a.no. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 order.pdfmemo of appearance filed on...

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A.No. 345/16. 02.09.2019.. Present : None for the appellant. Sh. V.K. Aggarwal, Ld. Counsel for SDMC. Ld. Counsel for respondent states that appellant has not filed regularization application in terms of the settlement arrived in the LPA no. 572/11. As none has appeared for appellant, be listed for further proceedings / final arguments on 20.12.2019. (POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD 02.09.2019..

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Page 1: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 345/16. 02.09.2019.. Present : None for the appellant.

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

Ld. Counsel for respondent states that appellant has not

filed regularization application in terms of the settlement

arrived in the LPA no. 572/11.

As none has appeared for appellant, be listed for further

proceedings / final arguments on 20.12.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 2: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 880/17. 02.09.2019.. Present : Sh. Puneet Shukla, Ld. Proxy counsel for appellant.

Sh. Mohit Sharma, Ld. Counsel for SDMC.

Ld. Counsel for respondent seeks more time to file status

report.

To come up for final arguments on 19.12.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 3: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 699/18. 02.09.2019.. Present : None for appellant.

Sh. K.K. Arora, Ld. Counsel for SDMC.

Ld. Counsel for respondent states that connected appeal is

listed on 23.09.2019.

Accordingly, be listed for further proceedings on

23.09.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 4: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 241/19. 02.09.2019.. Present : Sh. Pranav Verma, Ld. Proxy counsel for appellant.

None for North DMC.

File not yet received from Ld. Appellate Court, the same be

awaited for 21.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 5: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 251/19. 02.09.2019.. Present : Sh. Manish Chokar, Ld. Counsel for appellant.

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

Time is sought to file status report and record.

To come up for arguments on the application for stay on

17.10.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 6: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 59/18. 02.09.2019.. Present : Sh. Manish Chokar, Ld. Counsel for appellant.

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

Ld. Counsel for respondent seeks time to file status report.

Written submissions filed on behalf of respondent, copy

supplied.

Be listed now for final arguments on 17.10.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 7: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 471/19. 02.09.2019.. Present : Sh. Manish Chokar, Ld. Counsel for appellant.

Steps not taken.

Notice be issued to respondent as per previous order for

17.10.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 8: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 35/19. 02.09.2019.. Present : Sh. Keshav Saini, Ld. Counsel for appellant.

Sh. Ranjeet Pandey, Ld. Counsel for SDMC.

Status report filed stating that application for regularization

of the unauthorised construction in the shape of fixing of

tent on terrace of existing ground floor at front portion of the

building was not considered by MCD as it was not in order

and Since it was not filed through Registered Architect nor

it was supported by necessary documents.

Ld. Counsel for appellant seeks more time to file a proper

application for regularization within 4 weeks. Subject to filing

of the same within four weeks, the same be processed and

status report of the same be filed.

Be listed for further proceedings on 20.12.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 9: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 301/19. 02.09.2019.. Present : None for appellant.

Sh. Ranjeet Pandey, Ld. Counsel for respondent.

Status report filed.

As none has appeared for appellant, be listed at 2.00 pm.

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

Appellate Tribunal:MCD 02.09.2019..

Page 10: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 500/18. 02.09.2019.. Present : Sh. Keshav Saini, Ld. Proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Request is made for adjournment by proxy counsel for

appellant as main counsel is not available today being

unwell.

At request, adjourned for filing of receipt of deposit of

misuse charges and final arguments on 26.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 11: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 763/16. 02.09.2019.. Present : Ms. Bhawna, Ld. Proxy counsel for appellant.

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

An application moved on behalf of appellant u/s. 151 CPC

to place on record the copy of sanction plan, copy supplied.

Ld. Counsel for respondent states that on 29.04.2019 status

report was filed stating that regularization application of the

appellant has been rejected since non-compoundable

deviations existed in the property and for non-compliance of

IN vide letter no. 2174/EE(B)-II/CLZ/2017 dated 10.01.2017.

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

on the application.

