M.No.13/19. 26.08.2019 Present : Sh. Brijesh Gupta, Ld. Counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for EDMC.
Ld. Counsel for respondent seeks time to file reply.
To come up for arguments on the application for restoration
of appeal on 08.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 248/19. 26.08.2019 Present : Ms. Neha Sharma, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for North-DMC.
An application moved under Order 6 Rule 17 read with
section 151 CPC on behalf of appellant, copy supplied.
To come up for reply and arguments on the application on
26.11.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 364/19. 26.08.2019 Present : Sh. Sanjay Kumar, Ld. Counsel for appellant.
Sh. Mohit Sharma, Ld. Counsel for SDMC.
Ld. Counsel for respondent seeks more time to file status
report in terms of previous order.
AE(B) to be present on the next date with status report.
To come up for arguments on application for condonation of
delay on 23.09.2019.
Appellant is directed to file the entire chain of documents.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 449/19. 26.08.2019 Present : Appellant in person.
Sh. Mohit Sharma, Ld. Proxy counsel for respondent.
More time is sought to file status report and record.
AE(B) to be present on the next date with the status report.
At request of appellant, adjourned for arguments on the
application for stay on 25.09.2019 as his counsel is not
available today.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 512/15. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Counsel for appellant.
Sh. H.R. Aggarwal, Ld. Counsel for North-DMC.
Time is sought to file status report.
AE(B) to be present on the next date with status report.
Be listed for further proceedings on 05.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 262/14. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
An application on behalf of appellant moved u/s. 14 of
Insolvency and Bankruptcy Code, copy supplied.
It is stated that National Company Law Tribunal, Mumbai
has appointed Mr. Manish D.Kaneria as Interim Resolution
Professional (IRP).
Notice be issued to the IRP for the next date.
Be listed for further proceedings on 13.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 1211/15. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
More time is sought to file status report qua regularization
application.
AE(B) to be present on the next date with status report.
Be listed for further proceedings on 13.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 377/12. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for SDMC with Sh. S.P.
Garg, AE.
Status report filed, copy supplied.
An application on behalf of appellant moved u/s. 14 of
Insolvency and Bankruptcy Code, copy supplied.
It is stated that National Company Law Tribunal, Mumbai
has appointed Mr. Manish D.Kaneria as Interim Resolution
Professional (IRP).
Notice be issued to the IRP for the next date.
Be listed for further proceedings on 13.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 933/15. 26.08.2019 Present : Sh. S.C. Joshi, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Proxy counsel for EDMC with Sh.
Sandeep Kumar Jain, AE(B) and Sh. Raj Bhushan, JLO.
Ld. Counsel for appellant states that he has not received the
status report filed on the previous date, the same has been
supplied today.
To come up now for final arguments at request of Ld.
Counsel for appellant on 17.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 140/18. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Proxy counsel for respondent
More time is sought to file status report.
AE(B) to be present on the next date with the status report.
Be listed for further proceedings on 17.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 291/16. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Ms. Akanska Dhami, Ld. Counsel for SDMC.
An application on behalf of appellant moved u/s. 14 of
Insolvency and Bankruptcy Code, copy supplied.
It is stated that National Company Law Tribunal, Mumbai
has appointed Mr. Manish D.Kaneria as Interim Resolution
Professional (IRP).
Notice be issued to the IRP for the next date.
Be listed for further proceedings on 17.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 318/12 and 186/10. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Ms. Akansha Dhami, Ld. Counsel for SDMC.
At request of Ld. Counsel for appellant, adjourned for final
arguments to 20.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 221/14. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
More time is sought to file status report regarding
regularization application.
Be listed for further proceedings on 20.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 1081/16. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Counsel for appellant.
Sh. Ashutosh Gupta, Ld. Counsel for North-DMC.
Status report filed stating that the application for
regularization filed by the appellant is under process.
To come up for filing of status report qua regularization
application on 20.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
No. 29 /SCM/ 13. 26.08.2019 Present : Sh. Raj Mangal Kumar, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
Sh. Amit Kumar, Ld. Proxy counsel for DDA.
None for Monitoring Committee.
Status report filed by DDA stating that SDMC has not
forwarded the agenda to the planning department (Zone-F)
of DDA and the agenda will be placed before the Technical
Committee as soon as it is received.
