25.08 - mcdonline.gov.in

A.No. 249/21 25.08.2021

Present : Sh. Kartikeya Ratogi, Ld counsel for the appellant.

Sh. Mohit Sharma, Ld counsel for the respondent with

Sh. Athar Mustafa, AE(B).

The status report and record has been filed. Let the

record be deposited with the Registry. Copy of status

report supplied to Ld counsel for appellant.

Ld counsel for the appellant submits that he will file the

documents to show that the alleged one room and

bathroom qua which the demolition order dated

10.02.2021 has been passed were constructed prior to

the cut off date of 07.02.2007.

Put up for filing of aforesaid documents on 02.09.2021.

(MANISH KHURANA) P.O : Appellate Tribunal:MCD

25.08.2021

A.No. 909/13 25.08.2021

Present : Clerk for Ld counsel for the appellant.

Sh. VK Aggarwal, Ld counsel for the respondent with Sh.

Manish Huriya, AE(B).

The status report has been filed by the concerned AE(B).

Ld counsel for respondent submits that the alleged

unauthorized construction in the property in question has

not been removed/regularized by the department.

Clerk for Ld counsel for appellant submits that the main

counsel is suffering from fever and an adjournment may

be granted.

Put up for arguments on 09.12.2021.


25.08.2021

A.No. 217/21 25.08.2021

Present : Sh. S D Ansari, Ld counsel for the appellant.

Sh. Ashutosh Gupta, Ld counsel for the respondent.

The status report has been filed by the Ld counsel for

respondent stating therein that there is no record

regarding the service of notice dated 29.06.2021 prior to

passing of demolition order.

Put up for final arguments on 09.12.2021.

Interim orders, if any, to continue till next date.


25.08.2021

A.No. 40/21 25.08.2021

Present : None for the appellant.

Sh. Vivek Sharma, ALO for the respondent with Sh. RK

Jain, AE(B).

The status report in terms of previous order has been

filed according to which the demolition order dated

18.01.2021 has been withdrawn vide corrigendum dated

11.08.2021 whereas the demolition order dated

22.01.2019 has been considered as final order u/s

343/344 DMC Act. AE(B) submits that the earlier

demolition order dated 22.01.2019 was not annexed in

the file and therefore inadvertently the new demolition

order dated 18.01.2021 was passed which stood

withdrawn on 11.08.2021 as above.

Ld counsel for the appellant is at liberty to collect the

copy of the status report from the record.

Put up for further proceedings on 09.12.2021.


25.08.2021

A.No. 251/21 25.08.2021

Present : Sh. Amarnath Saini, Ld counsel for the appellant.

Sh. Dharamvir Gupta, Ld counsel for the respondent with

Sh. A V Sharma, AE(B).

Record has been filed. It be deposited with Registry.

Ld counsel for the appellant submits that the property in

question is situated in Harijan Basti, Village Sahipur and

is a small residential house of the appellant and his family

and the construction in the property is very old as per the

photographs vide on record. Ld counsel for the appellant

also submits that the property of the appellant has been

booked because of the complaint made by the brother of

the appellant who is having a dispute with the appellant.

Ld counsel submits that the appellant belongs to poor

strata of society and he is enable to raise fresh

construction in the property in person. Ld counsel for the

appellant also relied upon the electricity bill regarding the

property in question which is at page no. 36 of the

paperbook and he submits that the energisation date of

the electricity connection in the first floor portion of the

property which is already in existence is 07.06.2011 and

no new construction has been raised by the appellant in

the property in question.

Per contra, Ld counsel for the respondent opposed the

interim application and he submits that the fresh

construction was being raised by the appellant, hence,

the property has been booked and he submits that the

interim protection may not be granted to the appellant.

I have perused the record filed by the department. The

demolition order dated 05.08.2021 has been passed by

the AE(B) and as per the show cause notice dated

26.07.2021 and the demolition order dated 05.08.2021

the unauthorized construction in the shape of entire

-2-

ground floor and first floor has been booked whereas it is

mentioned in the show cause notice and the demolition

order that the ground floor is old and occupied. The

photographs which are filed on record show that the

property is old and occupied. I have also perused the

copy of electricity bill pertaining to the first floor portion in

the property in question with energisation date of

07.06.2011. Considering the overall facts and

circumstances and in the interest of justice, the

respondent is directed not to take demolition action qua

the property in question bearing no. 76, First Floor,

Sahipur Village, Delhi-110088 till the NDOH.