To come up for final arguments on 04.10.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 12: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 294/17. 02.09.2019.. Present : None for appellant.

Ms. Neetu Malik, Nodal Officer for SDMC.

Show cause notice be issued to Chief Law Officer, South

District to appear on the next date with status report

regarding regularization application.

To come up for further proceedings on 30.09.2019.

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

Appellate Tribunal:MCD 02.09.2019..

At 1.00 pm.

At this stage, Sh. V.K. Aggarwal, Ld. Counsel for SDMC has

appeared.

At request, show cause notice issued to Chief Law Officer,

South District stands withdrawn.

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

Appellate Tribunal:MCD 02.09.2019..

Page 13: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 744/13 and 796/13. 02.09.2019.. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Sanjay Gupta, ALO.

Ld. Counsel for appellant states that order of dismissal of

regularization application has still not been supplied.

However, Ld. Counsel for respondent states that it has been

sent by post. Respondent is directed to supply the copy of

the same to the appellant alongwith copy of IN.

To come up for final arguments on 18.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 14: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 496/19. 02.09.2019.. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Memo of appearance filed on behalf of respondent.

Time is sought to file status report and record.

Be listed for arguments on the application for interim stay

on 04.09.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 15: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 526/18, 313/18 and 312/18. 02.09.2019.. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Sh. Rishab Pant, Ld. Counsel for applicant/intervener.

Ld. Counsel for appellant states that appellant has filed

reply to the status report of the respondent dated

11.07.2019 stating that NOC of the other owners of the

property is not required to consider the regularization

application of the appellant.

Respondent to file status report regarding the regularization

application.

Be listed for final arguments on 14.11.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 16: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 1219/15. 02.09.2019..

Present : Sh. Gaurav Jain, Ld. Counsel for appellant.

Ms. Akanksha Dhami, Ld. Counsel for SDMC.

Ld. Counsel for appellant has placed on record the true

copy of the permission / regularization letter no.

12/TOWER/AE/Plan/CN2/19 dated 24/4/19 accorded to the

appellant in respect of property in question i.e. Siddarth

Building, 96, Nehru Place, New Delhi. Ld. Counsel for

appellant states that appeal be disposed off in terms of the

permission / regularization accorded by the respondent, the

same is not opposed by Ld. Counsel for respondent.

This is an appeal against the order of rejection dated

19.11.2015.

It is submitted by the Ld. Counsel for appellant that the

appeal may be disposed off accordingly and the rejection

order needs to be quashed.

The appellant will follow and abide by all the terms and

conditions of the permission letter dated 24.04.2018 and on

violation of any condition of the said letter the respondent

will be at liberty to take action as per law against the tower

in question.

In view of the above said facts and circumstances, the

appeal is disposed off as infructuous and the impugned

order of rejection order is set aside in view of the permission

letter dated 24.04.2019. On compliance of terms and

condition of letter dated 24.04.2019, respondent is directed

to deseal the tower in question installed at the premises

bearing No. Siddarth Building, 96, Nehru Vihar, New Delhi

within a period of 10 days.

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

respondent alongwith copy of this order. Files be consigned

to record room.

Page 17: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

Copy of the order be given Dasti to both the parties, as

prayed.

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

Appellate Tribunal:MCD 02.09.2019..

Page 18: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 165/18 & 164/18 02.09.2019.. Present : Sh. Pranav Verma, Proxy Counsel for appellant

Mr. K. Rehman, counsel for Monitoring Committee

Sh. Puneet Shukla, Proxy Counsel for DDA

Sh. Rajender Arya, Counsel for North DMC

Sh. Ashok Kumar, Senior Assistant

Ld. Counsel for Monitoring Committee seeks more time to

file Status Report.

To come up now on argument on maintainability of appeal

on 11.12.2012.

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

Appellate Tribunal:MCD 02.09.2019..

Page 19: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 903/13 & 906/13 02.09.2019.. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant

Sh. V.K. Aggarwal, Ld. Counsel for SDMC with AE (Bldg.)

