a.no. 345/16.mcdonline.gov.in/at/dailyordersnew/637_02.09.2019 order.pdfmemo of appearance filed on...
TRANSCRIPT
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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.
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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..
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
-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.
Appellate Tribunal:MCD 02.09.2019
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
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
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
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
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
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