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A.No. 277/16 16.10.2018
Present : None for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
None has appeared on behalf of the appellant.
Put up this matter at 02.00 pm.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
02.30 pm
Present : Sh. Kishor Kumar, proxy counsel for Sh. H.S.
Dhawan, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Adjournment sought by the appellant.
In the interest of justice, last and final opportunity is
granted for withdrawal of the appeal / final arguments on
26.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to
694/17, 741/17 to 743/17 & 707/17
16.10.2018
Present : Sh. O.P. Verma / Sh. R.S. Chaggar / Sh.
Gaurav Kakkar / Ms. Priya Pathania / Sh.
Saurabh Pathak / Sh. Lakshay Raheja,
counsel for appellants.
Sh. Naresh Kumar / Ms. Vasu Singh / Sh. P.K.
Chauhan / Sh. Shashikant Sharma / Ms.
Nagina Jain / Sh. V.K. Aggarwal / Sh. Umesh
Gupta / Sh. Prashant Kumar Bhardwaj / Sh.
Vikas Gupta / Sh. Harbans Kaushal / Sh.
Ashok Kumar Khosla / Sh. Madan Sagar / Sh.
A.L. Agnihotri / Sh. H.R. Aggarwal / Sh. P.K.
Parasar, proxy counsel for Sh. S.K. Pruthi /
Sh. Amit Kumar Mittal / Sh. Amit Kumar, proxy
counsel for Sh. Naveen Grover / Sh. Vikas
Rohtagi, counsel for North DMC alongwith Sh.
R.K. Jain, AE(B) and Sh. Rajiv Garg, Nodal
Officer for North DMC.
Fresh Vakalatnama of Ms. Priya Pathania on behalf
of appellant filed in appeal no. 707/17.
Status report filed.
At the very outset, it is submitted by Sh. Rajiv Garg,
ALO and Sh. R.K. Jain, AE(B) that LOSC has taken a
decision on 15.10.2018 and the minutes are yet to be
received and the status report on the basis of said decision
alongwith copy of decision will be submitted within four
weeks.
In the status report filed today, it is submitted that
application for compounding of deviations of the flats in
question were examined by the department and the same
has been rejected by the competent authority after
considering the opinion given by the Building HQ.
A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to
694/17, 741/17 to 743/17 & 707/17
Nothing is mentioned in the status report in respect of
how many and which flat rejection order has been filed
though the individual order has been attached with the
status report.
Respondent is directed to file the status report for
each flat so that the said order may be placed / given to the
appellant who has filed separate appeal.
Copy of status report alongwith individual order has
already been supplied to counsel for appellant.
Put up this matter for filing status report regarding the
decision of LOSC on 13.12.2018.
Original order is placed in appeal file no. 550/17.
Attested copy of this order be placed in other appeals as
mentioned above.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 868/17 16.10.2018
Present : Sh. Subhash, brother of appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Adjournment sought as counsel for appellant is not
available.
Concerned AE(B) is directed to appear in person on
next date of hearing for making the statement as tracking
record of service of show cause notice has not been filed.
Put up this matter for that purpose and further
proceedings on 23.10.2018.
Copy of order be given Dasti to counsel for
respondent for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 701/18 16.10.2018
Present : Sh. K.B. Gupta, counsel for appellant
alongwith appellant.
Sh. Shashikant Sharma, counsel for MCD
alongwith Sh. Hukum Singh, AE(B).
Status report filed by the appellant.
Ld. counsel for appellant submitted that due to
inadvertent mistake the affidavit as was directed on
previous date could not be filed on the assumption that the
affidavit earlier filed with the appeal should be considered.
A request is made to permit the appellant to supply
the said copy of the affidavit to the AE(B) concerned.
In the interest of justice, subject to costs of Rs.
5,000/- to be deposited today with the Registrar, request for
supplying the affidavit to the AE(B) is allowed.
Let copy of affidavit be placed on record with the
directions to place one copy before this Tribunal and with
the directions to supply one copy to the respondent
alongwith site plan today.
Reply to the application u/s 5 of Limitation Act was
already filed. Once the status of construction is received,
the application for interim stay will be considered on merit
on next date of hearing.
Put up this matter for filing status report by the
respondent and arguments on interim application on
10.12.2018.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 30/16 & 582/16 16.10.2018
Present : Ms. Bhawna, proxy counsel for Ms. Aditya
Nayyar, counsel for appellant.
Ms. Nagina Jain / Sh. V.K. Aggarwal, counsel
for MCD.
Status report filed stating that property has been
regularized by the department upon getting the applicable
compounding fee for regularization of existing construction
deposited by the appellant and for the present, there is no
requirement for execution of demolition order keeping in
view of present status of building at site.