However, this order is subject to any other order passed

by the Hon’ble Supreme Court, Hon’ble NGT or Hon’ble

Delhi High Court in respect of the property in question.

The appellant is directed not to carry out any addition,

alternation, repair or construction and shall also not

create any third party interest in the property in question.

List on 10.12.2021 for final arguments.

Copy dasti.


25.08.2021

A.No. 86/20 25.08.2021


Sh. KK Arora, Ld counsel for the respondent.

The record has not been filed.

There is not stay in the present appeal.

Let the concerned AE(B) be summoned afresh with

record for 09.12.2021.


25.08.2021

A.No. 08/20 (M) & 07/20 (M) 25.08.2021


Sh. VK Aggarwal, Ld proxy counsel for the respondent.

Clerk for counsel for appellant submits that the main

counsel is out of station and he seeks an adjournment.

Put up for purpose fixed/arguments as last opportunity on

09.12.2021.


25.08.2021

A.No. 698/17 Sunita Saini Vs. SDMC 25.08.2021

Present : None for the appellant despite calls.

Sh. HR Aggarwal, Ld counsel for the respondent with Sh.

Athar Mustafa, AE(B).

The appellant has not been appearing in this case for last

many dates. Hence, the appeal stands dismissed for non

appearance and non prosecution and consequently the

impugned order stands confirmed.

Record of the respondent if any be returned and file be

consigned to record room.


25.08.2021

A.No. 826/17 Raj Kumar Kaushal Vs. SDMC 25.08.2021



Perusal of the record reveals that the appellant has not

supplied the site plan with measurements to the

concerned AE(B).








25.08.2021

A.No. 688/18 Deepak Vasdev Vs. EDMC 25.08.2021


Sh. Sagar Dhama, Ld counsel for the respondent.








25.08.2021

A.No. 265/20 25.08.2021

Present : Sh. Nawal Kishore, Ld counsel for the appellant.

Sh. Sonu Chaudhary, Ld counsel for the respondent.

The record has not been filed.

Let the AE(B) be summoned with record and status report

for 09.12.2021.


25.08.2021

A.No. 461/19 25.08.2021


Sh. Krishan Keshav, Nodal Officer for the respondent.

Put up for appearance of appellant/final arguments as

last opportunity on 09.12.2021.


25.08.2021

A.No. 657/19 25.08.2021

Present : Sh. Raghav Saluja, Ld proxy counsel for the appellant.

Sh. HR Aggarwal, Ld counsel for the respondent.

Ld counsel for respondent submits that the present

appeal has been foiled against the demand notice dated

and the present appeal is not maintainable u/s 347B

DMC Act.

Put up for arguments on the maintainability for

28.10.2021.


25.08.2021

A.No. 452/18 Arun Kumar Goel Vs. SDMC 25.08.2021


Sh. Krishan Keshav, Nodal Officer for the respondent

with Sh. Mohit Sharma.

Perusal of the record reveals that none has been

appearing on behalf of appellant and on 16.01.2020 Ld

counsel for appellant sought time to move an application

for substitution of LRs of deceased appellant, however, till

date no such application has been moved.








25.08.2021

A.No. 101/20 25.08.2021


Sh. Prateek Gupta, Ld counsel for the respondent.

The status report regarding the clarification of property in

question has been filed. The appellant has not been

appearing in this case.

Issue notice to the appellant for 04.10.2021.


25.08.2021

A.No. 511/18 25.08.2021


Sh. Rajeev Garg, ALO for the respondent.



25.08.2021

A.No. 266/15 25.08.2021

Present : Ms. Namrata Singh, Ld proxy counsel for the appellant.

Sh. HR Aggarwal, Ld proxy counsel for the respondent.

An adjournment is jointly sought by proxy counsels for

arguments.

At joint request, put up for arguments on 09.12.2021.


25.08.2021

A.No. 397/16 25.08.2021

Present : Sh. Dharmender, Ld proxy counsel for the appellant.

Sh. Narender, Ld proxy counsel for the respondent.

At joint request, put up for arguments on 09.12.2021.


25.08.2021

A.No. 825/14 Vodafone Mobile Service Ltd Vs. EDMC 25.08.2021


Sh. Dharamvir Gupta, Ld counsel for the respondent with

Sh. Raju, AE(B).

The status report has been filed stating therein that the

said tower at property no. 20/496, Kalyan Puri, Delhi

pertaining to the appellant company has been regularized

vide letter no. D2930 dated 08.03.2018. Ld counsel for

the respondent submits that the present appeal has

become infructuous.