Status report has also been filed by SDMC stating that due
to technical reasons the case was referred back to zonal
building department by the Town Planning Department and
after necessary amendments the draft has been again
forwarded to the Commissioner Planning DDA on
23.08.2019.
To come up now for filing of status report by DDA on
25.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 488/18. 26.08.2019 Present : None for appellant.
Sh. Sanjay Sharma, Ld. Counsel for New Delhi Municipal
Council.
Notification conferring powers has not been received.
Be listed for further proceedings on 11.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 361/18. 26.08.2019 Present : None for appellant.
Sh. Sanjay Sharma, Ld. Counsel for New Delhi Municipal
Council.
Notification conferring powers has not been received.
Be listed for further proceedings on 11.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 870/17. 26.08.2019 Present : Sh. Mahender Sharma, Ld. Counsel for appellant.
Sh. Ashutosh Gupta, Ld. Counsel for North-DMC.
Status report filed stating that property in question is one of
the 21960 industrial units regarding which affidavit has been
filed by the Ld. Commissioner before Hon’ble Supreme
Court in Writ Petition (C) no. 4677/1985 titled M.C. Mehta
Vs. Union of India & Ors. wherein it has been directed that
none of the said units should be re-opened without the
permission of the Hon’ble Supreme Court. The status report
is accompanied with the list of property in question.
At request of Ld. Counsel for appellant, adjourned for
arguments on maintainability of the appeal to 26.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 859/18. 26.08.2019 Present : Sh. Vikas Chhabra, Ld. Counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for North-DMC.
Notice be issued to Joginder Singh Ruhella, Raj Singh
Ruhella and Rajat Ruhella.
Process be given dasti to Ld. Counsel for appellant, as
prayed for to implead them as parties in view of the
submissions made by Ld. Counsel for appellants before
Hon’ble High Court in Writ Petition (C) No.1102/2017 titled
Joginder Singh Ruhella Vs North DMC & others.
Ld. Counsel for appellant states that an application has
been moved for regularization on 27.06.2019. Status report
regarding the same be filed on the next date.
To come up for arguments on the application under Order 1
Rule 10 CPC and the application for stay on 14.10.2019.
Interim protection granted to appellants by Hon’ble High
Court to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 387/13. 26.08.2019 Present : Sh. Milan Verma, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for North-DMC.
Status report filed stating that appellants have applied for
regularization and to process the same, measurement of
property is required as such matter has been forwarded to
competent authority for temporary desealing the property in
question.
To come up now for filing of status report of the
regularization application on 11.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 388/13. 26.08.2019 Present : Sh. Milan Verma, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for North-DMC.
Be listed with the connected appeal on 11.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 635/13. 26.08.2019 Present : Ms. Uma Aggarwal, Ld. Counsel for appellant.
File taken up on application moved on behalf of appellant
for early hearing.
Notice of the application be issued to respondent / SDMC
for 18.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 232/19. 26.08.2019 Present : Sh. D. D. Joshi, Ld. Counsel for appellant.
File taken up on application moved on behalf of appellant
for grant of status quo in respect of construction.
It is stated that the officials of SDMC visited the premises in
question on 09.08.2019 and threatened the appellant to
vacate the same. It is further stated thereafter the officials of
MCD without any prior notice demolished the fourth floor of
the property in question. It is also stated that the action of
SDMC is illegal and arbitrary as the matter is listed for final
arguments on 09.10.2019.
Ld. Counsel for appellant submits that a copy of
assessment order of Deputy Assessor and Collector dated
27.02.1998 which has been filed shows that the property
was assessed to tax upto third floor.
Heard.
In view of the submissions made, parties are directed to
maintain status quo regarding the construction in the
property in question till the next date. However, this order is
subject to any other order passed by the Hon’ble Supreme
Court/Hon’ble High Court in respect of the property in
question.
Appellant is directed to file affidavit giving details of
construction with measurement 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.
Notice be issued to respondent / SDMC for next date.
Be listed for final arguments on 09.10.2019.
A copy of order be given dasti to Ld. Counsel for appellant,
as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 433/19. 26.08.2019 Present : Sh. D.K. Sharma, Ld. Counsel for appellant.
Ms. Satakshi Verma, Ld. Counsel for EDMC.
Time is sought to file status report and record.
To come up for arguments on the interim application on
27.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 480/19. 26.08.2019 Present : Sh. Gagan Sahni, Ld. Counsel for appellant.