Alongwith status report, copy of original noting dated
28.09.2018 is also submitted that these noting are the order
of regularization. It is mentioned in the said noting that on
inspection, it was found that no non-compoundable
deviations as the applicants have removed all the deviations
/ irregularity against sanctioned plan. The deviations of
compoundable nature are well taken into account and the
compounding fee towards the compoundable deviations has
been worked out, which comes to Rs. 97,000/-. Apart from
cess charges to the tune of Rs. 2,500/- is also payable.
It is further submitted that the demolition action will
be dropped close down after getting the regularization
charged deposited by the appellant and extending the
status of regularization thereof.
Vide status report dated 10.10.2017, it was reported
that the appellants were directed to deposit the amount of
Rs. 97,000/- and 2,500/-. AE(B) submits that the appellant
has deposited the said amount vide receipt dated
29.09.2018. Copy attached alongwith detailed area chart
giving details of expenses / compoundable fees.
Let the statement of appellant as well as AE(B) be
recorded in this regard.
A.No. 30/16 & 582/16
At this stage, adjournment sought by the AE(B) to file
formal order of regularization.
Respondent is directed to file status report alongwith
copy of said order, if any alongwith present status of
building whether the completion has been completed or any
construction is to be carried out in future alongwith
photographs.
Put up this matter for that purpose and filing status
report by the respondent on 29.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 465/16, 336/15 & 284/15 16.10.2018
Present : Sh. M.S. Khan, counsel for appellant.
File taken up today on an application moved by the
appellant for appointment of Local Commissioner.
Notice of the application be issued to the respondent
for 02.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
M.No. 26/18 16.10.2018
Present : Sh. Avishek Kumar, counsel for appellant.
An application is moved by the appellant for
restoration of appeal which was dismissed on 08.10.2018.
On perusal of file, it is found that the process was
issued dasti but the same was not taken and served upon
the respondent.
For two dates, dasti process was not taken after
passing of order for service of notice to the respondent on
09.08.2018 and 05.09.2018.
For the reasons mentioned in the application, subject
to costs of Rs. 5,000/-, application for restoration of appeal
is allowed. Notice of the appeal was not served to the
respondent when the appeal was dismissed for non-
prosecution.
Let fresh notice of the appeal and application be
issued to the respondent through concerned Chief Law
Officer as per previous orders. 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.
Costs be deposited before next date of hearing.
Appeal is restored to its original number and position.
Process be given Dasti.
Put up this matter on 19.12.2018 when other
connected appeal is listed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 750/18 16.10.2018
Present : Sh. B.P. Gupta, counsel for appellant.
Appeal has been filed against the sealing show
cause notice dated 25.07.2018.
It is stated that despite filing of application for
supplying the copy of order has not been filed. That
application is placed at page no. 63.
Respondent is directed to supply copy of order to the
appellant.
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 15.11.2018.
Notice as well as copy of order be given Dasti, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 748/18 16.10.2018
Present : Sh. Rishabh Singhal, counsel for appellant.
Appeal has filed for quashing / setting aside the
sealing of property bearing no. B3/41-42, Second floor,
Sector-11, Rohini, Delhi.
Nothing is mentioned about the date and description
of sealing order.
It is stated that application was moved for getting the
sealing order which is placed at page no. 40-D which was
received in the office of respondent on 27.09.2018.
It is stated that copy of order has not been supplied.
Respondent is directed to supply the copy of sealing
order to the appellant.
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 02.11.2018.
Notice and copy of order be given Dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 749/18 16.10.2018
Present : Sh. Yudhishter Sharma, counsel for appellant.
This is an appeal against the sealing show cause
notice.
Adjournment sought to file the copy of sealing order.
Put up this matter for consideration on 02.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 784/18 16.10.2018
Present : None for appellant.
This is an appeal against the sealing order dated
22.06.2018 communicated to the appellant alongwith
demolition order dated 07.08.2018.
On perusal of file, it is noticed that an agreement /
MOU filed by the appellant with regard to the construction of
the property in question. The said MOU for that alleged
construction has been made after November 2017.
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 as well as sealing order, reply and status
report and action taken report of the appeal on the date
fixed.
Put up this matter for filing reply, record, status report
/ action taken report on 30.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
M.No. 65/13 16.10.2018
Present : Mohd. Salim on behalf of appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Mohd. Salim has filed photocopy of certified copies
as was directed on previous date.
Put up this matter for perusal of certified copies,
clarifications, if any / orders on 23.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 110/18 16.10.2018
Present : Sh. A.K. Sharma, counsel for appellant.
