a.no. 629/10 on 14.02.2019. copy of rejection order...
TRANSCRIPT
A.No. 629/10 15.03.2019
Present : Sh. G.R. Verma, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Status report regarding regularization application filed
stating that regularization application has been dismissed
on 14.02.2019. Copy of rejection order attached. Copy of
status report and rejection order supplied to the appellant.
Respondent is directed to file status report with
regard to the claim of appellant that the premises was old as
the same was booked in the year 2010 and the same
having protection under National Capital Territory of Delhi
Laws (Special Provisions) Second (Amendment) Act, 2017.
Put up this matter for filing status report by the
respondent and arguments on 30.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 516/18, 517/18, 518/18, 519/18 & 520/18 15.03.2019
Present : Sh. Aditya Dogra, counsel for appellant.
Sh. K.K. Arora / Sh. H.R. Aggarwal proxy
counsel for Sh. A.L. Agnihotri / Sh. Sanjay
Sethi, counsel for MCD.
Sh. Ram Singh, counsel for President RWA.
Application for condonation of delay has been filed by
the appellant. Copy supplied.
Status report filed by the respondent. Copy supplied.
Adjournment sought to file reply to the application of
RWA under Order 1 Rule 10.
Original record produced. Let the same be deposited
with the Registrar.
Put up this matter for filing objections to the status
report / arguments on the application for condonation of
delay on 10.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 17/18 15.03.2019
Present : Husband of appellant.
Sh. Abdul Haq, Nodal Officer from North DMC.
Action taken report not filed despite directions.
AE(B) was directed to appear in person but not
present today.
Concerned Dy. Commissioner is directed to appear
in person on next date of hearing.
Put up this matter for filing action taken report / status
report by the respondent on 25.04.2019.
Copy of order be given Dasti to Sh. Abdul Haq,
Nodal Officer for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 31/18 & 32/18 15.03.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Abdul Haq, Nodal Officer from North DMC
alongwith Mohd. Shakeel, AE(B).
Status report filed stating that the property would be
inspected after rectification and status report will be filed.
Put up this matter for filing complete status report by
the respondent and arguments on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 640/14 & 756/14 15.03.2019
Present : Sh. Kailash Rana, proxy counsel for appellant.
Ms. Aymn Naaz, proxy counsel for Sh. V.K.
Aggarwal / Sh. Dharamvir Gupta, counsel for
MCD alongwith Sh. Abdul Haq, Nodal Officer
from North DMC and Mohd. Shakeel, AE(B).
Status report regarding verification of extent of
structure filed.
It is stated that the premises is not tallying with the
premises mentioned in the affidavit vis-à-vis site.
It seems that incorrect affidavit has been filed by the
appellant.
Let a show cause notice be issued to the appellant
for filing incorrect affidavit.
Appellant is directed to file fresh clarificatory affidavit
/ objections to the status report.
Put up this matter for final arguments on 29.07.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
15.03.2019
A.No. 85/19, 86/19, 87/19, 88/19 & 89/19 15.03.2019
Present : Sh. Hemant Chaudhary, counsel for appellant.
Ms. Mithilesh Singh / Ms. Mehak / Sh.
Dharamvir Gupta, counsel for MCD alongwith
Sh. A.K. Jain, AE(B).
Vakalatnama on behalf of respondent filed.
Status report filed under the signature of Dy.
Commissioner. Copy supplied.
Put up this matter for final arguments on 22.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 760/13 15.03.2019
Present : Sh. Bijender, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD alongwith
Sh. Ravinder Kumar, AE(B).
Sh. Arun K Srivastav, counsel for R-2 & R-3.
Status report filed. Copy supplied.
Exemption application is moved on behalf of the Dy.
Commissioner, South Zone, SDMC.
Heard. Exempted.
Put up this matter for arguments on 29.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 177/10, 178/10, 179/10 & 180/10 15.03.2019
Present : None for appellant.
Sh. H.R. Aggarwal / Sh. Mohit Sharma,
counsel for MCD.
On 15.12.2017, last opportunity was given to the
appellant for filing authority letter.
No such authority letter has been placed on record
on behalf of Aircel Ltd. who has been substituted in place of
Chennai Network Infrastructure Ltd.
No one has appeared on behalf of the appellant
despite several calls. It appears that appellant is not
interested in pursuing the present appeals. Hence, these
appeals are dismissed in default and for non-prosecution.