Sh. R.C. Sharma

Status Report filed, copy supplied.

An application moved for exemption from personal

appearance of the Executive Engineer (Bldg.). Heard, in

view of the submission made, he is exempted for today.

At request of Ld. Counsel for appellant, be listed for final

arguments on 18.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 20: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 501/13 02.09.2019.. Present : None for appellant

Sh. V.K. Aggarwal with AE(Bldg.) Sh. R.C. Sharma.

Status Report filed.

An application moved for exemption from personal

appearance of the Executive Engineer (Bldg.). Heard, in

view of the submission made, he is exempted for today.

Be now listed for further proceedings/final arguments on

18.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 21: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 896/18 & 895/18 02.09.2019.. Present : Sh. Daman Popli, Counsel for appellant

Sh. Akhil, Proxy Counsel for North DMC

More time is sought to file Status Report as the concerned

AE(Bldg.) has been transferred.

Come up now for filing Status Report and final arguments

on 9.12.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 22: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 608/19 02.09.2019.. Present : Sh. Gopi Chand, father of the appellant

Sh. Abdul Haq, Nodal Officer from North DMC

Appellant seeks adjournment as his counsel is busy in

Hon’ble High Court.

To come up now for final arguments on 25.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 23: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 552/2018 02.09.2019.. Present : Sh. Aditya Vijay Kumar, Counsel for appellant

Sh. Abdul Haq, Nodal officer

Application moved on behalf of the appellant to file

documents, copy be supplied.

To come up for reply of application and arguments on

11.11.2019.

AE (Bldg.) is directed to be present on the next date of

hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 24: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 500/17 02.09.2019.. Present : Sh. Dhananjay Rana,Counsel for appellant

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

Ms. Meenakshi Kalra, intervener

Status report along with photographs filed, copy supplied.

Ld. Counsel for appellant seeks more time to place on

record a copy of order of Hon’ble High Court

Be listed for final arguments on 8.11.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 25: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 476/17 02.09.2019.. Present : Appellant in person Ms. Meenakshi Kalra

Sh. Akhil, Proxy Counsel for North DMC

Sh. Dhananjay Rana, Counsel for applicant

Sh. Sandeep Manglik, ALO

Reply filed by the MCD to the application of the appellant

under section 151 of CPC, copy supplied.

Time is sought by Ld. Counsel for appellant to file reply to

the application under order 1 Rule 10.

Be listed for arguments on the application on 8.11.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 26: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 510/17 & 461/17 02.09.2019.. Present : Sh. M.S. Khan, Counsel for the appellant

Sh. Dhananjay Rana, Counsel for the appellant

Sh. H.R. Aggarwal, Counsel for MCD

Be listed for final arguments with the connected appeal on

08.11.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 27: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 610/18, 611/18 and 612/18 02.09.2019.. Present : Sh. Manoj Kumar, counsel for appellant

Smt. Sarita Gaur, ALO with EE(Bldg) Sh. S.C. Meena

Status report filed, copy supplied. Ld. Counsel for appellant

seeks time for filing objection to status report.

Be listed for final arguments on 19.11.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 28: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 343/19 02.09.2019.. Present : Sh. Dalip Rastogi, Counsel for appellant

Sh. Akhil, Proxy Counsel for respondent

More time is sought to file status report by the respondent.

Show cause notice be issued to the AE(B) concerned as he

is absent despite of being directed to be present today.

Be listed for final arguments on 21.11.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 29: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 186/17 02.09.2019.. Present : Appellant with Counsel Sh. Rakesh Kumar

Sh. Syed Adil Husain, Counsel for respondent

Documents filed on behalf of the appellant, copy supplied.

Ld. Counsel for respondent seeks time to verify the

documents filed by the appellant. AE(B) is directed to be

present on next date of hearing.

Be listed for final arguments on 3.10.2019.

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

Appellate Tribunal:MCD 02.09.2019..

