a.no. 726/16 present : sh. mayank yadav ld. counsel for...

A.No. 726/16 24.05.2019

Present : Sh. Mayank Yadav Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Notification conferring powers has not been

received..

Counsel for respondent seeks more time to

submit written submission.

Be listed for final arguments on 05.11.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 24.05.2019

A.No. 714/18 24.05.2019 Present : Sh. Shalender Negi proxy Ld. counsel for appellant.

Ms. Vasundhara Nayyar counsel for respondent,SDMC .

Notification conferring powers has not been received..

Status report not filed. EE(B) to be present on the next date

of hearing . If status report not filed, the Dy. Commissioner

concerned will appear alongwith the status report.




A.No. 700/18 24.05.2019 Present : Sh. S.H.Nizami Ld. counsel for appellant.

None for respondent.

Notification conferring powers has not been received.

AE(B) is absent. Show cause notice be issued to the

concerned AE(B) to appear with the status report on next

date of hearing

Be listed for arguments on the application for condonation of

delay and stay on 27.09.2019.



A.No. 1091/15 24.05.2019 Present : Sh. Anand Singh Ld. counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

None for Monitoring Committee.

Notification conferring powers has not been received..

Notice be issued to counsel for Monitoring Committee.




A.No. 933/18 24.05.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for SDMC with Ms. Renu

Soni, Nodal Officer, SDMC.


Status report filed.

It is stated that application for regularization is pending

consideration.

Status report of the same be filed.




A.No. 862/16 24.05.2019 Present : Sh. Abhijeet Paliwal, Ld. Proxy counsel for appellant.

Sh. Dharamvir Gupta, counsel for North DMC.


Ld. counsel for respondent states that appellant has not

complied with the directions given in the order dated

04.09.2018 as such the interim stay would be deemed to be

vacated in terms of said order.

Interim order accordingly stands vacated in terms of said

order.




A.No. 792/17 24.05.2019 Present : Appellant in person.

Ms. Renu Soni, Nodal Officer for SDMC.


More time is sought to file status report regarding the

application for regularization moved by the appellant.

Be listed for filing of status report on 06.08.2019.



A.No. 1070/16 24.05.2019 Present : Appellant with Ld. Proxy counsel Sh. Daman Popli.

Sh. R.K. Bhola, Ld. counsel for applicant.







A.No. 807/18 24.05.2019 Present : Sh. Sharvan Singh, Husband of appellant.

Sh. Dharamvir Gupta, counsel for EDMC.


Status report filed. Copy supplied.

As per the status report, demolition / sealing action was

fixed for 12.02.2019 with the help of police but as the

property in question was residentially occupied, action could

not be executed.

It is further stated that a vacation notice has been issued to

the owner and copy of same has been sent to SHO-P.S.

Usmanpur to get the premises vacated. Further action will

be taken in due course of time.

Be listed for filing of action taken report by the respondent

and arguments on the application for condonation of delay

and application for stay on 27.08.2019.



A.No. 808/18 24.05.2019 Present : Sh. Sushil, son of appellant.

Sh. Neeraj Kumar, Ld. counsel for EDMC.


Status report filed. Copy supplied.

As per the status report, demolition / sealing action was

fixed for 12.02.2019 with the help of police but as the

property in question was residentially occupied, action could

not be executed.

It is further stated that a vacation notice has been issued to

the owner and copy of same has been sent to SHO-P.S.

Usmanpur to get the premises vacated. Further action will

be taken in due course of time.

Be listed for filing of action taken report by the respondent

and arguments on the application for condonation of delay

and application for stay on 27.08.2019.





Applicant with Ld. counsel Sh. H.R. Verma.


Be listed for arguments on the application under Order 1

Rule 10 CPC on 16.09.2019.




A.No. 683/16 24.05.2019 Present : None for appellant.

Sh. A.L. Agnihotri, Ld. counsel for North DMC with Sh. A.K.

Jain, AE(B).


Be listed for further proceedings on 19.09.2019.



A.No. 835/16 & 930/16 24.05.2019 Present : Sh. Deepanshu Choithani, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Sh. Pankan Kumar, Proxy counsel for DDA.







Sh. Mohit Sharma, Ld. counsel for EDMC.






Sh. Shashikant Sharma, Ld. counsel for EDMC.