Files be consigned to record.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 1180/15 15.03.2019
Present : None for appellant.
Ms. Manjusha Jha, counsel for MCD alongwith
Mohd. Ahmad, AE(B) and Sh. D. Chaudhary,
ALO.
Status report signed by Dy. Commissioner, Central
Zone filed.
It is stated that whatever demolition was possible, the
same has been done by cutting five RCC slab panels.
Further demolition appears to be not feasible due to
dilapidated condition and it has been decided to seal the
premises after proceedings u/s 345-A of DMC Act.
Adjournment sought to file the status report regarding
sealing of the property.
Put up this matter for filing status report under the
hand and signature of Dy. Commissioner concerned
alongwith photographs of entire structure on 09.07.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 125/17 15.03.2019
Present : Sh. Aman Bakshi, counsel for appellant.
Ms. Nagina Jain, counsel for MCD.
Status report filed.
Record already filed. Copy of status report supplied
to the appellant.
Put up this matter for arguments on 06.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 937/15 15.03.2019
Present : Sh. K.K. Jha, counsel for appellant.
Sh. Amit Kumar, proxy counsel for Sh. Naveen
Grover, counsel for MCD.
None for DDA.
Ld. counsel for appellant states that the retrofitting
report supplied by IIT, Rurkee has been received and the
same is placed on record alongwith copy of letter of Chief
Engineer (Design) CDO/DDA written to Smt. Anchal Pahwa,
appellant.
Put up this matter for perusal / further proceedings on
23.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 666/13 & 636/13 15.03.2019
Present : Sh. R.S. Verma, counsel for appellant.
Sh. Shashikant Sharma / Sh. V.K. Aggarwal,
counsel for MCD.
Objection to the status report was filed. Let the copy
be supplied.
In the objections, appellant has submitted that the
property is protected under National Capital Territory of
Delhi Laws (Special Provisions) Second (Amendment) Act,
2017.
Respondent is directed to file the status report in that
regard / counter to the objections.
Put up this matter for that purpose / final arguments
on 22.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
M.No. 232/15 15.03.2019
Present : None for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Status report filed stating that enquiry investigation
has been concluded and the report of Chief Vigilance
Officer has been submitted to the Commissioner for
approval.
Adjournment sought.
Put up this matter for filing outcome of enquiry and
approval of Commissioner, EDMC and further proceedings
on 24.04.2019.
Copy of order be given Dasti for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 707/18 15.03.2019
Present : Sh. G.R. Verma, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD alongwith
Sh. D. Choudhary, ALO.
Status report in compliance of previous order dated
11.01.2019 filed stating that officials of the respondent
inspected the site for the purpose of verification of extent of
construction which were found to be correct as per the
affidavit.
AE(B) was directed to verify the existence of property
no. 236 alongwith some other directions. The said status
report not filed by the AE(B) and absent today.
Dy. Commissioner is directed to file status report in
compliance of order dated 11.01.2019 under his own hand
and signature on 05.07.2019.
Interim stay, if any, is extended till next date.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 267/18 & 970/14 15.03.2019
Present : Sh. Vijay Kumar, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Adjournment sought to clarify the points raised on
previous date.
Put up this matter for that purpose and further
proceedings on 19.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 248/18 15.03.2019
Present : None for appellant.
Sh. Abdul Haq, Nodal Officer from North DMC.
Record not produced despite directions to the AE(B)
to appear in person.
Let Dy. Commissioner is directed to appear in person
alongwith record and status report on 09.07.2019.
Copy of order be given Dasti to Sh. Abdul Haq,
Nodal Officer from North DMC for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 366/15 15.03.2019
Present : None for appellant.
Sh. Raj Bhushan, Nodal Officer from EDMC.
None has appeared on behalf of the appellant.
Put up this matter for final arguments on 07.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 413/16 & 567/14 15.03.2019
Present : Counsel for appellant.
Ms. Nagina Jain / Sh. Shashikant Sharma,
counsel for MCD alongwith Mohd. Ahmad,
AE(B) and Sh. D. Choudhary, ALO.
Status report in compliance of order dated
30.01.2018 filed stating that regularization application was
rejected.