Page 30: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 387/19 02.09.2019.. Present : Appellant with Counsel Sh. S.D. Ansari

Sh. Dharamvir Gupta, Counsel for North DMC

Smt. Sarita Gaur, ALO

Matter taken up today as inadvertently, the matter was listed

on 31.08.2019 which was holiday.

Status report filed regarding verification of the affidavit of the

appellant regarding the existing construction, copy supplied.

To come up for final arguments on 23.09.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 31: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 388/19 02.09.2019.. Present : Appellant with Counsel Sh. S.D. Ansari

Sh. Dharamvir Gupta, Counsel for North DMC

Smt. Sarita Gaur, ALO

Matter taken up today as inadvertently, the matter was listed

on 31.08.2019 which was holiday.

Status report filed regarding verification of the affidavit of the

appellant regarding the existing construction, copy supplied.

To come up for final arguments on 23.09.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 32: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 126/18 02.09.2019.. Present : Non for appellant

Sh. H.R. Aggarwal, Counsel for MCD

Show cause notice be issued to Executive Engineer(B) as

he is not present today despite of being directed to do so.

Be listed for filing status report/final arguments on

30.10.2019.

Interim orders to continue till next date of hearing.

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

Appellate Tribunal:MCD 02.09.2019..

Page 33: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No., 53/16, 110/16, 111/16, 112/16, 113/16,114/16, 115/16,

116/16, 117/16, 118/16, 119/16, 120/16, 121/16, 122/16,

377/16, 378/16, 347/16 to 359/16, 379/16, 417/16, 520/16,

522/16, 540/16 to 548/16, 551/16, 564/16, 566/16, 567/16,

322/16, 323/16, 324/16, 325/16, 523/16, 521/16, 524/16,

360/16, 516/16, 552/16, 553/16, 562/16, 565/16, 519/16,

515/16, 366/16, 367/16, 368/16, 369/16, 370/16, 507/16,

510/16, 571/16 & 563/16, 1192/15, 1193/15, 1194/15,

1199/15, 113/17.

02.09.2019 Present : Sh. Aditya Madan Ld. counsel / Sh. Hemant Kumar,

Ld.Proxy Counsel and Sh. Vikram Patralekh / Amar

Kumar Ld. counsels for appellants.

Sh. Madan Sagar / Sh. Mohit Sharma / Sh. Sandeep

Gupta / Sh. V.K. Aggarwal / Sh. H.R. Aggarwal / Sh.

Shashikant Sharma /Sh. Samit Khosla / Sh. Niraj Kr.

Singh /Sh. Sanjay Aggarwal / Sh. Manoj Kumar / / Ms.

Manjusha Jha / Sh. Akar Bhardwaj Ld. counsels for

respondents with Sh. D.P. Sharma, AE(B).

Sh. R.K. Singh, Ld. proxy counsel for DDA.

Ld. counsels for MCD seeks time to file the status report

regarding deviations / excess coverage.

To come up for filing of the status report on 28.11.2019.

Original order be placed in appeal no. 349/16 and

attested copies of the order be placed in remaining

appeals mentioned above.

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

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

Appellate Tribunal:MCD 02.09.2019

Page 34: A.No. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 ORDER.pdfMemo of appearance filed on behalf of respondent. Time is sought to file status report and record. Be listed

A.No. 548/14 02.09.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant with Sh. Manish

Kumar Singh, AR of the appellant company.

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

Ld. counsel for appellant states that appellant wants to

dismantle the telecommunication tower from the premises in

question s such the same is required to be temporarily

desealed.

Statement of the AR of the appellant company recorded.

Respondent is directed to deseal the property in question

for a period of four weeks w.e.f. 11.09.2019 to 11.10.2019

and thereafter reseal it if the same is not dismantled.

Be listed for filing of the status report by the respondent on

06.12.2019.

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

as prayed for.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 891/16 02.09.2019 Present : None for the appellant.

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

No one has appeared on behalf of the appellant despite

several calls since morning, even on the previous date of

hearing no one had appeared for the appellant.

