a.no. 233/18. 11.10.2019 present : none for appellant

A.No. 233/18. 11.10.2019 Present : None for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for SDMC with Sh.

Rajender Prasad Sharma, LI.

Be awaited till 12.00 pm.

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

Appellate Tribunal:MCD 11.10.2019

A.No. 518/19. 11.10.2019 Present : Sh. Avinash Lakhanpal, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC.

Status report filed, copy supplied.

Ld. counsel for appellant is directed to file the mutation letter

of the property in question and also the entire chain of title

documents with English translation.

Be listed for arguments on the application for interim stay on

14.11.2019.



A.No. 266/16. 11.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for EDMC with Sh. Ankit

Pandey, JE(B).

Ld. counsel for appellant seeks two weeks time to apply for

re-opening of regularization application.

Subject to filing of the same within two weeks, the same be

processed and status report be filed on the next date.

Be listed for further proceedings on 13.12.2019.



A.No. 179/16. 11.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

Status report filed stating that the regularization application

of appellant is pending since shortcomings in the same

have not been complied with, copy supplied.

The appellant is directed to comply with the same within two

weeks.

To come up now for filing of status report on 13.12.2019.



A.No. 47/14. 11.10.2019 Present : Ms. Laxmi Singh, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC.

Ld. counsel for respondent states that till date no application

has been moved for regularization.

Ld. counsel for appellant seeks time to verify the same.

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

arguments to 11.02.2020.

Interim orders to continue till next date of hearing.



A.No. 825/14 and 849/15. 11.10.2019 Present : Ms. Laxmi Singh, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for EDMC.

Ld. counsel for respondent states that the documents filed

with the application under Order 22 Rule 10 CPC have not

been supplied, same be supplied by the appellant.

Be now listed for reply and arguments on the application on

11.02.2020.




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

R.K. Jain, AE(B).

Status report filed stating that the application for

regularization stands rejected, copy supplied.

Ld. counsel for appellant seeks two weeks time to apply for

re-opening of regularization application.

Subject to filing of the same within two weeks, the same be

processed and status report be filed on the next date.




A.No. 472/19. 11.10.2019 Present : Ms. Shikha, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for SDMC with Sh.

Athar Mustafa, AE(B).

Time is sought to file status report and record.

Ld. counsel for respondent states that record has been filed

in the connected appeal no. 644/18 titled Indus Tower Ltd.

Vs. SDMC.

At request of Ld. counsel for appellant, to come up for filing

of status report and arguments on the application on

15.11.2019.




Ms. Mithlesh Singh, Ld. counsel for North DMC.


Be now listed for filing of status report of the regularization

application and final arguments on 06.02.2020.



A.No. 1001/17. 11.10.2019 Present : Sh. K.K. Sharma, Ld. counsel for appellant.

Sh. Brijesh Tangri, Ld. counsel for applicant.

Ms. Praveen Sharma, Ld. counsel for SDMC.

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

copy of application under Order 1 Rule 10 CPC, the same

be supplied during the course of the day against proper

receipt.

Be now listed for reply and arguments on the application on

27.11.2019.

Ld. counsel for respondent states that the application for

vacation of stay is also pending, the same be also listed for

arguments on the next date of hearing.



A.No. 234/18. 11.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.


Arguments partly heard.

Ld. counsel for respondent seeks time to file written

synopsis.

Be listed for further final arguments on 22.11.2019.



A.No. 387/13 and 388/13. 11.10.2019 Present : Sh. Milan Verma, Ld. counsel for appellant.


Status report filed stating that the file which was forwarded

to the competent authority for temporary de-sealing of the

property for taking the measurement has not been received

back till date. It is further stated that the measurement of the

property in question has to be taken to decide the

application for regularization of the appellant. Copy

supplied.

Heard, the property in question be desealed on 15.10.2019

for taking measurement from 11.00 am to 5.00 pm and

thereafter be resealed. The appellant is directed to be

present on the said date and time.

To come up now for filing of status report on 29.11.2019.

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

parties, as prayed for.



A.No. 109/19 and 269/18. 11.10.2019 Present : Sh. O.P. Verma, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC with Sh.

Rajiv Jain, AE(B).

Status report filed stating that upon inspection of the

property in question on 23.09.2019, it was found that there

was excess coverage / non-compoundable deviations,

which have not been rectified, copy supplied.

Ld. counsel for appellant seeks time to file objections.