Sh. Sushil Kumar Jain, Ld. Proxy counsel for SDMC.
Time is sought to file status report and record.
Ld. Counsel for appellant also seeks time to file documents.
To come up for arguments on the application for stay and
condonation of delay on 17.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 476/19 and 477/19. 26.08.2019 Present : Sh. Chandan Gupta, Ld. Counsel for appellant.
Sh. Sanjeet, Ld. Proxy counsel for SDMC.
Time is sought to file reply, status report and record.
To come up for arguments on the application for stay and
condonation of delay on 09.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 780/14 and 110/13. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
These two appeals pertains to same tower, appeal
No.780/14 pertains to rejection order 03.09.2014 and
appeal No.110/13 pertains to demolition order dated
25.09.2013.
Ld. Counsel for appellant has filed true copy of the
permission letter dated 24.04.2019 vide which regularization
has been granted in respect of the tower in question
installed at the property bearing No.G-18, Abul Fazal
Enclave, New Delhi by the Department vide letter No.
D/09/TOWER/AE/Plan/cnz/2019 dated 24.04.2019.
The appellant will follow and abide by all the terms and
conditions of the permission letter dated 24.04.2019 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
above said appeals are disposed off and the impugned
order of rejection and demolition order are set aside in view
of the permission letter dated 24.04.2019.
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 for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 36/18 and 94/18. 26.08.2019 Present : Sh. Amol Kokne, Ld. Counsel for appellant.
Sh. Abdul Haq, Nodal Officer, North DMC.
At request of respondent, be awaited for counsel.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
At 12.30 pm.
Present : Sh. Amol Kokne, Ld. Counsel for appellant.
Sh. Ashutosh Gupta, Ld. Counsel for North-DMC.
Ld. Counsel for respondent has placed on record the order
of Hon’ble High Court passed in Writ Petition (C) 11382/17
and CM Apps. 4873/18 and 23585/19 titled Foundation for
Social Empowerment Vs. Union of India & Ors. whereby
directions have been given for trial of the appeals no.
36/2018, 69/2018 and 94/2018 expeditiously, copy supplied.
Reply filed on behalf of appellant to the application moved
on behalf of MCD, copy supplied.
An application moved on behalf of appellant for leave to file
additional documents u/s. 151 CPC, copy be supplied.
Ld. Counsels for the parties seek time to file brief synopsis.
Be listed for reply and arguments on the application and
final arguments on 06.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 373/18 and 150/18. 26.08.2019 Present : Sh. Amol Kokne, Ld. Counsel for appellant.
Sh. Ashutosh Gupta, Ld. Counsel for North-DMC.
Reply filed on behalf of appellant to the application moved
on behalf of MCD, copy supplied.
An application moved on behalf of appellant for leave to file
additional documents u/s. 151 CPC, copy be supplied.
Be listed for reply and arguments on the application on
06.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 950/16 26.08.2019 Present : Sh. A.K. Vashisht, Ld. counsel for appellant.
Sh. Madan Sagar, Ld. counsel for respondent.
Ms. Malti Sighu, Ld. counsel for applicant.
Ld. counsel for parties seeks time to file brief synopsis.
Be listed for final arguments on 13.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 966/13 26.08.2019 Present : Sh. Ram Niwas, Asstt Manager (Legal) for appellant.
Sh. Shashikant Sharma, Ld. counsel for SDMC.
Sh. Dinesh Dahiya, Ld. counsel for R-2.
Sh. Febin M Vargese, Ld. counsel for Heritage
Conservation Committee.
Adjournment sought on behalf of the appellant as main
counsel is not available today.
Be listed for final arguments on 14.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 677/16 26.08.2019 Present : Sh. Ankur Aggarwal, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Sh. Kapil Kumar, proxy counsel for R-2.
This appeal has been filed against the sanction of the
building plan in respect of the property in question bearing
No.12/18, East Punjabi Bagh, New Delhi.
Status report was filed on 09.05.2019 stating that vide letter
No.D/EE(B) /DC/KBZ/2018/670 dated 07.05.2019 the
sanction has been revoked in respect of property in
question.
In view thereof, the appeal has become infructuous, the
same is dismissed as infructuous.
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 26.08.2019
A.No. 681/18 26.08.2019 Present : None for the appellant.
Sh. S.K. Pruthi, Ld. counsel for respondent.