It is 12.45 PM, it appears that appellant is not interested in

pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution. Resultantly, the impugned order dated

16.09.2016 stands confirmed. The respondent is at liberty to

take action as per law in the property in question. AE(B)

concerned is directed to file the action taken report before

Dy. Commissioner concerned.

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

respondent alongwith copy of this order. File be consigned

to record room.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 944/16 02.09.2019 Present : Sh. Ghansham Mishra, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for.

At request of Ld. counsel for appellant, adjourned to

16.12.2019 for final arguments.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 972/16 & 205/16 02.09.2019 Present : Appellant with Ld. counsel Sh. M.L. Garg.

Sh. Shashikant Sharma, Ld. counsel for.

At request of Ld. counsel for appellant, adjourned to

14.10.2019 for final arguments.

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

Appellate Tribunal:MCD 02.09.2019

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P.No. 60/13 02.09.2019 Present : Sh. Amit Sethi, Ld. counsel for appellant.

Sh. Nilesh Sawhney, counsel for New Delhi Municipal

Council with Sh. Ashok Kumar, Sr. Asstt.

Brief synopsis filed on behalf of the appellant, copy

supplied.

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 which

residential use the premises in question is required to be

desealed. The affidavit filed by the appellant shall state the

same 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.

To come up for arguments on 11.10.2019.

Be listed at 12.30 p.m.

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

Appellate Tribunal:MCD 02.09.2019

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M.No.13/18 02.09.2019 Present : Sh. Agardeep Goel, Ld. counsel for appellant.

Fresh Vakalatnama filed on behalf of the appellant.

At request of Ld. counsel for appellant, adjourned to

17.12.2019 for arguments.

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

Appellate Tribunal:MCD 02.09.2019

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M.No. 1082/16 02.09.2019 Present : None for the appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

File is not received from the Ld. Appellate Court.

Be listed for awaiting the file on 13.12.2019.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 382/17 02.09.2019 Present : Sh. Deepak Vashisht, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

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

arguments to 16.10.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 763/17 02.09.2019 Present : Sh. Umesh Kumar, Ld. proxy counsel for appellant.

Sh. Anil Mishra, Ld. counsel for MCD.

Ld. counsel for appellant seeks adjournment as main

counsel is not available today.

Be listed for final arguments on 22.11.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 780/16 02.09.2019 Present : Sh. Amit Jain, Ld. counsel for appellant.

Sh. Ashok Kumar, Senior Asstt. from NDMC.

Time is sought to file reply of the application of the appellant

for repairs.

Be listed for reply and arguments on the application on

01.11.2019.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 189/17 02.09.2019 Present : Sh. Nishant Anand, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for.

To come up for final arguments with the connected appeal

on 02.12.2019.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 58/19 02.09.2019 Present : Sh. M. Hussain, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for.

More time is sought to file the status report regarding

verification of the affidavit of the appellant regarding the

extent of construction.

To come up for final arguments on 02.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 412/17 02.09.2019 Present : Sh. Sanjeev Kumar, Ld. counsel for appellant.

Sh. Gian Chand, Ld. counsel for MCD.

An application moved on behalf of the appellant to bring on

record the LRs of the deceased appellant, copy supplied.

To come up for reply and arguments on the application. The

LRs of the deceased appellant to be for their statement on

17.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 413/17 02.09.2019 Present : Sh. Sanjeev Kumar, Ld. counsel for appellant.

Sh. Gian Chand, Ld. counsel for MCD.

To come up with connected appeal on 17.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 301/19 02.09.2019 Present : None for the appellant.

Sh. Ranjeet Pandey, Ld. counsel for respondent.

No one has appeared on behalf of the appellant despite

several calls since morning.

On last date also no one had appeared for the appellant.

It is 2.30 PM, it appears that appellant is not interested in

pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution. Resultantly, the impugned order dated

16.08.2018 stands confirmed. The respondent is at liberty to

take action as per law. AE(B) concerned is directed to file

the action taken report before Dy. Commissioner

concerned.