None for respondent.
Original record not produced.
Respondent is directed to produce the original
record.
Put up this matter for clarifications, if any / orders on
30.10.2018.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 409/18, 767/14, 1034/16, 1035/16 & 81/15 16.10.2018
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Vikas Kumar / Sh. Dharamvir Gupta / Sh.
Mohit Sharma / Sh. Sandeep Kaushik, counsel
for MCD alongwith Sh. Sachin Goel, Architect
Asstt. T.P.Department.
Vakalatnama of Sh. Vikas Kumar on behalf of
respondent filed in appeal No.409/18.
Record produced. Status report filed placed in
appeal No.409/18.
At the very outset, ld. counsel for appellant submitted
that status report does not speak of the rejection of
application moved for modification of layout plan on
18.01.2018.
The record produced containing copy of the
resolution No.95 of Standing Committee dated 18.01.2018
stating that proposal was considered by the Standing
Committee EDMC for modification in the approved lay out
plan of Balbir Nagar and and Shivaji Park Extn. by
incorporating / adjustment of plot No. 1/6355, Street No.5,
East Rohtash Nagar, Shahdara, Delhi-32 as a residential
plot. The said proposal has been rejected vide resolution
No.95 dated 18.01.2018 passed upon the recommendation
of Layout Plan Committee (LOSC) as contained in the
resolution dated 18.01.2018.
Respondent is directed to file detailed reply to the
appeal and the detailed status report incorporating the
decision of the Standing Committee dated 18.01.2018.
The ld. counsel for appellant at the very outset
submitted that in the order dated 13.09.2017 placed at page
No.110 of this appeal contained two more directions i.e. the
Land and Estate Department of EDMC will file status report
whether any further action taken for acquisition of the land
to construct the park as per decision No.2494/stg dated
A.No. 409/18, 767/14, 1034/16, 1035/16 & 81/15
28.10.1982. Other direction was to the respondent to file
status report whether at the site in question park has been
developed or not and if not how much properties are
constructed in the area which has been shown as park.
The respondent is directed to file the status report on
that two aspects also along status report regarding review of
proposal for modification in the layout plan.
Put up for filing of the above status report, entire
record and arguments on 16.11.2018.
Since it is an important matter, Dy. Commissioner
concerned is directed to file status report under his / her
signature and if found necessary, Dy. Commissioner to
appear in person for clarification and assistance.
Copy of the order be given Dasti to the respondent to
place the same before Dy. Commissioner concerned for
information and compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 199/18 16.10.2018
Present : Ms. Kusum Lata Sharma, counsel for
appellant.
Ms. Nagina Jain, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Status report filed.
It is stated that site plan of the existing construction
was not supplied alongwith the affidavit, therefore, status
report regarding verification of measurement not filed. Let
copy of the site plan be supplied today itself.
As per the status report show cause notice u/s 343
and 344 for unauthorized construction in the shape of
ground floor in property No.9955-56, Ram Bihari Road,
Ahata Thakur Dass, New Delhi. Demolition order was
passed on 28.07.2014 which was being treated as show
cause notice by the appellant.
After passing of the demolition order the appellant
submitted reply and his wife alongwith counsel also
attended the hearing. In the reply dated 24.07.2014 it was
stated that only repair work was undertaken which is
permissible in clause 6.4.1 and 14.2 of Building Bye Laws.
House tax bill for the year 1996-97, copy of order dated
07.08.2007 in CRP No.635/2003, MOU dt. 01.08.2007,
Electricity Bill for the period 30.08.2012 to 09.10.2012, Copy
of the order dated 28.02.2018in Writ Petition (C) No.
No.1200/2007, House tax bill of the year 1958, copy of
inspection report of the year 1957, copy of sale deed dated
25.05.2001 were submitted to show that the building was
old.
In the inspection report of the year 1957 one Kothri in
property No.9955 and one kothri in property No.9956 has
been shown which implies that the construction has been
raised thereafter. No document has been placed on record
to show that the unauthorized construction mentioned in the
show cause notice dated 28.07.2014 has been raised after
getting sanction or the same is authorized.
A.No. 199/18
Regularization application is stated to be pending.
Reply to the IN has been filed on 12.10.2018.
Let copy of the same be supplied to the respondent.
Respondent is directed to decide the said application within
four weeks and file the status report.
Put up this matter for filing of status report by the
respondent and arguments on interim stay application / final
arguments and for filing of documents, if any, on
08.04.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 511/18 16.10.2018
Present : Sh. Sunil Dutt, counsel for appellant.
Sh. Rajeev Garg, ALO.