As none has appeared for the appellant, to come up for
further proceedings on 04.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 395/18 26.08.2019 Present : None for the appellant.
Sh. Mohit Sharma, Ld. counsel for SDMC.
As none has appeared for the appellant despite several
calls, be listed for final arguments on date already fixed i.e.
17.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 297/16 26.08.2019 Present : Sh. Brijesh Verma, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for MCD.
Ld. counsel for appellant states that an application for re-
opening of regularization application will be moved within
two weeks.
Subject to moving of the application within two weeks, the
same be processed and status report be filed by the
respondent on 20.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No.178/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
At request of Ld. counsel for appellant, adjourned to
10.12.2019 for final arguments. Interim order to continue till
next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No.177/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
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 26.08.2019
A.No. 709/18 26.08.2019 Present : Ms. Shabia Khatun, Ld. proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for MCD.
Status report filed alongwith photographs, copy supplied.
At joint request, adjourned to 24.09.2019 for final
arguments.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 701/15 26.08.2019 Present : Ms. Sanjana Antil, Ld. counsel for appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
Objections to the status report filed, copy supplied.
Be listed for final arguments on 09.09.2019. Interim order
to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 39/16 26.08.2019 Present : Sh. Mahesh son of the appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh. Yogesh
Sharma, JSA.
Son of appellant seeks Adjournment as his counsel is not
available today.
To come up for final arguments on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 303/15 26.08.2019 Present : None for the appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
As none has appeared on behalf of the appellant, be listed
for further proceedings on 26.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 378/18 26.08.2019 Present : None for the appellant.
Sh. Mohit Sharma, Ld. counsel for SDMC.
As none has appeared on behalf of the appellant, be listed
for further proceedings on 30.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
12.30 PM
At this stage, Sh. Nitin Dhingra, Ld. counsel for appellant
appeared, he has been apprised of the order.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 1136/13 26.08.2019 Present : None for the appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
As none has appeared on behalf of the appellant, be listed
for further proceedings on 06.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 856/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Ashutosh Gupta, Ld. counsel for MCD.
Ld. counsel for parties seeks more time to file brief
synopsis.
To come up for final arguments on 04.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 483/19 26.08.2019 Present : Sh. R.K. Sharma, Ld. counsel for appellant.
This is an appeal against the order of demolition.
Ld. counsel for appellant states that appellant was only
served with show cause notice dated 25.07.2019 for
sealing. No show cause notice or order of demolition has
been served upon the appellant. It is also stated that
application for regularization has been moved on
26.08.2019.
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 stay on
27.08.2019.
Process be given dasti, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 488/19 26.08.2019 Present : Sh. Mukesh Bhardwaj, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 02.04.2019 alongwith application for
stay and 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 and stay on 27.08.2019.
Process be given dasti, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 473/19 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 17.01.2018 alongwith application for
stay and 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 and stay on 28.08.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 474/19 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 21.05.2018 alongwith application for
stay and 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 and stay on 28.08.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 489/19 26.08.2019 Present : Sh. Akshay Srivastava, Ld. counsel for appellant.
Fresh appeal filed u/s 347-B of DMC Act against the order
of demolition dated 29.07.2019 alongwith application for
stay and 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 and stay on 28.08.2019.
Process be given dasti as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 466/19 26.08.2019 Present : Sh. Amit Bajaj, Ld. counsel for appellant.
Fresh appeal filed u/s 347-B(1) of DMC Act against the
order of sanction of building plan dated 12.04.2017. No
application for condonation of delay has been filed. 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 consideration on 23.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 492/19 26.08.2019 Present : Appellant with Ld. counsel Sh. Rajinder Gulati.
Fresh appeal filed u/s 343 and 347-B of DMC Act against
the order of demolition dated 14.08.2019 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. Record be deposited in the Tribunal.
Be listed for arguments on the application for stay on
29.08.2019.
Process be given dasti, as prayed for.
Appellant is directed to file the title documents.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 27/18 26.08.2019 Present : Appellant in person.
Sh. Mohit Sharma, Ld. counsel for MCD.
At request of appellant, adjourned for final arguments to
02.12.2019, as his counsel is not available.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 360/17 26.08.2019 Present : None for the appellant.
Sh. K.K. Arora, Ld. counsel for respondent.
Sh. Madan Lal, Ld. counsel for applicant.