A.No. 196/15 24.05.2019 Present : Sh. Kuldeep Singh, son of appellant.



Be listed for arguments on the application under order 22

Rule 3 CPC on 21.08.2019.



A.No. 109/19 24.05.2019 Present : Sh. Mohit Verma, Ld. Proxy counsel for appellant.


Respondent is unserved. Steps be taken for service of

respondent for 04.07.2019 to file the status report and

record.



A.No. 269/18 24.05.2019 Present : Sh. Mohit Verma, Ld. Proxy counsel for appellant.



Status report filed stating that complete rectification has not

been carried out by the appellant.

Copy of status report has been supplied.





A.No. 720/15 24.05.2019 Present : Sh. Rajesh Verma, son of appellant.

Sh. Santosh Prasad Chaurasia, Ld. counsel for EDMC with

Ms. Aymn Naaz, proxy counsel for EDMC.


Status report filed stating that demolition action was taken

on 20.11.2018 whereby RCC slab of one store room at

fourth floor has been demolished. Thereafter, demolition

action was taken on 08.03.2019 whereby brick walls and

doors at fourth floor were demolished, one room set at stilt

parking has also been demolished completely.

It is also stated that small deviations still remain from the

sanction plan in the shaft of the property. A copy of status

report has been supplied.





A.No. 519/12 24.05.2019 Present : Sh. K.N. Singh, counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.






A.No. 491/12 24.05.2019 Present : Sh. K.N. Singh, counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.






A.No. 639/16 24.05.2019 Present : Sh. Daman Popli, Ld. proxy counsel for appellant.

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






A.No. 31/19 24.05.2019 Present : Appellant No. 1 in person with Ld. counsel Sh. Vikrant

Arora.



Status report sill not filed.

Concerned EE(B) is directed to appear on next date with

status report.

In case, status report not filed, concerned Dy.

Commissioner will appear on next date.

Be listed for filing of status report and arguments on the

application for stay on 09.08.2019.




Sh. Amit Kumar, Ld. proxy counsel for SDMC.






Sh. Adil Hussain, Proxy counsel for SDMC.


Be listed for further proceedings / final arguments on

11.11.2019.




A.No. 790/18 24.05.2019 Present : Sh. Rakesh Kumar, Ld. counsel for appellant.



Be listed with connected appeal bearing no. 165/19 for

arguments on 12.09.2019.



A.No. 165/19 24.05.2019 Present : Sh. Rakesh Kumar, Ld. counsel for appellant.



Status report filed stating that appellant has applied for

regularization of the property bearing no. 2301, Third floor,

Chhatta Punjabian, Bahadur Garh Road, Teliwara, Delhi-

110006 which was rejected on 05.06.2018 as there is no

policy for floor-wise regularization.

It is stated that the application for reopening of

regularization has also been rejected on 23.04.2019. Copy

of status report supplied to Ld. counsel for appellant.

Ld. counsel for appellant states that appellant has now

moved an application for regularization of entire property

bearing no. 2300 & 2301, Chhatta Punjabian, Bahadur Garh

Road, Teliwara, Delhi-110006.

Status report regarding the said application will be filed on

next date.

Be listed for arguments on 12.09.2019.



A.No. 608/12 24.05.2019 Present : Sh. D.S. Sodhi, Ld. counsel for appellant.

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


More time is sought to file status report by the respondent

SDMC.

As per the status report filed earlier the present case is

regarding incorporation of a plot on facility site, the said

matter is to be decided by the govt. The site / property in

question falls in the site earmarked for community facilities.

Concerned EE(B) to be present with status report in terms

of orders dated 02.11.2017 and 10.01.2018.




A.No. 331/19 24.05.2019 Present : Sh. R.K. Bhardwaj, Ld. counsel for appellant.

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

of demolition dated 18.02.2019 alongwith application for

stay. Be checked and registered.


Notice of the appeal and application be issued to the

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

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed.

Be listed for arguments on the application for stay on

31.05.2019.






stay and condonation of delay. Be checked and registered.






fixed.

Be listed for arguments on the application for condonation of

delay and stay on 30.05.2019.



A.No. 324/19 24.05.2019 Present : Ms. Bandana Grover, Ld. counsel for appellant.

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

of sealing dated 15.05.2019 alongwith application for stay.

Be checked and registered.