To come up for further proceedings on 19.11.2019.



A.No. 191/19. 11.10.2019 Present : Appellant with Ld. counsel, Sh. Ramesh Chander.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC.

More time is sought to file status report as to whether the

property in question is a part of 21960 industrial units in

which Ld.Commissioner has filed an affidavit before the

Hon;ble Supreme Court in Writ Petition (C) No. 4677/1985

titled M.C. Mehta Vs UOI. In case it is not so, the misuse

charges / penalty, if any, payable by the appellant be

communicated to him. It be also clarified by (AO) Civil Line

Zone the purpose for which the property in question can be

used.

To come up for further proceedings on 08.11.2019.

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

respondent, as prayed for.



A.No. 257/18. 11.10.2019 Present : Sh. Rajnish Kumar, Ld. Proxy counsel for appellant.

Sh. Beena Sharma, Ld. counsel for SDMC.

Sh. G.R. Verma, Ld. counsel for applicant.

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

the application under Rule 17 of Appellate Tribunal Rules

read with 151 CPC.

Proxy counsel for appellant also seeks adjournment for

arguments on the application under Order 1 Rule 10 CPC.

Be listed on 08.01.2020.




A.No. 275/18. 11.10.2019 Present : Sh. Abhimanyu Chauhan, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for North DMC.

An application moved for withdrawal of the appeal.

Statement of Ld. counsel for appellant recorded.

In view of the statement of Ld. counsel for appellant, the

appeal stands dismissed as withdrawn. Resultantly the

impugned order dated 18.04.2018 stands confirmed.

Respondent is at liberty to take action in the property in

question in accordance with law. AE(B) concerned to file

action taken report before the Dy. Commissioner concerned

who shall ensure the compliance of the impugned order.

The file of the department, if any, be returned to the

respondent.

File be consigned to record room.



A.No. 582/18. 11.10.2019 Present : Sh. Abhimanyu Chauhan, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for North DMC.




appeal stands dismissed as withdrawn. Resultantly the

impugned order dated 25.07.2018 stands confirmed.

Respondent is at liberty to take action in the property in

question in accordance with law. AE(B) concerned to file

action taken report before the Dy. Commissioner concerned

who shall ensure the compliance of the impugned order.


respondent.




A.No. 271/19. 11.10.2019 Present : Sh. Sidharth Raj, Ld. counsel for appellant.

Sh. Sh. Dharamvir Gupta, Ld. counsel for North DMC.

Ld. counsel for appellant states that he has instructions to

withdraw the appeal with liberty to approach the Hon’ble

Supreme Court / Monitoring Committee constituted by the

Hon’ble Supreme Court.



appeal stands dismissed as withdrawn with liberty to

appellant to approach the Hon’ble Supreme Court /

Monitoring Committee constituted by the Hon’ble Supreme

Court.


respondent.




A.No. 36/15. 11.10.2019 Present : Appeallant with Ld. counsel, Sh. Nitin Kumar.

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

Fresh Vakalatnama filed on behalf of the appellant.


It is stated that the property of the appellant has been

demolished by the respondent as such the appeal has

become infructuous. It is further stated that the appellant

may be allowed to withdraw the appeal.

Statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 04.07.2011 stands confirmed. Respondent is at liberty

to take action in the property in question in accordance with

law. AE(B) concerned to file action taken report before the

Dy. Commissioner concerned who shall ensure the

compliance of the impugned order.


respondent.




A.No. 454/12. 11.10.2019 Present : Sh. K.N. Singh, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC.

Objections filed on behalf of appellant, copy supplied.

Present appeal has been filed against the order of rejection

of regularization.

Ld. counsel for respondent states that the interim protection

was granted to the appellant which was to operate till the

decision of the re-opening of the regularization application

which was pending at that time. Ld. counsel for respondent

further states that the regularization application of the

appellant / Society has been rejected on 06.04.2018 and

communicated to the appellant society. It is further stated

by Ld. counsel for respondent that the society had to

remove the non-compoundable deviations which had been

mentioned in the status report dated 13.11.2018 which had

not been done till now as such the interim order is liable to

be vacated.

On the other hand, Ld. counsel for appellant states that

there are no non-compoundable deviations in the flats of

Society. He seeks time to file the objections in this regard

alongwith the plan of the existing construction and

sanctioned building plan.

To come up now for further proceedings on 10.12.2019.

EE(B) to be present on the next date.