Status report not filed in compliance of order dated
30.01.2018 wherein respondent was directed to file status
report explaining which are the requirements mentioned in
the IN dated 16.10.2014 has not been complied by the
appellant.
Concerned Dy. Commissioner is directed to appear
in person and take action against the AE(B) who has not
complied the order dated 30.01.2018.
Put up this matter on 19.07.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 1050/16, 1065/16, 759/17, 273/17, 274/17 15.03.2019
Present : Sh. G.R. Verma, counsel for appellant.
Sh. Mohit Sharma / Sh. Ashutosh Gupta,
counsel for MCD.
Ld. counsel for respondent has sought adjournment
to file the status report in compliance of previous order.
At request, put up this matter for filing status report
by the respondent on 10.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 619/18 15.03.2019
Present : Sh. G.R. Verma, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD.
Put up this matter with connected appeal no. 1050/16
on 10.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 409/18, 81/15, 767/14, 1034/15 & 1035/15 15.03.2019
Present : Sh. Dalip Rastogi, counsel for appellant
alongwith appellant.
Sh. Dharamvir Gupta / Sh. Mohit Sharma / Ms.
Manjusha Jha, counsel for MCD alongwith
Ms. Bhanu Prabha, Dy. Commissioner, Sh.
P.R. Meena EE(B) and Sh. Kaptan Singh,
AE(B).
On 16.10.2018 respondent was directed to file
detailed reply of the appeal and detailed status report
incorporating the decision of the Standing Committee dated
18.01.2018. Since the said reply / report not filed, Dy.
Commissioner was directed to appear in person.
Dy. Commissioner seeks adjournment to file the
detailed reply in compliance of the order dated 01.02.2019.
Let the same be filed within four weeks.
Put up for fling the status report, reply as directed
and arguments on 25.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
M. in A.No. 437/17 15.03.2019
Present : Sh. Nepal Singh, husband of the appellant.
Sh. Dharamvir Gupta / Sh. Mohit Sharma / Ms.
Manjusha Jha, counsel for MCD alongwith
Ms. Bhanu Prabha, Dy. Commissioner, Sh.
P.R. Meena EE(B) and Sh. Kaptan Singh,
AE(B).
Adjournment sought to file the complete action taken
report on next date of hearing.
Dy. Commissioner is directed to take action against
the AE(B) and JE(B) concerned in whose tenure the
construction was raised and no work stop notice was ever
given.
Put up for filing action taken report on 09.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 993/17 15.03.2019
Present : Sh. B. Khan, counsel for appellant alongwith
Ms.Afshan Khan and Ms. Alia Kausar, owners
of the property with their tenant/appellant.
Sh. K.K. Arora, counsel for respondent.
Statement of Ms. Afshan Khan & Ms. Alia Kausar,
owners of the property stating that they are the owners of
the property in question bearing No.4769, Chowk Ahata
Kidara Bara Hindu Rao, Delhi by virtue of Gift Deed dated
31.12.2015 Exh. P-1/X and they have no objection if the
desealing order is passed in favour of the appellant, who is
their cousin brother and tenant in the said property. Their
statement has been recorded separately in this regard.
Put up for clarification, if any / order on 22.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 928/17 & 929/17 15.03.2019
Present : Sh. V.K. Arora, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD.
AE(B) in whose presence the property in question
was sealed is not present.
Put up for appearance of the said AE(B) and
arguments on 27.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 1070/15 15.03.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Clarification as directed vide order dated 11.09.2019
not done.
Put up for said clarification, further proceedings and
reply to the any earlier application filed by the appellant, on
24.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 113/19 15.03.2019
Present : Sh. S.D. Ansari, counsel for appellant.
Sh. Adil Hussain, counsel for respondent
alongwith Sh. Ankur Tyagi, AE(B).
Vakalatnama on behalf of respondent filed.
Reply to the application seeking condonation of delay
alongwith written submissions filed.
Status report already filed.
Put up for arguments on the pending application and
main appeal on 17.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 903/18 15.03.2019
Present : Sh. Fanish Jain, counsel for appellant.
Sh. Ashutosh Gupta, counsel for MCD
alongwith Sh. Vinod Bansal, AE(B).
Status report regarding verification of the structure
has been filed stating that there is as difference in
measurement mentioned in the affidavit in comparison to
the site. It is stated that at second floor there is a veranda
with space of 19.10 x 13.8 (ft.) and at rear side open space
measuring 21.11 x 21.5 ft. exists at site but the same have
not been mentioned in the affidavit. Copy supplied to the
appellant for filing clarificatory affidavit.