Considering the facts and circumstances and the status

report filed the present appeal stands disposed of.




25.08.2021

A.No. 849/15 25.08.2021


Sh. VK Aggarwal, Ld counsel for the respondent.

Put up for appearance of the appellant/arguments on

09.12.2021.


25.08.2021

A.No. 1170/15 25.08.2021



Raju, AE(B).

Put up for purpose fixed on 09.12.2021.


25.08.2021

A.No. 18/16 & 1166/15 Idea Cellular Ltd Vs.EDMC 25.08.2021



Raju, AE(B).

It is submitted by Ld counsel for the respondent and

AE(B) that the present appeal has become infructuous as

the tower in question was already dismantled by the

appellant. It is submitted that the status report regarding

the said fact has already been filed on record.

Considering the facts and circumstances and the status

report filed the present appeal stands disposed of.




25.08.2021

A.No. 415/20, 416/20 & 417/20 25.08.2021

Present : Sh. Saurabh Kumar, Ld counsel for the appellant.

Sh. HR Aggarwal, Sh. Rajneet Pandey and Sh. Ajay

Gaur, Ld counsels for the respondent.

Ld counsel for the appellant submits that the copy of

status report has not been supplied to him and an

adjournment may be granted for the arguments.

Let the copy of status report be supplied to Ld counsel for

appellant and matter be relisted for arguments on

09.12.2021.


25.08.2021

A.No. 783/19 25.08.2021


Sh. Dharamvir Gupta, Ld counsel for the respondent.

Put up for final arguments on 09.12.2021.


25.08.2021

A.No. 66/21 25.08.2021


Sh. HR Aggarwal, Ld counsel for the respondent.

Ld counsel for respondent submits that he has not

received the copy of documents in compliance of

previous order.

Issue notice to the appellant as well as to AE(B) for

21.10.2021.


25.08.2021

A.No. 391/20 & 327/20 25.08.2021


Sh. Ranjeet Pandey, Ld counsel for the respondent.

Put up for appearance of the appellant/arguments on

09.12.2021.


25.08.2021

A.No. 183/11, 184/11 & 208/12 25.08.2021

Present : Sh. Dalip Rastogi, Ld counsel for the appellant.


Ld counsel for the appellant submits that all the

unauthorized constructions except the compoundable

deviations in the property in question bearing no. 8297/2,

Gali No. 4, Multani Dhanda, Delhi has been removed and

the existing construction is within the compoundable

limits and the regularization application is pending. Ld

counsel for the appellant also mentioned the status report

has been filed by the concerned AE(B) on 25.04.2019 in

this regard.

Let the fresh status report in compliance of abovesaid

submissions be called from the concerned AE(B) for

09.12.2021.

Copy of this order be sent to concerned AE(B) for

information and compliance.


25.08.2021

A.No. 107/20 & 602/19 25.08.2021


Sh. Dharamvir Gupta and Sh. VK Aggarwal, Ld counsels

for the respondent.



25.08.2021

A.No. 182/17 25.08.2021


Sh. Daharmvir Gupta, Ld counsel for the respondent.

Ld counsel for the respondent submits that the affidavit

which was furnished by the appellant in compliance of

stay order does not mention the details of constructions

with measurement of existing construction and hence, the

stay order may be vacated.

Issue notice to the appellant for aforesaid purpose/final

arguments as last opportunity on 09.12.2021.


25.08.2021

A.No. 380/15 & 381/15 25.08.2021

Present : Sh. Milan Verma, Ld proxy counsel for the appellant.


Put up for final arguments as last opportunity on

09.12.2021.


25.08.2021

A.No. 408/19 & 407/19 25.08.2021



Sh. Ashish Kumar Singh, Ld counsel for applicant.

Ld counsel for applicant submits that an application u/O 1

Rule 10 CPC has been filed on behalf of applicant and he

will supply the copy thereof to Ld counsel for the

appellant and Ld counsel for the respondent.

Let the copy of the application be supplied.

Put up for arguments on the abovesaid application on

10.12.2021.


25.08.2021

A.No. 759/18, 1035/17, 1036/17 & 1037/17 25.08.2021

Present : Sh. Dalip Rastogi,Ld counsel for the appellant.


Rajeev Garg, ALO.

None for the applicant who has moved an application u/O

1 Rule 10 CPC.

Issue notice to the applicant for 10.12.2021.

Interim orders, if any, to continue till next date.


25.08.2021

A.No. 237/21 & 238/21 25.08.2021


Sh. Sanjay Sethi, Ld counsel for the respondent.