A.No. 671/11. 11.10.2019 Present : Appellant in person.

Sh. H.R. Aggarwal, Ld. Counsel for MCD.

Appellant is directed to file the affidavit qua the existing

construction alongwith sanctioned building plan on the next

date.

Be listed with the connected appeal on 10.12.2019.

EE(B) to be present on the next date.




Sh. Utkarsh Sharma, Ld. Proxy counsel for EDMC with Sh.

P.K. Tiwari, AE(B).

This appeal pertains to order of rejection dated 23.08.2016

in respect of erection of Mobile Tower installed at the roof

top of property bearing Plot No.5, Khasra No. 511/2, 212,

Village Kondli, Abadi of Haijan Basti, Ambedkar Road,

Illaqa, Shahdara, Delhi-96.

Status report filed stating the permission has been accorded

for installation of telecom tower on the roof of the property in

question vide letter bearing No. EE(B)-II/Shah(S)/2018/D-

4250 Dated 11.12.2018, copy of permission letter also filed.

The permission of regularization is valid for five years from

the date of erection / installation of the pole site.

In view of permission / regularization granted by respondent

the impugned order of rejection dated 23.08.2016 has

become infructuous, appeal stands disposed off, subject to

compliance of the terms and conditions of letter dated

12.03.2019for a period of five years from the date of

erection / installation.

The respondent is at liberty to take action after the period of

expiry of five years in accordance with law.

The appellant is directed to abide by all the terms and

conditions of the permission letter and in case of violation

of any condition of the said letter the respondent will be at

liberty to take action as per law against the

telecommunication tower in question.

The appeal stands disposed off.


respondent alongwith copy of this order. File be consigned

to record room.



M in A.No. 835/17. 11.10.2019 Present : None for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

AE (B) concerned is directed to submit the action taken

report before Dy. Commissioner concerned who will ensure

the compliance of the impugned order.


respondent along with copy of this order.





Sh. Shashikant Sharma, counsel for respondent.









A.No. 448/18,338/18,79/18,80/18,81/18,82/18, and 83/18 11.10.2019 Present : Shri O.P. Verma, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Ld. Counsel for the appellant seeks time to file application

for reopening of the regularization application within a week.

Subject to filing of the same, respondent is directed to

process the same and file the status report.

Be listed for final arguments to 14.11.2019.



A.No. 949/16. 11.10.2019 Present : Shri Harjit Sarkar, Ld. proxy Counsel for the appellant.

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

At request of Ld. proxy Counsel for the appellant adjourned

for final arguments to 13.02.2020 as main counsel is not

available today.




A.No. 478/11 11.10.2019 Present : None for appellant.


As none has appeared for appellant, be listed for further

proceedings on 06.02.2020.



A.No. 11.10.2019 Present :



A.No. 118/2009 11.10.2019 Present : Shri K.N. Singh, Ld. Counsel for the appellant.


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

filing synopsis and final arguments to 05.12.2019.



A.No. 221/18. 11.10.2019 Present : Shri Rahul Mehra, Ld.proxy Counsel for the appellant.

None for respondent.

As none has appeared for respondent, be listed for final

arguments to 19.12.2019.




Shri Jatin Aggarwal, Ld. counsel for the respondent.

As none has appeared for appellant, be listed for further

proceedings on 04.12.2019.



A.No. 235/15. 11.10.2019 Present : Shri Bhupender Kumar, Ld. proxy Counsel for the appellant.

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

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

final arguments to 15.01.2020.





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

Be awaited.



1.00 PM 11.10.2019.

None for appellant.

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

As none has appeared on behalf of the appellant despite

several cdalls since morning, , the impugned order dated

4.9.2012 stands confirmed. Respondent is at liberty to take

action in the property in question in accordance with law.









A.No. 327/19 and 385/19 11.10.2019 Present : Sh. D.S. Khatri, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

At request of Ld. counsel for appellant adjourned to

05.11.2019 for filing brief synopsis and final arguments.



A.No. 149/18 11.10.2019 Present : Sh. Sahil Sharma, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

An application moved on behalf of the appellant u/s 343

DMC Act for directing the respondent to demolish the illegal

/ unauthorized construction, copy supplied.

To come up for filing reply and arguments on 15.11.2019.

AE(B) concerned to present on date fixed.



A.No. 259/18 & 874/18 11.10.2019 Present : Sh. Shubham Gupta, Ld. proxy counsel for appellant.

