Sh. V.K. Aggarwal / Sh. Mohit Sharma / Sh. K.K. Arora / Sh

A.No. 15/20 to 23/20, 759/19 to 781/19, 717/19 to 735/19, 784/19 to 805/19 and 820/19 to 835/19 and 837/19 to 843/19

28.01.2020 Present : Sh. Varun Tyagi, Ld. counsel for appellants.

Sh. V.K. Aggarwal / Sh. Mohit Sharma / Sh. K.K. Arora / Sh.

Shashi Kant Sharma / Ms. Beena Sharma / Sh. Ravi Ranjan

/ Sh. Bhagwan Singh / Sh. Tejasvi Goel / Sh. Amit Kumar /

Sh. Rahul / Ms. Aishani Narain / Sh. Archit Vasudeva / Sh.

Madan Sagar / Sh. Tarun Sabharwal / Sh. Nitin Som / Sh.

Sahib Gurdeep Singh / Sh. Rajesh Kumar Shandilya / Sh.

Pritish Sabharwal / Sh. Vijay Rathi / Sh. Mukesh Sinha / Sh.

Pranshu Khatri / Ms. Sudesh Sharma / Ms. Manpreet Kaur,

Ld. counsels for SDMC.

Memo of appearance / Vakalatnama filed on behalf of

respondent.

Ld. counsel for respondents seek time to file reply and

record within two weeks.

Ld. counsel for respondents submit that appeal is not

maintainable in view of the judgment of Hon’ble Supreme

Court in Writ Petition (C) No. 4677/1985 titled M.C. Mehta

Vs UOI as the impugned orders have been passed on the

directions of Monitoring Committee.

At request of Ld. counsel for appellant adjourned for

arguments on the interim application and the arguments on

maintainability of the appeal to 18.02.2020.

Interim protection granted by the Hon’ble High Court is

extended till next date.

Original order be placed in appeal No.15/20 and attested

copies of the order be placed in other files.

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

Appellate Tribunal:MCD 28.01.2020

A.No. 736/19 to 751/19 and 836/19. 28.01.2020 Present : Sh. Varun Tyagi, Ld. counsel for appellants.

Sh. V.K. Aggarwal Ld. counsel for SDMC.

Vakalatnama filed on behalf of respondent.

Reply alongwith documents filed on behalf of respondent,

copy supplied.

Ld. counsel for respondent states that appeals are not

maintainable in view of the judgment of the Hon’ble

Supreme Court in Writ Petition (C) No. 4677/1985 titled

M.C. Mehta Vs UOI as then impugned order has been

passed in pursuance of the directions of the Monitoring

Committee.

Ld. counsel for respondent seeks time to file the record

within two weeks.

At request of Ld. counsel for appellant adjourned for

arguments on the interim application and maintainability of

the appeal on 18.02.2020.

Interim protection granted by the Hon’ble High Court is

extended till next date.

Original order be placed in appeal No.736/19, attested

copies be placed in other files.



A.No. 529/19 and 530/19. 28.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for SDMC.

Status report filed stating that the property in question is a

flat situated at second floor. It is further stated that the

owner of the flat in question had submitted application for

desealing claiming the relief under the National Capital

Territory of Delhi Laws (Special Provisions) Act. The matter

was referred to the House Tax Department by the

respondent and it was informed that as per their available

record in the assessment file, the tax payer is depositing

property tax on a covered area of 106 sq.mt since

01.04.2004 onwards on self assessment basis. It is further

stated that the matter has been referred to the competent

authority for consideration of the application for desealing.

Copy supplied.

To come up for filing of further status report on the

application of the appellant pending before the competent

authority on 26.02.2020.



A.No. 631/18. 28.01.2020 Present : Sh. Shakeel Ahmed, Ld. Proxy counsel for appellant.

Sh. Surender Singh, Ld. counsel for SDMC with Sh. Anil

Kumar, Chief Law Officer.

Status report filed, copy supplied.

At request of Proxy counsel for appellant, adjourned for

arguments on the applications for interim stay and

condonation of delay to 18.03.2020.



A.No. 612/19. 28.01.2020 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for North DMC with

Sh. Sanjay Gupta, ALO.

1. This is an appeal against the order of demolition

dated 29.08.2018.

2. Ld. counsel for appellant has pressed the application

for interim stay on the ground that otherwise the appeal will

become infructuous.