Ld. counsel for appellant states that Writ Petition (C) No.

5464/2019 titled Onkar Singh Vs. SDMC has been filed

challenging the order of demolition and sealing wherein

interim protection has been granted as this Tribunal has not

been conferred powers, the relevant extract of order is as

under :

“Till that date of hearing, the respondent shall not take any coercive action against the petitioner’s property. The ATMCD shall consider the appeal and the stay application on their own merit without being influenced by the protection granted by this Court today.”





fixed.

Be listed with connected appeal on 06.06.2019.

The interim protection granted by Hon’ble High Court is

extended till next date.

A copy of this order be given Dasti to Ld. counsel for

appellant, as prayed for.



A.No. 325/19 24.05.2019 Present : Sh. R.S. Nirwal, Ld. counsel for appellant.



stay. Be checked and registered.






fixed.

Be listed for consideration / arguments on the application for

stay on 30.05.2019.



A.No. 816/15 24.05.2019 Present : Sh. Ashish Deep Verma, Ld. counsel for appellant.

File taken up today on an application moved for withdrawal

of the appeal.


Be listed on 05.07.2019 at 2.00 pm.









fixed.


31.05.2019.






stay and condonation of delay. Be checked and registered.











consideration.





A.No. 939/18 24.05.2019 Present : Sh. Dalip Rustogi Ld. counsel for appellant .

Sh. Ranjit Pandey counsel for respondent.

Ms. Renu Soni, Nodal Officer, SDMC.

Notification conferring powers has not been received. .











consideration.





M. in A.No. 397/18 24.05.2019 Present : None for the appellant.

Sh. Sushil Kumar Jain, proxy counsel for SDMC.



Be listed for consideration on 30.09.2019.




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


Status report has been filed by the EDMC and Vigilance,

EDMC.

Be listed for consideration on 30.09.2019.




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


Status report filed. Copy be kept on record to be supplied to

the opposite party.

Be listed for further proceedings and consideration on

09.10.2019.



A.No. 133/19 24.05.2019 Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. H.R. Aggarwal, counsel for North DMC with Sh. Rajesh

Kumar, Licensing Inspector.


Interim status report filed stating that more time is required

to trace out the relevant record of the case and file report.

It is also stated that Additional Dy. Commissioner, Rohini

Zone has also been directed to produce the complete

record of the sealing of the property in question.

Be listed for filing the status report and arguments on the

application for interim desealing and condonation of delay

on 14.08.2019.

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

respondent, as prayed for.



A.No. 233/19 24.05.2019 Present : Ms. Sayle Petiwale, proxy counsel for appellant.



Time is sought to file status report and record of the

proceedings.

Interim protection had been granted to the appellant by the

Hon’ble High Court in Writ Petition (C) No.4927/2017 titled

Abhishek Dutta vs SDMC vide order dated 20.03.2019 till

the consideration of the appeal and application for stay by

this Tribunal. The interim protection granted by Hon’ble High

Court is extended till next date.

Be listed for filing status report, record of the proceedings

and arguments on the application for stay on 13.08.2019.



A.No. 697/18 24.05.2019 Present : Sh. Rohit Goel, counsel for appellant.



Show cause notice be issued to the concerned EE(B) for his

non appearance today.

Concerned EE(B) to appear alongwith status report on next

date. In case the status report not filed, Dy. Commissioner

concerned will appear.

Be listed on 16.08.2019 for arguments.






Ld. counsel for appellant states that property is lying sealed.

It is further stated that the non compoundable deviations

have been demolished by the respondent. Thereafter

appellant applied for regularization and the site plan of the

existing construction has been given to the respondent.

Ld. counsel for respondent seeks time to file status report

regarding regularization application of the appellant.

EE(B) concerned to appear in person with the status report.

Be listed on 16.08.2019 for filing status report.

Copy of the order be given Dasti to the counsel for

respondent, as prayed for.






More time is sought to file status report.

Concerned EE(B) to be present alongwith status report on

next date.

Be listed on 16.08.2019 for further proceedings / arguments.



A.No. 284/19 24.05.2019 Present : Ms. Gulshan Jahan, counsel for appellant.

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


stay.




directed to appear and file entire record of the proceedings,

reply and status report of the appeal on the date fixed.

Be listed for consideration / arguments on the application for

stay on 03.06.2019.