In case the affidavit filed by the appellant is found to
be incorrect which prima-facie established from the report
filed by the respondent, show cause notice will be issued to
the appellant to clarify the same.
Put up for that purpose and arguments on
15.07.2019. Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 830/18 15.03.2019
Present : Sh. S.K. Pandey, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Status report not filed.
Respondent is directed to Status report under the
hand and signature of Dy. Commissioner concerned.
Put up this matter for filing of status report, for
arguments on application seeking condonation of delay and
final arguments on 15.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 22/19 15.03.2019
Present : Ms. Meena proxy counsel for Sh. Sunny Jain,
counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Status report not filed.
Counsel for respondent stated that jurisdiction of this
Tribunal is not covered by the judgment of Hon’ble Supreme
Court in Writ Petition No.4677/1985.
Let the status report be filed under the hand and
signature of Dy. Commissioner concerned on 15.05.2019.
Copy of the order be given Dasti to both the parties, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 30/19 & 930/18 15.03.2019
Present : Sh. Rajesh Raina, counsel for appellant.
Sh. Amit Kumar, counsel for respondent.
Status report filed regarding verification of the extent
of construction vis-à-vis affidavit which is found correct.
Put up for arguments on 06.08.2019. Interim stay, if
any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 31/19 15.03.2019
Present : Sh. Vikrant Arora, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD
alongwith Sh. Ashish Sharma, AE(B).
Vakalatnama on behalf of respondent filed.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Status report not filed. Let the same be filed
positively by the next date of hearing.
Put up for consideration / arguments on 24.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 19/19 15.03.2019
Present : Sh. Amit proxy counsel for appellant.
Sh. Ankur Goel, counsel for respondent
alongwith Sh. Faizan Reja, JE(B).
Vakalatnama on behalf of respondent filed.
Status report not filed. Record not produced.
It is stated that record has already filed in appeal
No.650/18 which is listed on 16.04.2019.
Put up on 16.04.2019 alongwith connected appeal.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 91/19 15.03.2019
Present : Sh. Y.K. Sharma, counsel for appellant.
Service upon the respondent not affected.
Let service be effected as per previous order for
25.03.2019. Process be given Dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 58/18 and 66/18. 15.03.2019
Present : Sh.B.K. Pandey counsel for appellant .
Shri V.K. Aggarwal counsel for respondent .
None for appellant.
The status report has been filed in compliance
of order dated 02.02.2018 and 08.01.2019 stating
that plastering work was noticed from the outside of
the building. Accordingly, work stop notice dated
02.02.2018 was sent to SHO Vivek Vihar, Delhi, with
the request to get the work stopped with a copy to
the appellant with the direction not to carry out any
construction activity. The status report filed is totally
ambiguous. The status report be filed under the hand
and signature of Deputy Commissioner concerned.
The Executive Engineer/Bldg. is directed to appear
in person.
Put up for filing the status report and final
arguments on 05.08.2019.
Copy of the order be given Dasti to both the
parties, as prayed. .
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 27/16. 15.03.2019
Present : Ms. Shabiya Khatun proxy counsel
for appellant. .
Shri K.K. Arora counsel for respondent .
Sh. Shashi Kant counsel for respondent .
Prof. Kamal Jit Chhiber for DDA .
The status report has been filed of the
Building/HQ. The Executive Engineer/Building/HQ
was directed to submit the status report with regard
to the query made in the order dated 19.09.2018 with
the approval of the Commissioner concerned. It is
reported that the matter pertaining to the query has
been referred to the Legal Department. The status
report filed on behalf of the HQ is ambiguous and not
clear. The Executive Engineer/B/HQ was directed to
appear in person for explanation for filing the status
report on behalf of the respondent. It is stated that
the remarks of the Building/HQ has been referred to
the Law Department of SDMC for their expert opinion
regarding whether the fourth floor of the property in
question is having the protection under National
Capital Territory of Delhi Laws (special provision)
Second (Amendment) Act 2017 or not. In view of the
status report filed by the respondent, the query raised
by this Tribunal is not being replied on one pretext or
the other. The Engineer in Chief/SDMC and the Chief
Law Officer concerned are, therefore, directed to
appear in person and assist the Tribunal in this
regard.