Ld counsel for the appellant is not present and the

concerned AE(B) is also not present.

The detailed written submissions have been filed by Ld

counsel for the respondent. Let the copy thereof be

supplied to Ld counsel for appellant.



25.08.2021

A.No. 175/21 25.08.2021

Present : Sh. Nikhil Y Chawla, Ld counsel for the appellant through

VC.

Sh. Ranjeet Pandey, Ld counsel for the respondent with

Sh. Manish Huria, AE(B).

The status report has been filed by AE(B)) stating therein

that the appellant has sought 30 days time to remove all

non compoundable deviations.

AE(B) submits that Sh. Arun Ahuja, Director of the

appellant company visited the office of the respondent

and he has been apprised of all the non compoundable

deviations in the property in question.

Ld counsel for the appellant also submits that 30 days

time may be granted for the aforesaid purpose so that the

regularization application may be considered by the

respondent. Ld counsel for the appellant submits that he

has made the submissions without prejudice to the rights

and contentions of the appellant herein.

In the interest of justice, matter be relisted for arguments

on 29.09.2021.

The appellant would be at liberty to remove all the non

compoundable deviations in the property in question and

the concerned AE(B) shall inspect the premises on

24.09.2021 and file the report before this Tribunal on the

NDOH.


25.08.2021

A.No. 300/20 & 210/20 25.08.2021

Present : Sh. Satvik Bajaj, Ld proxy counsel for the appellant.

Sh. Ashutosh Gupta, Ld counsel for the respondent with

Sh. Krishan Keshav, Nodal Officer.

Sh. Shadab Khan, Ld counsel for the intervener.

An application u/O 1 Rule 10 CPC filed on behalf of the

interveners is pending disposal.

Arguments on the abovesaid application heard.

The interveners are claiming the title of property in

question and it is submitted by Ld counsel for the

interveners that the interveners may be heard for the

proper disposal of the present appeal.

Ld counsel for the appellant however opposed the

application.

In the interest of justice, the application u/O 1 Rule 10

CPC moved on behalf of interveners stands disposed of

and liberty is granted to the interveners to assist the

Court at the time of final arguments and to file the

documents, if any.

Application u/O 1 Rule 10 CPC stands disposed of.

Ld proxy counsel for the appellant submits that the main

counsel would come back from USA on 29.08.2021 and

any date thereafter may be fixed for the purpose of final

arguments.

In the interest of justice, put up for final arguments on

10.09.2021.


25.08.2021

A.No. 118/21 25.08.2021

Present : Sh. Sandeep Kumar, Ld counsel for the appellant.

Sh. KK Arora, Ld counsel for the respondent.

Ld counsel for the appellant submits that the respondent

department has taken the demolition action in the

property of the appellant and the status report may be

called from the concerned AE(B) regarding the same.

At request, matter be listed for arguments and concerned

AE(B) be summoned with status report for 10.12.2021.


25.08.2021

A.No. 164/16 & 07/18 25.08.2021



Reader has informed that Sh. Rohit Oberoi, Ld counsel

for the appellant contacted him for hearing of the present

case through VC.

The matter is taken up through VC, however, none has

appeared on behalf of appellant.

In the interest of justice, put up for purpose fixed on

10.12.2021.


25.08.2021

A.No. 275/17 25.08.2021

Present : Appellant Manju Grover in person with Ld proxy counsel

Sh. Deepak Grover.


Ld proxy counsel for appellant submits that the main

counsel is not available today and an adjournment for

arguments may be granted. Appellant submits that the

respondent SDMC has given permission for

regularization of her flat.

Ld counsel for the respondent submits that the concerned

AE(B) may be summoned for clarifications.

Let the concerned AE(B) be summoned for 28.10.2021.

Copy dasti.


25.08.2021

A.No. 726/16 25.08.2021

Present : Appellant Vijay Kalra in person.


Sh. Shashikant Sharma, previous counsel is stated to

have died and an adjournment is sought.



25.08.2021

A.No. 309/12 25.08.2021

Present : Sh. Chandrakant, son of the appellant.


The status report has been filed. Copy be supplied.

An adjournment is sought for arguments.

Put up for final arguments as last opportunity on

27.10.2021.


25.08.2021

A.No. 345/20 25.08.2021

Present : Ms. Avni Kaushal, Ld proxy counsel for the appellant.

Sh. Pritish Sabharwal, Ld counsel for the respondent.

Ld counsel for the respondent submits that vide present

appeal the notice dated 28.10.2020 issued by Dy.