As none has appeared for the appellant, be listed for further
proceedings on 29.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 527/17 26.08.2019 Present : Sh. Madan Lal Sharma, Ld. counsel for appellant.
Ms. Bina Sharma, Ld. counsel for respondent.
Be listed for final arguments with connected appeal on
29.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 930/17 26.08.2019 Present : Ms. Shabia Khartun, Ld. proxy counsel for appellant.
Sh. Raj Bhushan, JLO, EDMC.
At joint request, be listed for final arguments on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 1109/15, 1110/15, 1111/15, 1112/15 and 1113/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Ashutosh Gupta / Sh. Dharamvir Gupta, Ld. counsel for
MCD.
Status report filed stating that regularization application of
appellant has been rejected, copy of the rejection letter has
been filed.
To come up for final arguments on 04.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 981/17 26.08.2019 Present : Sh. B.R. Bakshi, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for MCD.
Arguments heard on the application for amendment.
It is stated that due to inadvertence appellant has
challenged the vacation notice dated 27.10.2017 instead of
challenging the sealing order. It is also stated that appellant
was not served with the sealing order, as no proof of pasting
of show cause notice or sealing order has been filed.
It is further stated that no prejudice will be caused to the
MCD if the amendment is allowed and the appellant is
allowed to amend the Para-4 of the appeal to incorporate
the following amendment in place of para-4.
“Appeal under section 347-B of the Delhi
Municipal Corporation Act, 1957 inter alia
challenging the Sealing Order dated 14th May,
1017 in respect of property House No.S-28/A
(4th Floor/Top Floor), School Block Shakarpur,
Delhi-92”
The application has been opposed by the Ld. counsel for
respondent on the ground that said amendment will change
the nature of the appeal.
Heard.
In my view the amendment is not likely to change the
nature of appeal and is necessary to determine the real
question in controversy.
In view thereof, the amendment application stands allowed.
The amended appeal be taken on record.
Be listed for final arguments on 25.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 132/19 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Madan Sagar, Ld. counsel for respondent.
More time is sought on behalf of the respondent to file the
status report.
At request adjourned to 28.11.2019 for final arguments.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 74/19 26.08.2019 Present : Sh. M. Hussain, Ld. proxy counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh.
Shish Ram Sharma, Architect Asstt.
Time is sought by Ld. counsel for respondent to file the
status report. Record be deposited with the Registry.
To come up for final arguments on 25.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 225/19 26.08.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.
Sh. Sanjeet, Ld. proxy counsel for MCD.
This is an appeal against the order of demolition dated
11.01.2019.
Documents filed by appellant.
Ld. counsel for appellant has pressed the application for
interim stay on the ground that otherwise the appeal will
become infructuous.
Briefly stated the facts of the case which are necessary to
decide the application are that the appellant is the owner of
built up property ad-measuring 22 sq.yds. bearing No.D-
1/183, Madangir, New Delhi by virtue of a family settlement
/ partition held on 15.06.1997.
It is further stated that brother of the appellant had filed false
complaint with the MCD against him. It is also alleged that
construction on the ground floor, first floor and second floor
in the property in question has been in existence since prior
to the execution of family settlement between the parties. It
is further alleged that appellant has not raised any illegal or
unauthorized construction in the property in question.
It is also submitted that the demolition order was never
served upon the appellant. It is also submitted that the
appellant received the show cause notice which was duly
replied. It is also stated that appellant came to know that
sealing order has also been passed only when the status
report was filed in the instant appeal,
Ld. counsel for appellant in support of his contention has
filed a copy of family settlement arrived at between the
parties dated 15.06.1997 and has also placed reliance upon
the judgment passed by Ld. Civil Judge in suit titled Murari
Lal Vs. Sant Ram and Another for possession of property in
question to show that construction in the property existed
upto two stories since prior to the date of family settlement
dated 15.06.1997 and the property in question fell to the
share of appellant.
Heard in view of the facts and circumstances there shall be
interim stay of demolition, respondent is restrained from
taking demolition action in the property in question property
bearing no.D-1/183, Madangir, New Delhi pursuant to the
impugned order till next date of hearing.
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 arguments on stay application on 30.10.2019.
A copy of the order be given Dasti to counsel for appellant,
as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019
A.No. 272/19 26.08.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.
Sh. Sanjeet, Ld. proxy counsel for MCD.
Be listed for arguments with connected appeal on
30.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 26.08.2019