3. The submissions made are that the property in

question bearing no. 7/82, Ramesh Nagar, New Delhi was

allotted by L&DO to the husband of appellant. After the

death of husband of appellant, the property stood mutated

in the name of appellant vide letter of L&DO dated

26.06.1991. It is further stated that property stands in the

name of appellant in the House tax record. It is further

stated that the show cause notice and the demolition order

were not served on the appellant despite the fact that the

property stands mutated in her name.

3. On the other hand, Ld. counsel for respondent states

that the show cause notice and demolition order were sent

by speed post but since no one was found available at the

site it was pasted.

4. I have heard the Ld. counsel for parties and perused

the record.

5. In view of the facts and circumstances of the case as

the track reports of delivery by speed post and photographs

of pasting are not placed on record, the appellant has made

out a case for ad-interim stay, respondent is restrained from

taking demolition action in the property in question bearing

no. 7/82, Ramesh Nagar, New Delhi pursuant to impugned

demolition order till next date of hearing.

5. 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.

6. 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.

7. 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.

8. 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.

9. Record be deposited in the Registry.

10. Be listed for filing of status report by the respondent

on 13.04.2020.

11. A copy of order be given dasti to the Ld. counsel for

parties, as prayed for.



A.No. 657/19. 28.01.2020 Present : None for appellant.

Sh. H.R. Aggarwal,Ld. counsel for North DMC.

Status report filed.

Be listed for further proceedings on 30.03.2020.



A.No. 423/16. 28.01.2020 Present : Sh. Sushil Kumar, Ld. Proxy counsel for appellant.

Sh. Mohit Sharma, Ld. Proxy counsel for appellant with Sh.

Ravinder Kumar, AE(B).


At request of Ld. counsel for appellant, adjourned for final

arguments to 18.05.2020 as main counsel is not available.



A.No. 1015/15 and 1155/15. 28.01.2020 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

Ld. counsel for appellant states that the appeal is pending

before the Ld. District & Sessions Judge, Patiala House

Courts and is now listed on 24.02.2020.

Accordingly, be listed for further proceedings awaiting the

orders on 23.03.2020.



A.No. 586/19. 28.01.2020 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Ms. Priyanka,Ld. counsel for North DMC.

Ld. counsel for appellant seeks time to file documents with

advance copy to the opposite side.

At request, adjourned for arugments on the interim

application to 20.03.2020.



A.No. 230/19. 28.01.2020 Present : Appellant with Ld. Proxy counsel, Sh. Lakshay Sharma.

Sh. H.R. Aggarwal, Ld. counsel for North DMC.

Written submissions filed on behalf of respondent, copy

supplied.

At request of proxy counsel for appellant, adjourned for final

arguments to 02.03.2020 as main counsel is out of station.

Interim order, if any, to continue till next date



M. in A.No. 790/14 28.01.2020 Present : None.

File is not received from Ld. Appellate Court.

Be awaited for 26.02.2020.



A.No. 116/18 and 221/17 28.01.2020 Present : Appellant with Ld. counsel Sh. Mayank Bhargava.

Sh. Mohit Sharma / Sh. Amit Kumar, Ld. counsel for SDMC.

Ld. counsel for appellant states that he has not received the

complete set of written submissions filed by the respondent,

the same be supplied within a week.

To come up for final arguments on 22.04.2020.

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



A.No. 206/13 and 207/13 28.01.2020 Present : Sh. Manish Kumar, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. proxy counsel for DDA.

Memo of appearance filed on behalf of DDA.

Time is sought to file Vakalatnama.

At joint request adjourned for final arguments to 21.05.2020.



A.No. 356/17 and 448/17 28.01.2020 Present : Sh. K.B. Gupta, Ld. counsel for appellant.

Ms. Akansha Dhami, Ld. counsel for MCD.

At joint request adjourned for filing of brief synopsis and

final arguments to 15.07.2020.

Interim order, if any, to continue till next date.0



A.No. 156/19. 28.01.2020 Present : None for appellant.

Sh. Ranjeet Pandey,Ld. counsel for SDMC.

As none has appeared for appellant, be listed for further

proceedings on 17.03.2020.



A.No. 239/15. 28.01.2020 Present : Appellant with Ld. counsel, Sh. S.P. Yadav.

Sh. Tarun Sabharwal, Ld. counsel for SDMC with Sh. Faiz

Ahmed, AE(B).