A.No. 287/19 24.05.2019 Present : Sh. Rohit Mehra, proxy counsel for appellant.

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


stay.






Ld. counsel for appellant has placed on record a copy of the

order passed in Writ Petition (C) No. 5449/2019 titled Harish

Kumar & Anr. vs SDMC wherein interim protection has

been granted to appellant directing respondent not to take

coercive action qua the shop in question No.8 (Mini Shop),

N-Block Market, Greater Kailash Part-I, New Delhi as this

Tribunal could not hear the application for stay for want of

powers. The matter is listed before Hon’ble High Court on

29.05.2019.


06.06.2019.

A copy of the order be given dasti, as prayed for.



A.No. 295/19 24.05.2019 Present : Sh. Alok Singh, counsel for appellant.

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

of demolition alongwith application for stay.






Be listed for arguments / consideration on 29.05.2019.



A.No. 189/18 24.05.2019 Present : Ms. Jyoti, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.


Fresh vakalatnama on behalf of respondent filed.

Status report filed stating that the industrial activities were

found running in the premises in question i.e. property

No.10324, ground floor, Motia Khan, Pahar Ganj, New Delhi

in violation of the existing policy of the MCD and against the

provisions of MPD-2021. Pursuant there to a notice u/s

345A of the DMC Act was issued to the owner of the

premises directing him to stop the misuse but he did not do

so, as such sealing order dated 18.06.2018 was passed and

the property in question was sealed on 18.06.2018 at one

point on the ground floor.

It is also stated that on the request of the appellant, the

premises in question was temporarily desealed to enable

him to remove his machinery and goods.

It is further stated that the appeal is time bared.

It is further stated that Hon’ble Supreme Court in Writ

Petition (C) No. 4677/1985 title M.C. Mehta vs UOI & Ors.

had directed to take sealing action against the misuse in

non-conforming / residential area.

Copy of the status report has been supplied.

Record be deposited with the Registrar.

Be listed for reply and arguments on the application for

condonation of delay on 19.08.2019.



A.No. 215/19 24.05.2019 Present : Ms. Amrita Grover, proxy counsel for appellant.

Sh. Pawan Kumar, proxy counsel for EDMC with Sh.

D.P.Sharma, AE(B).


Fresh vakalatnama on behalf of respondent filed.

Time is sought to file status report.

Advance copy of the status report be supplied to the ld.

counsel for appellant.

Record of the proceedings be deposited with the Registrar.

Be listed on 30.05.2019 for filing of the status report and

arguments on the application for stay.



A.No. 661/18. 24.05.2019 Present : Ms. Bandana, Ld. counsel for appellant.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.


The record of appeals no. 437/14 and 438/14 have been

attached with this appeal.

At joint request, be listed for final arguments on 11.09.2019.






Be listed for final arguments with the connected appeal on

11.09.2019.







11.09.2019.




Sh. Abdul Haq, Nodal Officer from North DMC.


Be listed for arguments on 05.08.2019.




At this stage, Sh. K.K. Arora, Ld. counsel has appeared on

behalf of the respondent North DMC and has filed reply.

The same is taken on record.



A.No. 1011/15. 24.05.2019 Present : Sh. Daman Popli, Ld. proxy counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for respondent.






A.No. 1005/17. 24.05.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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


An application has been filed for substitution of LRs of the

appellant, copy has been supplied.

Be listed for arguments on the application on 16.08.2019.





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

AE(B) Sh. A.K. Jain.


Respondent is directed to file status report as to whether

non-compoundable deviations in the property in question

have been removed by the appellant.

Be listed for filing of status report in this regard and

arguments on 03.09.2019.





Sh. V.K. Aggarwal, Ld. counsel for North DMC with AE(B)

Sh. A.K. Jain.


Be listed for arguments with the connected appeal on

03.09.2019.



A.No. 893/17. 24.05.2019 Present : Appellant in person.

Sh. Shashikant Sharma, Ld. counsel for SDMC.


Ld. counsel for respondent seeks more time to file written

synopsis.





A.No. 289/19 24.05.2019 Present : Sh. L.S. Saini, Ld. counsel for appellant.






Be listed for arguments on the application of stay on

04.06.2019.



a.no. 726/16 present : sh. mayank yadav ld. counsel for...

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