Copy of the order be given Dasti to both the
parties, as prayed.
Put up the matter on 09.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 577/16 15.03.2019
Present : None for the appellant.
Ms. Manjusha Jha, counsel for MCD.
Ms.Akansha, counsel for owner of the
property.
No one is appearing on behalf of the appellant.
Put up for further proceeding / order on 12.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 570/17 & 731/17 15.03.2019
Present : Sh. Dinesh Pratap Singh, proxy counsel for
Sh. O.P. Verma, counsel for appellant.
Sh. Nitin Som, counsel for respondent.
Further status report filed sent by Asstt. Director
(Vigilance) stating that investigation has been concluded
and forwarded to the Commissioner, EDMC for approval
with recommendation of CVO.
Commissioner is directed to file the approved status
report within two weeks.
Put up for further proceedings on 10.05.2019.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 116/18 15.03.2019
Present : Counsel for parties.
Both the parties are directed to file the written
submission/statement/arguments on 17.09.2019.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
.No. 221/18 15.03.2019
Present : Sh. Rohit Oberoi, counsel for appellant.
Sh. Sushil Kumar, proxy counsel for Sh. Amit
Kumar, counsel for respondent.
Put up alongwith connected appeal No.116/18
for arguments 17.09.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
Misc in A.No. 652/17. 15.03.2019
Present : appellant in person.
Sh. Sh. Dharamvir Gupta, counsel for MCD .
Shri J.K. Khullar, AE(B).
Status report has been filed.
Put up for perusal of status report/arguments on
20.08.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 699/18 15.03.2019
Present : Ms. Shabiya Khatun proxy counsel
for appellant. .
Shri K.K. Arora counsel for respondent .
Sh. Shashi Kant counsel for respondent .
Prof. Kamal Jit Chhiber for DDA .
The demolition order challenged in appeal
No.135/14 (file attached).The appellant second
appeal is not maintainable against the same
demolition order. In case the appellant does not
takes steps to withdraw the said appeal heavy cost
will be imposed on the appellant.
Put up for further proceedings on 09.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 997/17 & 998/17 15.03.2019
Present : Sh. Yogesh Kumar son of the appellant.
File taken today as an application for early hearing is
moved.
Heard.
Due to heavy pendency of cases about 3000 cases,
there is no possibility of early hearing.
Application is accordingly dismissed.
Put up on date already fixed i.e. 01.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 195/19 15.03.2019
Present : Sh. Yash Pal Singh, counsel for appellant.
Fresh appeal filed against sealing proceeding without
filing sealing order stating that premises was sealed on
10.08.2018.
Application seeking condonation of delay not filed.
Subject to filing of the application seeking
condonation of delay, let notice of the appeal and
application be issued to the respondent through concerned
Chief Law Officer. AE(B) is directed to appear in person
alongwith entire record of the proceedings, status report and
reply of the appeal on date fixed. Record be deposited
immediately in the Tribunal.
Put up this matter on 17.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 191/19 15.03.2019
Present : Sh. Ramesh Chander, counsel for appellant
alongwith appellant.
Fresh appeal filed against sealing order dated
24.11.2017 alongwith application seeking condonation of
delay.
Let notice of the appeal and application be issued to
the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person alongwith entire
record of the proceedings, status report and reply of the
appeal on date fixed. Record be deposited immediately in
the Tribunal.
Put up this matter on 22.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 669/13 15.03.2019
Present : Sh. Prabhat Kiran, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Written submissions already on record.
No time left due to heavy cause list and dictation in
time bound cases.
Put up for perusal of the written submissions and oral
arguments, if any, on 23.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 899/18 15.03.2019
Present : Sh. Kamaldeep Singh, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD
alongwith Sh. Suresh Dua, AE(B).
Status report not filed.
Adjournment sought to file the same.
Appellant has moved an application for taking on
record certain documents annexed with the application.
Copy of the application and documents supplied to
the respondent.
Let the status report be filed as per the previous
order.
Put up this matter for filing of status report by the
respondent and arguments on 18.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 433/18, 435/18 & 436/18 15.03.2019
Present : Sh. K.B. Gupta and Sh. Karan Jain counsel for
appellant.
Sh. Dharamvir Gupta, counsel for MCD in
appeal No.433/18.