Status report filed stating that the appellant has demolished

the portion beyond the scope of standard plan from front

side. However, the bathroom-cum-toilet constructed in the

common space which is in the form of excess coverage is

yet to be demolished. The appellant has also amalgamated

this flat with flat No.412. The complete removal of extended

portion may endanger the structural safety of the building.

Ld. counsel for appellant states that appellant will demolish

the excess coverage within two weeks, Appellant to give

intimation to the respondent after demolishing the same

who will thereafter file the status report.

To come up for further proceedings on 11.03.2020.



A.No. 809/17 28.01.2020 Present : Ms. Aditi Aggarwal, Ld. proxy counsel for appellant.

Sh. V.K. Aggarwal, Ld. proxy counsel for MCD.

Sh. Aditya Deswal, Ld. counsel for intervener.

At request of Ld. proxy counsel for appellant adjourned for

final arguments to 14.05.2020 as main counsel is busy in

some other court.




A.No. 305/14 28.01.2020 Present : Sh. K.N. Singh, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Ld. counsel for respondent seeks more time to file reply of

the objections.





A.No. 930/14, 95/17, 88/17, 1103/16, 1087/16, 28.01.2020 Present : Sh. K.N. Singh, Ld. proxy counsel for appellant.


At request of Ld. proxy counsel for appellant adjourned for

final arguments to 04.05.2020.




A.No. 1040/17, 1041/17, 965/14 and 966/14 28.01.2020 Present : Appellant in person.


Appellant again seeks adjournment as his counsel is not

available today as he is not feeling well.

At request last opportunity granted for final arguments.

Be listed on 27.05.2020.



A.No. 09/19 28.01.2020 Present : Sh. Sunil Kumar Sharma, husband of the appellant.

Ms. Nagina Jain, Ld. counsel for MCD with Sh. Rajeev

Garg, ALO.

An application moved on behalf of appellant, copy be

supplied.

Appellant seeks adjournment as his counsel is not available

today.

To come up for reply and arguments on the application on

03.03.2020.



A.No. 02/18 28.01.2020 Present : Sh. Manish Chaudhary, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC with Sh.

Faiz Ahmad, AE(B).

Status report filed stating that appellant had filed an appeal

No.353/17 titled Meena Vs SDMC which has been decided

vide order dated 26.05.2017. It is stated that the record has

been filed in the said appeal.

Accordingly the file of appeal No.353/17 be summoned for

next date.


Respondent to file further status report whether any further

demolition action is required to be taken in the property in

question.

AE(B) concerned to be present on next date.



A.No. 03/18 28.01.2020 Present : Sh. Manish Chaudhary, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC with Sh.

Faiz Ahmad, AE(B).

Be listed for final arguments with connected appeal on

13.04.2020.

AE(B) concerned to be present on next date.



A.No. 541/19 and 542/19 28.01.2020 Present : None for appellant.



proceedings / final arguments on 27.05.2020.



A.No. 471/17 28.01.2020 Present : Appellant with Ld. counsel Sh. Dalip Rastogi.

Sh. Tarun Sabharwal, Ld. counsel for MCD.

Objections filed on behalf of appellant stating that in view of

the notification dated 02.07.2019 Ministry of FHousing and

Urban Affairs the appellant is not liable to pay penalty as per

the status report which has been filed by respondent.

It is further stated that no rate of penalty has been

prescribed as yet by the Government.

Ld. counsel for respondent seeks time to file reply to the

objections.

Be listed on 07.04.2020 for further proceedings.



A.No. 162/16 28.01.2020 Present : Sh. B.N. Gupta, Ld. counsel for appellant.

Ms. Manjusha Jha, Ld. counsel for respondent.

Sh. S. Goel, Ld. counsel for applicant.

Ld. counsel for respondent states that the documents which

have been supplied to her are not legible, legible copies of

the same be supplied to her during the course of the day by

Ld. counsel for appellant.

To come up for arguments on the application under Order 1

Rule 10 CPC and final arguments on 01.04.2020.




M.No. 37/19 28.01.2020 Present : Appellant with Ld. counsel Sh. Ashish Sharma.

File taken up on an application moved on behalf of

applicant/appellant u/s 151 CPC for early hearing and

interim stay.

Notice of the application be issued to the respondent for

31.01.2020.

Process be given dasti, as prayed for.



A.No. 602/19 28.01.2020 Present : Sh. Manoj Sharma, Ld. counsel for applicant.

