
application Sh. Hardeep Kr. Saini.
Counsel for applicant seeks to withdraw application
moved on 07.12.2017. The same is dismissed as
withdrawn.
An application for regularization has already been
moved by the alongwith relevant documents.
Copy supplied.
Put up for filing status report on the regularization
application and final arguments on 08.08.2019. Interim
stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 886/17 30.01.2019
Present : Sh. S.S. Rana, counsel for appellant.
Ms. Renu Soni, Nodal Officer for SDMC.
Sh. Tarun Dabas, counsel for respondent has not
appeared since 23.10.2017 i.e. from the last three dates.
Adjournment sought on behalf of the respondent for
arguments.
Put up on 30.05.2019 for final arguments. Last
opportunity.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 312/15 30.01.2019
Present : Sh. K.N. Singh, counsel for appellant.
Ms. Divya Gupta, proxy counsel for Sh.
Naveen Grover, counsel for MCD.
Sh. Vimal Dhingra, counsel for R-2.
Put up for arguments on the application under order
1 Rule CPC.
As per the status report filed in appeal connected
appeal No.439/17 the decision with respect to sanction
accorded in the name of Sh. Puran Chand Dawar, Sumit
Dawar, Ram Gopal and Smit. Sukeshni Aggarwal is likely to
be taken shortly.
Put up this matter for filing of status report by the
respondent and arguments on 15.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 439/17 30.01.2019
Present : Sh. Ajay Kumar, counsel for appellant.
Sh. Adil Hussain, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
Status report filed. Copy supplied.
Put up for arguments alongwith connected appeal
bearing No.312/15 on 15.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 91/15 30.01.2019
Present : None for the appellant.
Sh. Shashikant Sharma, counsel for MCD.
Status report regarding verification of the structure
mentioned in the affidavit filed wherein there is some
difference in the measurement at first floor.
Appellant is directed to clarify that difference.
Put up for clarification and final arguments on
08.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 629/13 30.01.2019
Present : Sh. T.C. Sharma, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report not filed regarding decision on the
application for regularization.
Dy. Commissioner concerned is directed to appear in
person on date fixed.
Put up this matter for filing of status report by the
respondent and arguments on 03.04.2019. Copy of the
order be given Dasti to both the parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 879/17 30.01.2019
Present : Sh. Vijay Gupta, counsel for appellant.
Sh. H.R. Aggarwal, counsel for MCD.
Sh. Vikas Sharma, counsel for applicant.
Reply to the application under order 1 Rule 10 CPC
filed.
Status report in compliance of the order regarding
action taken against the JE(B) has been filed wherein
warning has been issued to the JE(B).
Dy. Commissioner concerned is directed to appear in
person for explanation as to under what provision of CCS
Rules he has issued the warning because nothing has been
mentioned in that regard in the warning order.
It seems that the respondent has not complied the
order dated 17.10.2017.
Put up for compliance of the said order and final
arguments on 22.04.2019. Copy of the order be given
Dasti to both the parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 191/16 & 192/16 30.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Sh. Manmohan Singh, counsel for
Status report in compliance of the order dated
24.08.2018 not file.
Subject to cost of Rs.10,000/- one more opportunity
is given to file the said status report.
Reply to the application under order 1 Rule 10 CPC
not filed.
Put up this matter for filing of status report by the
respondent, reply of the application and arguments on
26.04.2019. Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
P.No.62/13 30.01.2019
Present : Ms. Indira Unninayar and Sh. Narayan
Krishan, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
None for Monitoring Committee.
Arguments from counsel for appellant heard. Written
brief submission on behalf of the appellant also filed.
Counsel for respondent MCD seeks adjournment to
file writte brief submission and for oral arguments, if any and
to file status report regarding requirement of Registration up
to 2009 as per clause 15.7.3 (x) of MPD-2021 as the
appellant has got registered with the MCD in the year 2011
Put up on 25.02.2019 for filing status report and for
filing written submissions by the respondent and oral
arguments, if any.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 71/19 30.01.2019
Present : Sh. Alok Singh, counsel for appellant.
This is an appeal against demolition order dated
22.01.2019.
After initial submission, ld. counsel for appellant does
insist upon the exparte stay.
Issue notice of the appeal and application 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 01.02.2019. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 489/18 30.01.2019
Present : None for the appellant.
Sh. V.K. Aggarwal, proxy counsel for
respondent.
Status report not filed.
Let the said status report be filed within two weeks.
Put up this matter for filing of status report by the
respondent on 13.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 172/18 30.01.2019
Present : None for the appellant.
Sh. V.K. Aggarwal, counsel for MCD.
alongwith Sh. A.K. Jain, AE(B).
Status report filed which shows that no action has
been taken despite declining of the interim stay.
The demolition action program is now listed on
01.02.2019.
Put up for filing the status report and final arguments
and filing of documents if any by the appellant on
28.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 708/18, 639/17, 709/17, 640/17 & 1045/17 30.01.2019
Present : Sh. B.S. Mathur, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Part arguments heard.
Put up for remaining arguments on 23.04.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
A.No. 663/15 30.01.2019
Present : None for the parties.
No time left.
Put up this matter for clarification, if any / orders on
12.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.01.2019
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