Sh. Ashutosh Gupta, counsel for MCD in
remaining two appeals.
Part arguments heard.
Put up for further arguments on 28.03.2019 &
29.03.2019 at 2.00 p.m.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 900/18 & 901/18 15.03.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Ashutosh Gupta, counsel for MCD
alongwith Sh. G.S. Brijwasi, AE(B).
AE(B) submits that the service of the show cause
notice has not been done properly, therefore, on instruction
from EE(B), the respondent will provide fresh opportunity of
hearing to the appellant. The appellant may be directed to
appear before Quasi Judicial Authority. His statement in
this regard recorded separately in this regard.
In view of the statement made by the AE(B), the
matter is remanded back to the Quasi Judicial Authority for
deciding the same afresh. The impugned order of
demolition dated 12.02.2018 bearing no. 36/82-
N/UC/CSPZ/18 and consequent sealing order dated
19.06.2018 bearing No.47/SO/B/EE(B)-I/CSPZ/18 are
hereby quashed and set aside. The impugned orders are
treated to be show cause notice served upon the appellant.
The respondent Quasi Judicial Authority shall provide
the opportunity of submitting reply of the show cause notice
as well as personal hearing to the appellant who is directed
to appear in the office of Quasi Judicial Authority on
04.04.2019 at 3:00 p.m. on which date the appellant is
permitted to file reply, document and written submissions, if
any. Appellant, however shall not seek any adjournment on
any ground for personal hearing or for filing any document
or written submission or for submitting reply of the show
cause notice. Respondent is directed to deseal the property
of the appellant bearing No.A-2, Gali No.4, Industrial Area
Anand Parbat, Delhi within a period of seven days.
The Quasi Judicial Authority thereafter shall pass the
speaking order and deal with all the submissions, pleas and
the defences raised by the appellant and shall complete the
proceedings maximum preferably within two months
thereafter.
A.No. 900/18 & 901/18 -2-
With these observations both the appeals are
remanded back. The appellant shall not raise any further
construction in the said property nor shall sell it or create
any third party interest in the same till the matter is decided
afresh by the AE(B). Appellant shall also not carry out any
repair (except whitewash) in this property without written
permission of AE(B) concerned.
The appeal is, thus, disposed off. The file of the
department be returned to the respondent alongwith copy of
this order. Appeal file be consigned to record room.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 900/18 & 901/18 Statement of Sh. G.S. Brijwasi, AE(B), City SP Zone, NDMC. ON SA
On instructions from EE(B) Sh. S.C. Meena, since the show cause
notice dated 02.02.2018 has not been properly served upon the
appellant, as such we are ready to provide fresh hearing to the appellant.
The appellant be directed to appear in the office of Quasi Judicial
Authority.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 993/17 Statement of Ms. Alia Kausar D/o Mohd. Idrees R/o 16/17, ground floor,
Gali No.3, Joshi Road, Karol Bagh New Delhi
ON SA
I alongwith Ms.Afshan Khan D/o Mohd. Idrees and W/o of Sh.
Saulat Khan R/o of flat No.70-C, Pocket-A-11, Kalkaji Extn. New Delhi is
the owner of the property by virtue of gift dated 31.12.2015, Exh. P-1/x.
and I have no objection if this Hon’ble Court may be pleased to pass the
desealing order in favour of the appellant who is my cousin brother and
tenant in respect of property bearing No.4769, Chowk Ahata Kidara, Bara
Hindu Rao, Delhi, the subject matter of the present appeal.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019
A.No. 993/17 Statement of Ms.Afshan Khan D/o Mohd. Idrees and W/o of Sh. Saulat
Khan R/o of flat No.70-C, Pocket-A-11, Kalkaji Extn. New Delhi.
ON SA
I alongwith Ms. Alia Kausar D/o Mohd. Idrees R/o 16/17, ground
floor, Gali No.3, Joshi Road, Karol Bagh New Delhi is the owner of the
property by virtue of gift dated 31.12.2015, Exh. P-1/x and I have no
objection if this Hon’ble Court may be pleased to pass the desealing order
in favour of the appellant, who is my cousin brother and tenant in respect
of property bearing No.4769, Chowk Ahata Kidara, Bara Hindu Rao,
Delhi, the subject matter of the present appeal.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 15.03.2019