Sh. Mikhil Sharda, counsel for respondent is not
available.
It is submitted by both the parties, the matter is listed
before Hon’ble High Court on 30.11.2018.
Put up for awaiting the orders of the High Court and
further proceedings on 10.12.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 487/18 & 710/18 16.10.2018
Present : Sh. Avishek Kumar, counsel for appellant.
Sh. R.K. Singh, counsel for respondent in
appeal No. 710/18 alongwith Sh. Raj
Bhushan, JLO and Sh. D.P. Sharma, AE(B).
Vakalatnama on behalf of respondent filed in appeal
No.710/18.
File taken up today on the preponement application
moved by the appellant.
The matter was originally listed for 08.01.2019.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Record shows that FIR was registered on 19.06.2018
in respect of property bearing No.459/2 (part), Shalimar
Park, Main Road, Delhi for deviation against Sanctioned
Building Plan by amalgamating two plots and projection on
public lane at stilt, ground floor, first floor, second floor and
third floor. Show cause notice was issued on 19.60.2018
served by speed post. Demolition order was passed on
07.07.2018 stating that reply submitted by the appellant
was not satisfactory as he has amalgamated two plots
which is not allowed and construction /deviation is against
the DMC Act and Building Bye Laws.
The sealing proceedings were initiated 26.06.2018.
A show cause notice dated 11.07.2018 was issued to the
appellant which was sent through speed post but no reply
was received from the owner. Sealing order was passed on
06.09.2018.
The said sealing order has been challenged by the
appellant in appeal No.710/18 listed for today.
The demolition action could not be taken place on
three dates due to shortage of time.
A.No. 487/18 & 710/18 -2-
In the said status report it is submitted that after
passing of the demolition order on 26.07.2018 Sh. Vijay Pal,
appellant submitted regularization application vide file
No.227/Regularization/2018 dated 18.07.2018 containing
existing plan and the rectification plan through his Architect
for regularization of the excess coverage/deviations and the
file was examined. IN was issued on 27.09.2018 asking the
appellant to submit chain of documents within 7 days.
Reply was submitted to the IN on 08.10.2018. 15 days time
was extended for submitting reply/clarification and required
documents.
It is further stated that sealing proceedings has been
initiated and sealing order has been passed on 06.09.2018.
Counsel for appellant submitted that he has
challenged the sealing order and moved an application for
preponement of the appeal against the demolition order
because in case the property was sealed, the appellant
would have been prevented from raising further construction
as per regularization plan.
Respondent is directed to decide the application
within two weeks.
Till the said application is decided, respondent
is restrained from taking any coercive action in the property
of the appellant bearing no.459/2 (Part), Shalimar Park,
Main Road, Bhola Nath Nagar, Shadara, Delhi-32 in
pursuance of demolition order dated 03.07.2018 as well as
sealing order dated 06.09.2018 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 deemed to be vacated.
A.No. 487/18 & 710/18 -3-
Copy of the affidavit will be provided to concerned
AE(B) by the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
Put up this matter for filing of status report, record by
the respondent on 07.12.2018. Previous dates stand
cancelled.
Copy of the order be given Dasti to counsel for
parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 752/18 16.10.2018
Present : Ms. Shruti Kapur, counsel for appellant.
This is an appeal against sealing order dated
07.11.2017. No application for condonation of delay has
been filed.
Adjournment sought to file the application seeking
condonation of delay.
Subject to filing of the said application, 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 03.12.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 727/18 & 728/18 16.10.2018
Present : Sh. Sanjay Agnihotri, counsel for appellant.
Sh. Bharatdeep Singh, counsel for respondent
in appeal No.728/18. Memo of appearance on
behalf of respondent filed.
Sh. Amardeep Maini, counsel for respondent
in appeal No.727/18. Vakalatnama on behalf
of respondent filed alongwith Sh. Rajesh
Tewatia, AE(B).
Original record produced. status report not filed on
the ground that respondent has been served only today.
As per FIR dated 05.07.2018 the property bearing
No.83 (old) very old No.4495, New No.44, Kot Mohalla,
Basti Nizamuddin, New Delhi was booked for unauthorized
construction of ground floor and first floor.
Show cause notice was issued to Mr. Ahmad/
owner/builder on 05.07.2017. Demolition order dated
18.07.2017 was passed as no reply was received. No
demolition action was taken.
AE(B) submits that sealing action was initiated and
entire property was sealed on 14.11.2017 by fixing the seal
at ground floor at two points and for that reason the
demolition action has not been taken. However, the
subsequent construction continued and another FIR dated
12.07.2017 was lodged for unauthorized construction in
continuation of previous booking for unauthorized
construction at second floor in the same property. Show
cause notice was issued to Mr. Ahmed / owner/builder on
12.10.2017 and thereafter demolition order dated
24.10.2017 has been passed when no reply to the show
cause notice was received.