Director (Horticulture), SDMC has been challenged vide

which the encroachment on public land was ordered to be

removed and that the present appeal is not maintainable.

Ld proxy counsel for the appellant submits that the main

counsel is not available today and an adjournment may

be granted for arguments on maintainability.

Put up for arguments on maintainability for 28.09.2021.


25.08.2021

A.No. 120/18, 1222/13 & 364/12 25.08.2021





25.08.2021

A.No. 170/17 25.08.2021

Present : Ms. Nisha Satyarthi, Ld proxy counsel for the appellant.

Sh. Abhimanyu Sharma, Ld proxy counsel for the

respondent.

Main counsels for the parties are not available today and

an adjournment has been sought.



25.08.2021

A.No. 478/11 25.08.2021



Put up for appearance of the appellant/arguments as last

opportunity for 10.12.2021.


25.08.2021

A.No. 86/17 25.08.2021

Present : Ld proxy counsel for the appellant through VC.

Sh. Kuljeet Singh, Ld proxy counsel for the respondent.



25.08.2021

A.No. 744/18 25.08.2021

Present : Sh. Avishek Kumar, Ld counsel for the appellant.


Ld counsel for the appellant submits that he has filed an

application seeking condonation of delay.



25.08.2021

A.No. 745/18 25.08.2021



Ld counsel for the appellant submits that he would move

an application u/O 6 Rule 17 CPC and an adjournment

may be granted.

Put up for aforesaid purpose on 10.12.2021.


25.08.2021

A.No. 746/18 25.08.2021


Sh. Anil Mishra, Ld counsel for the respondent.

Ld counsel for the appellant submits that he would move

an application u/O 6 Rule 17 CPC and an adjournment

may be granted.

Put up for aforesaid purpose on 10.12.2021.


25.08.2021

A.No. 708/19 25.08.2021

Present : None counsel for the appellant despite calls.

Sh. Vinay Rathi, Ld counsel for the respondent with Sh.

Krishan Keshav, Nodal Officer.

The appellant has not been appearing in the present

case.



25.08.2021

A.No. 186/20 25.08.2021

Present : Sh. Anmol Singh, Ld proxy counsel for the appellant.

Sh. Sagar Dhama, Ld counsel for the respondent.



25.08.2021

A.No. 680/13 25.08.2021

Present : Sh. Gaurav Sharma, Ld counsel for the appellant through

VC.

Sh. VK Agarwal, Ld counsel for the respondent.

Sh. Abhishek Sethi, Ld counsel for applicant through VC.

The AE(B) is not present nor the status report has been

filed by the AE(B) in compliance of previous order dated

08.03.2021.

Let the copy of previous order dated 08.03.2021 be sent

to concerned AE(B) and show cause notice be issued to

him for non compliance for 10.12.2021.


25.08.2021

A.No. 257/21 25.08.2021

Present : Sh. Sachin Aggarwal, Ld counsel for the appellant.

Fresh appeal filed u/s 343 (2) of the DMC Act against the

order of demolition dated 06.08.2021 alongwith

application for stay and condonation of delay. Be checked

and registered.

Notice of the appeal and applications be issued to the

respondent through concerned Chief Law officer. AE(B)

is directed to be present with the record of the

proceedings, status report and reply on next date.

Be listed for arguments on the application for interim stay

and condonation of delay on 08.09.2021.


25.08.2021

A.No. 252/21 25.08.2021

Present : Sh. Sudhir Batra, Ld counsel for the appellant through

VC.


notice dated 04.08.2021 alongwith application for stay.

Be checked and registered.

Notice of the appeal and application be issued to the




Be listed for arguments on 09.09.2021.


25.08.2021

A.No. 263/21 & 264/21 25.08.2021

Present : Sh. Shashi Pratap Singh, Ld counsel for the appellant.


order of revocation of sanctioned building plan dated

13.08.2021 alongwith application for stay. Be checked

and registered.





Be listed for arguments on 28.09.2021.


25.08.2021

A.No. 268/21 25.08.2021

Present : Sh. Vipin Sandhuja, Ld counsel for the appellant.


order of demolition dated 16.08.2021 alongwith

application for stay. Be checked and registered.





Be listed for arguments on the application for interim stay

on 13.09.2021.


25.08.2021

A.No. 343/13 25.08.2021

File taken up today on an application seeking permission for repairing the roof and shifting the water tanks.


None for the respondent.

Put up on date fixed i.e 07.10.2021.


25.08.2021

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25.08 - mcdonline.gov.in