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

respondent alongwith copy of this order. File be consigned

to record room.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 483/19 02.09.2019 Present : Sh. Rakesh Sharma, ld. counsel for appellant.

Sh. Mohit Sharma, ld. counsel for SDMC.

File taken up on the application moved by appellant for

interim ex-parte stay.

This is an appeal against the demolition.

Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

The averments made are that appellants are the owners of

the property No.A-9A, ground floor, Friends Colony, New

Delhi having purchased the same vide registered sale deed

dated 22.11.2018. It is further stated that the construction in

the property in question is old existing since 2002 and as it

was in dilapidated condition only renovation and repairs

were carried out in the basement and ground floor, for which

no permission is required from the MCD, in view of Clause

6.4.1 of Unified Building Bye Laws.

It is further stated that principles of natural justice have not

been followed before passing of the impugned order as

respondent has not served show cause notice upon the

appellants. It is further stated that construction is well within

the Building Bye Laws and an application for regularization

has been moved. It is also stated that construction in the

property in question is protected under Delhi Laws (Special

Provisions) Act, 2006.

Status report has been filed by the SDMC stating that action

u/s 344 and 345A of the DMC Act has been initiated against

the suit property for unauthorized construction in the shape

of infringement in rear portion and front portion at ground

floor and thereafter demolition order was passed. It is also

stated that demolition action has been taken at the rear side

on 24.07.2019.

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-2-

Ld. counsel for respondent further states that show cause

notice was sent by speed post and seeks time to file the

track report of the same.

Heard. Keeping in view the submissions made by Ld.

counsel for appellant that construction in property in

question is protected by Delhi Laws (Special Provisions)

Act and that an application for regularization has been

moved, in the said facts and circumstances the respondent

is directed not to take further demolition action in the

property in question bearing No. A-9A, ground floor, Friends

Colony, New Delhi till next date of hearing pursuant to the

demolition order dated 02.07.2019.

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.

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.

Be listed for final arguments on 16.10.2019.

The date of hearing dated 09.09.2019 stands cancelled.

A copy of the order be given Dasti to counsel for parties, as

prayed for.

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

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Appellate Tribunal:MCD 02.09.2019

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A.No. 499/19 02.09.2019 Present : Appellant with Ld. counsel Ms. Kusum Sharma.

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

sealing dated 15.01.2019 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 25.09.2019.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 498/19 02.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

of rejection dated 22.10.2018 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 03.10.2019.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 789/19 02.09.2019 Present : Sh. Amit Batra, Ld. counsel for appellant.

Ms. Mithlesh Singh, Ld,. counsel for respondent with Sh.

Sanjay Gupta, ALO.

An application moved on behalf of the appellant, copy

supplied.

To come up for reply, if any, arguments on application on

next date.

Status report filed, copy supplied.

Ld. counsel for appellant seeks time to file affidavit in terms

of the previous order.

Be listed for final arguments on 04.10.2019.

L.I. concerned to be present on next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 785/18 02.09.2019 Present : Appellant in person.

Ms. Ashima Jain Ld. counsel for MCD.

Status report filed, copy supplied.

Respondent is directed to file detailed status report

mentioning the measurements which do not tally with the

existing construction at site.

Be listed for filing report and final arguments on 02.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 992/17 02.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

At request of Ld. counsel for appellant, adjourned to

10.12.2019 for final arguments.

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

Appellate Tribunal:MCD 02.09.2019

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A.No. 548/14 02.09.2019 Statement of Sh. Manish Kumar Singh, AR of the appellant company

On SA

I have instructions from the company to state that company intends to

dismantle telecommunication tower from the premises bearing No.25,

Najafgarh Industrial Area, New Delhi. After dismantling the

telecommunication tower company will remove entire dismantled material

alongwith DG set and all other equipments from the aforesaid premises.

The company has no intention to carry on with the Telecommunication

Tower in question any further. No other relief is required in this appeal

except for temporary desealing for the period of four weeks.

RO & AC

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

Appellate Tribunal:MCD 02.09.2019