Ms. Bina Sharma / MFs. Puja Mann, Ld. counsel for SDMC.

More time sought on behalf of the appellant to file reply to

the application under order 1 Rule 10 CPC.

At request adjourned to 16.12.2019 for reply and arguments

on the said application.

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



A.No. 416/19 11.10.2019 Present : Appellant with Ld. counsel Sh. Rahul Singh.

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

Sachin Kumar, L.I.

More time is sought to file status report by Ld. counsel for

respondent.

Be listed for filing status report on 06.11.2019.

L.I. is directed to be present on date fixed.



A.No. 708/17,709/17, 639/17, 640/17 and 1045/17 11.10.2019 Present : Sh. Sahil Sharma, Ld. proxy counsel for appellant.

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

At request of proxy counsel for appellant, adjourned to

12.02.2020 for filing of brief synopsis and final arguments.

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



A.No. 808/17 11.10.2019 Present : Appellant with Ld. counsel Sh. Manan Sisodia.

Sh. Raj Bhushan, JLO from EDMC/

None for Monitoring Committee.

Affidavit filed by the appellant, copy supplied.

Time is sought to file status report by the respondent

as copy of the affidavit has been supplied only two days

ago.

AE(B) concerned to be present on next date with the status

report clarifying the purpose for which the property in

question can be used and also whether entire payment

towards penalty / misuse charges has been received.

Be listed for arguments on 03.12.2019.



A.No. 870/18 11.10.2019 Present : Sh. Piyush Kulshreshta, Ld. counsel for appellant.

Sh. Sandeep Gupta, Ld. counsel for EDMC.

More time is sought by Ld. counsel for respondent to file the

reply to the application for condonation of delay and appeal.

Be listed for 21.11.2019 for arguments.

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



A.No. 352/19 11.10.2019 Present : Sh. Sandeep, Ld. counsel for appellant.

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

Rejoinder filed on behalf of the appellant, copy supplied.

On request of Ld. counsel for appellant adjourned to

08.01.2020 for arguments as main counsel is not available.



A.No. 196/18 & 36/19 11.10.2019 Present : None for the appellant.

Sh. Amit Kumar / Sh. Vikram Aggarwal, Ld. counsel for

respondent.

As none has appeared for the appellant, to come up for

further proceedings on 07.01.2020.



A.No. 405/19 11.10.2019 Present : Sh. Shashank Ahuja, Ld. counsel for appellant.

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


Time is sought to file the record.

To come up for final arguments on 29.01.2020.

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



A.No. 392/19 11.10.2019 Present : Sh. Shashank Ahuja, Ld. counsel for appellant.

Sh. Nitin, Ld. proxy counsel for North DMC.

Be listed for final arguments with the connected appeal on

29.01.2020.



A.No. 235/19 11.10.2019 Present : Sh. Purushottam, Ld. proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC.

Ld. counsel for respondent seeks more time to file the list of

21960 industrial units in terms of the previous order.

To come up for arguments on maintainability of the appeal

on 20.12.2019.

Administrative Officer concerned to be present on next date.



A.No. 825/18. 11.10.2019 Present : Shri Yudhister Sharma, Ld. counsel for appellant.

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

Ld. counsel for appellant seeks time to file the order of the

Hon’ble High Court passed in Writ Petition No.11311/2009

in which directions have been given to the respondent to

inspect the flats of the Sunhari Bagh Cooperative Group

Housing Society Sector 13 Rohini and submit the report

regarding unauthorized construction raised therein. Ld.

counsel for appellant further states that this is a case of pick

and choose as unauthorized construction have been raised

in several flats of the society but they have not been

booked.

EE(B) concerned to be present with the status report

regarding the flats booked for unauthorized construction in

the society of Sunhari Bagh Cooperative Group Housing

Society, Sector 13 Rohini..

Be listed for filing of status report and arguments on

13.12.2019.



A.No. 60/13. 11.10.2019 Present : Shri Amit Sethi, Ld. counsel for appellant with its Vice

President Shri Jaideep Narula.

Shri Ashok Kumar, Nodal Officer.

Shri Mehul Prashad, Ld. proxy counsel for Monitoring

Committee.

Affidavit filed by the appellant, copy supplied.