As per sealing record produced the property was
sealed on 17.11.2017.
A.No. 727/18 & 728/18 -2-
The appellant, as per the contents of the appeal, has
purchased the left side flat measuring 65 sq.yds. at first floor
of the said property constructed on 130 sq.yds vide
agreement to sell and purchase, GPA, Will, receipt and
possession letter dated 07.08.2017 from Mr. Ahmed Ali.
The appellant in appeal No.728/18 has purchased
the right hand side flat at first floor of the said building vide
agreement to sell and purchase, GPA, Will, receipt and
possession letter dated 07.08.2018 from Mr. Ahmed Ali.
The said documents were duly notarized by the
Notary Public but are un-registered documents.
It is mentioned in the appeal that on receiving the
vacation notice on 17.09.2018, the respondent came to
demolish the property and the appellant approached the
builder/seller and when they confronted the builder to take
action as well as criminal action, the builder then informed
that the property was sealed on 14.11.2017 and seal was
affixed by the respondent on the main gate at ground floor
of the property. He further informed that he has
clandestinely removed the seal and the respondent has
even lodged an FIR No.17/2018 dated 12.01.2018 in P.S.
Hazrat Nizamuddin u/s 188 IPC. Those documents as well
as show cause notice u/s 344 (1) read with 343 of the DMC
Act dated 05.07.2017 as well as show cause notice dated
31.07.2017 u/s 345A of the DMC Act and the vacation
notice u/s 349 of the DMC Act dated 16.08.2018 were
handed over to the appellant on 18.09.2018. All these
documents have been filed as Annexure-B, C, D, E and F.
It is, however, fairly conceded by the appellant in the
appeal that they never came to know about the demolition
order as mentioned above and the builder has played fraud
upon them. That the property is situated in Lal Dora land
where building plans are not sanctioned and as such
respondent has no authority to demolish the property in
question. Ld. counsel has, therefore, prayed that till the
A.No. 727/18 & 728/18 -3-
appeal is pending, the property be protected from demolition
as the appellants are the innocent purchaser and property
needs to be protected.
It is a very astonishing case. In case the property
has been demolished after its booking, the appellants who
are claiming to be innocent purchaser, would have been
saved from fraud by builder. The respondent has just
satisfied itself by fixing a seal at ground floor only and has
not done day to day monitoring to see whether the property
is lying sealed and there is no justification for not carrying
out demolition order in the garb of alleged sealing of the
property only at the ground floor.
The inaction on the part of the respondent official had
resulted apparently in executing the alleged sale documents
in favour of the appellant which does not convey any legal
title to the appellant qua the flats in question for which
appeals have been filed.
Hon’ble Division Bench of the Hon’ble High Court
vide order dated 12.02.2018 in Writ Petition (C)
no.9397/2017 titled as Rajesh Kumar Sharma Vs. Govt
of NCT Delhi & Anr. Held that:
“ATMCD shall examine the title of the
appellants in appeals which are brought
before it under 347B of the Delhi Municipal
Corporation Act, 1957”
Directions were issued to this Tribunal to examine
the title and authority of the persons who are filing the
appeals.
Ld. counsel for respondent has submitted that
appellants have no other documents except the sale
documents to establish that the property has been
constructed legally which has been purchased by them, as
no document regarding existing of the flats in question
.No. 727/18 & 728/18 -4-
before the cut of date i.e. 01.06.2014 having protection
under NCT of Delhi Laws (Special Provisions) (Second
Amendment) Act, 2014 are available with the appellants.
In view of these facts and circumstance, and in the
absence of documents, sale documents placed on record
are not the legal title documents and appellants have failed
to show any documents regarding the property in question,
which may show the existence of the flats in question before
01.06.2014, no ground of stay against the impugned
demolition order has been made out. The interim stay
application is accordingly dismissed.
Put up for filing further documents, if any and filing
status report by the respondent regarding action taken by
the SHO and explanation as to why the demolition action
has not been taken in the property in question from ground
floor to second floor because the second floor has been
raised after initial booking on 05.07.2017.
Dy. Commissioner concerned is directed to look into
the matter and take necessary action for inaction on the part
of the officials and file action taken report on next date.
Concerned AE(B) is directed to place the copy of the
order before Dy. Commissioner concerned for compliance
and information.
Put up this matter for filing of status report by the
respondent and arguments on 11.12.2018.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018