File taken up on an application moved u/s 151 CPC.

Notice be issued to the respondent as well as to the

appellant for 19.02.2020.

Process be given dasti, as prayed for.



A.No. 49/20 28.01.2020 Present : Ms. Prins Banerjee, Ld. counsel for appellant.

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

of demolition dated 25.10.2019 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 alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for arguments on the application for condonation of

delay and stay on 26.02.2020.



A.No. 47/20 28.01.2020 Present : Sh. Rachit, Ld. proxy counsel for appellant.

Fresh appeal filed u/s 347-B of DMC Act against the order

of sealing dated 17.11.2017 alongwith application for

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 alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for arguments on the application for condonation of

delay on 27.02.2020.



A.No. 50/20 28.01.2020 Present : Ms. Vasu Singh, Ld. counsel for North DMC /appellant.

The present appeal is not maintainable under the provisions

of DMC Act.

Be listed for further proceedings on 03.02.2020 at request of

Ld. counsel.



A.No. 11/19 28.01.2020 Present : Sh. Murari Tiwari, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for MCD with Ather Mustafa,

AE(B).

Documents filed on behalf of appellant.

At request of Ld. proxy counsel for respondent adjourned for

arguments on the interim application to 20.02.2020 as main

counsel is not available due to death in his relation.



A.No. 456/19 28.01.2020 Present : Ms. Aditi Aggarwal, Ld. counsel for appellant.

Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. Rajesh

Mangal, L.I.

Status report filed.

Ld. counsel for respondent states that property is required

to be desealed for calculation of misuse charges.

Respondent is directed to deseal it on 03.02.2020 from 10

a.m. to 1.00 p.m. and thereafter reseal it on the same day.

The appellant is directed to remain present on the said date

and time.

To come up for filing status report by respondent on

26.03.2020.

A copy of order be given dasti to the Ld. counsel for

respondent, as prayed for.



A.No. 328/19 28.01.2020 Present : None for appellant.

Sh. Amit Kumar, Ld. counsel for respondent.


proceedings on 26.03.2020.



A.No. 238/15. 28.01.2020 Present : Sh. S.P. Yadav, Ld. counsel for appellant.

Sh. Tarun Sabharwal, Ld. counsel for SDMC with Sh. Faiz

Ahmed, AE(B).

Status report filed alongwith documents, copy supplied.

Arguments heard.

Be listed for orders on 12.02.2020.



A.No. 969/16, 138/17 and 607/14. 28.01.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Tarun Sabharwal, Ld. counsel for SDMC.

Fresh Vakalatnama filed on behalf of the respondent in

appeal no. 607/14.

Status report filed in appeal no. 138/17., copy supplied.

Ld. counsel for respondent seeks time to file status report

regarding the regularization application.


AE(B) to be present on the date fixed.



A.No. 910/18. 28.01.2020 Present : Sh. N.K. Gaur, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for North DMC with Sh.

Deepesh, LI.


Final arguments heard.

Be listed for orders on 13.02.2020.



A.No. 1040/15 and 1041/15 28.01.2020 Present : Appellant with Ld. proxy counsel Ms. Anchal.

Sh. V.K. Aggarwal, Ld. Counsel for respondent .

At request of Ld. proxy Counsel for the appellant, adjourned

for final arguments to 27.04.2020 as main counsel is not

available today.

Interim orders, if any, to continue till next date of hearing



A.No. 40/17 28.01.2020 Present : Shri S.D.Ansari, Ld. Counsel for the appellant.

Sh. H.R. Aggarwal, Ld. Counsel for respondent in contempt

application in Appeal No. 40/17.

Shri Rana Ranjit Singh Ld. counsel for respondent No. 4.

Arguments have been partly heard on the contempt

application.

Ld. counsel for parties states that appeal filed by

respondent No. 4 is listed on 18.02.2020.

Due to heavy board, this matter cannot be listed on

18.02.2020.

Be listed for arguments on 16.04.2020.



A.No. 41/17 28.01.2020 Present : Shri S.D.Ansari, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Shri Rana Ranjit Singh Ld. counsel for respondent No. 4.

Be listed for arguments with the connected appeal on

16.04.2020.



A.No. 1039/17 28.01.2020 Present : None for appellant.

Sh. Shashikant Sharma, counsel for respondent..

Resplendent is directed to file record.