It is submitted on behalf of respondent that the land use of

plot No. 10 Doctor land,New Delhi is for residential use as

per Zonal development Plan of Zone-D. The building was

approved for residential use only as per the completion plan

approved vide resolution no. 29 dated 12.10.1993. The

property can be used for professional activity i.e. for medical

profession/doctor in terms of clause NO. 6 of the perpetual

lease deed dated 09.02.2017 subject to the conditions given

in para 15.8 and para 15.9 of Chapter Mixed Use –MPD-

2021 2021. Before putting the property under mixed use the

building plan/proposal has to be got approved from NDMC

as per the provisions of Building Bye Laws 2016 and MPD-

2021 and NDMC Act 1994. The property shall also be got

registered with local body for using the premises for

professional activity i.e. Medical profession/Doctor in terms

of para 15.9 of Chapter mixed Uses MPD-2021 2021.

Further the person who is doing the professional activity in

the said premises is liable for payment of mixed use

charges every ear and one time parking charges as per the

rates notified by DDA. Furthermore as per available records

the Appellant has to deposit Rs. 1, 48,67,835/- (Rupees one

crore forty eight lakh sixty seven thousand eight hundred

thirty five only ) as misuse charges.

Request is made for adjournment as Ld. counsel for

respondent is not available today.

Be listed on 05.11.2019 for arguments.

T



At this state, Shri Nilesh Sahani, Ld. counsel for respondent

has appeared , he has been apprised of the order.

(POONAM CHAUDHARY)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

11.10.2019


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

As none has appeared for appellant, be listed for awaiting

orders of Ld. Appellant court and further proceedings on

06.01.2020.



A.No. 898/18. 11.10.2019 Present : Sh. Sanjay, son of appellant.

None for respondent.

As none has appeared for respondent, to come up for final

arguments on 08.01.2020.

Interim order to continue till next date.



A.No. 493/19. 11.10.2019 Present : Shri Praveen Rao and Ms. Ritigya Singh, Ld. counsel for

appellant.

File taken up on application moved on behalf of appellant

under Section 345-A(b) of DMC Act 1957 read with Section

17 DMC Act Rules and under Section 17 of DMC rules for

modification of order dated 29.08.2019.

Another application moved by appellant for removal of part

of seal.

Notice of application be issued to the respondent for date

fixed (22.10.2019).



A.No. 275/19. 11.10.2019 Present : Appellant with counsel Shri Dalip Rustogi.

1. File taken up on application moved by appellant for

early hearing as demolition action has been fixed for 12th

and 14th October 2019 by respondent.

2. Notice be issued to the respondent for 14.10.2019.

3. The averments made are that the appellant has filed

appeal against the order of demolition dated 30.04.2019. It

is further stated that the construction in the property is an

old one comprising of ground floor, first floor, second floor

and third floor. It is further stated that as the property was in

dilapidated condition, notice under section 348 of the DMC

Act was issued by the respondent to appellant to repair it

and secure the same. It is also stated that the assessment

order of the subject property dated 26.12.2006 corroborates

the extent of construction. It is further stated by the

appellant had only carried out necessary repairs/renovation

in the property to secure the building and to prevent danger

to others.

4. It is further stated that the respondent, however,

initiated proceedings under section 343 and 345A of the

DMC Act against the property of the appellant pursuant

thereto appellant had given letters dated 29.04.19 and

30.04.2019 to respondent requesting for time to submit

additional documents. The said facts have been noted at

page 3/N of the record file. The respondent, however,

refused to accede to the said request. It is further stated that

the application for interim stay moved by the appellant was

dismissed on 19.07.2019 as such respondent are intending

to take the demolition action qua the property in question

which is lying sealed and demolition action is fixed for

12.10.2019 and 14.10.2019.

5. The contention of Ld. counsel for appellant that

appellant sought time to file additional documents is borne

out from page 3/N of the record file of respondent. It is

further submitted by Ld. counsel for appellant that full

opportunity was not afforded to appellants to represent his

case which is gross violation of principles of natural justice

according to which no person should be condemned un-

heard.

6. Heard, in view of the submissions made the

demolition action be postponed by respondent till next date

of hearing.

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

appellant, as prayed for.



A.No. 274/19. 11.10.2019 Present : Appellant with counsel Shri Dalip Rustogi.

1. File taken up on application moved by appellant for

early hearing as demolition action has been fixed for 12th

and 14th October 2019 by respondent.

2. Notice be issued to the respondent for 14.10.2019.

3. The averments made are that the appellant has filed

appeal against the order of sealing dated 29.04.2018. It is

further stated that the construction in the property is an old

one comprising of ground floor, first floor, second floor and

third floor. It is further stated that as the property was in

dilapidated condition, notice under section 348 of the DMC

Act was issued by the respondent to appellant to repair it

and secure the same. It is also stated that the assessment

order of the subject property dated 26.12.2006 corroborates

the extent of construction. It is further stated by the

appellant had only carried out necessary repairs/renovation

in the property to secure the building and to prevent danger

to others.

4. It is further stated that the respondent, however,

initiated proceedings under section 343 and 345A of the

DMC Act against the property of the appellant pursuant

thereto appellant had given letters dated 29.04.19 and

30.04.2019 to respondent requesting for time to submit

additional documents. The said facts have been noted at

page 3/N of the record file. The respondent, however,

refused to accede to the said request. It is further stated that

the application for interim stay moved by the appellant was

dismissed on 19.07.2019 as such respondent are intending

to take the demolition action qua the property in question

which is lying sealed and demolition action is fixed for

12.10.2019 and 14.10.2019.

5. The contention of Ld. counsel for appellant that

appellant sought time to file additional documents is borne

out from page 3/N of the record file of respondent. It is

further submitted by Ld. counsel for appellant that full

opportunity was not afforded to appellants to represent his

case which is gross violation of principles of natural justice

according to which no person should be condemned un-

heard.

6. Heard, in view of the submissions made the

demolition action be postponed by respondent till next date

of hearing.

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

appellant, as prayed for.



A.No. 144/18. 11.10.2019 Present : Appellant with Ld. counsel Shri D.K. Mishra.

Shri Mahinder Singh, Ld. counsel for respondent.


Appellant is directed to file an affidavit before this Tribunal

and also supply one copy of the same to the respondent

stating that the property in question will be used only for

residential purpose as per provisions of MPD 2021. The

appellant will also mention the name of the person for

whose residential use the premises in question is required

to be desealed. The affidavit filed by the appellant shall also

state the name and address of the said person who will be

responsible in case of any misuse of the property in

question i.e. for use of premises in question for any purpose

other than residential.

Appellant will also state that in the event the property in

question is used for any purpose other than residential, he

shall be liable to contempt of court.

Administrative Officer concerned to be present on next date

of hearing.




A.No. 36/15 11.10.2019 Statement of Smt. Sarita Singh W/o Sh. Jaswant Singh, appellant R/o

1369-D/13, Govind Puri, Kalkaji, New Delhi.

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal unconditionally.

RO & AC



A.No. 271/19 11.10.2019 Statement of Sh. Sidharth Raj, Ld. counsel for appellant Enrol No.D-

128/19, Chamber No.113, Civil Wing Tis Hazari Courts, Delhi

Without oath

I have instructions to withdraw the appeal with liberty to approach Hon’ble

Supreme Court of India / Monitoring Committee constituted by the

Hon’ble Supreme Court.

RO & AC



A.No. 582/18 & 275/18 11.10.2019 Statement of Sh. Abhimanyu Chauhan, Ld. counsel for appellant Enrol

No.D-2170/14, Chamber No.263 second floor Aggarwal Plaza Prashant

Vihar, Delhi

Without oath

I have instructions to withdraw the appeal unconditionally.

RO & AC



A.No. 47/19 11.10.2019 Present : Sh. R.K.Mishra Ld. Counsel for Appellant.

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

withdrawal of appeal.

Notice be issued to the respondent for date already fixed

i.e.19.11.2019.



A.No. 593/19 11.10.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.

Fresh appeal filed u/s 347(B) (2) of the DMC Act against

order dated 21.08.2019 alongwith application for interim

stay. Be checked and registered.

Notice of the appeal and application be issued to the

respondent through concerned Chief Law Officer. AE(B) is

directed to appear and file entire record of the proceedings,

reply and status report of the appeal on date fixed.


16.10.2019.

Process be given dasti as prayed for.



A.No. 601/19 11.10.2019 Present : Sh. O.P.Verma, Ld. Counsel for appellant.

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

of demolition dated 26.09.2019 alongwith application for

interim stay. Be checked and registered.






22.10.2019.



A.No. 594/19 11.10.2019 Present : Sh. Surender Jain, Ld. counsel for appellant.

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

of rejection dated 13.08.2019 alongwith application for stay.

Be checked and registered.





Be listed for arguments on the application for stay on

23.10.2019.



a.no. 233/18. 11.10.2019 present : none for appellant

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