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A.No. 364/19 23.09.2019. Present : Appellant No.2 with Ld. Counsel Sh. Sanjay Kumar.
Sh. Mohit Sharma, Ld. Counsel for the SDMC with Sh.
Rameez Abbas, Nodal Officer, SDMC.
Reply to the application for condonation of delay filed on
behalf of the MCD, copy supplied.
Ld. Counsel for appellant states that appellant does not
wish to pursue the appeal. The statement of the appellant
No.2 recorded. Statement of Ld. Counsel for appellant also
recorded on behalf of appellant No.1.
In view thereof, the appeal stands dismissed as withdrawn.
The impugned order dated 17.10.2016 is confirmed.
Respondent is at liberty to take action in the property in
question as per law. AE(B) concerned to file action taken
report before the Dy. Commissioner concerned who shall
ensure the compliance of the impugned order.
The file of the department, if any, be returned to the
respondent.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 329/19 23.09.2019. Present : Ms. Savita Rastogi, Ld. Counsel for appellant.
Sh. Rishab Sharma, Ld. Proxy counsel for respondent.
Ld. Counsel seeks time to file the chain of title documents
and standard building plan of the DDA.
Be listed for final arguments on 03.10.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 268/16 23.09.2019. Present : Sh. Jafar Abbas, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. Counsel for appellant seeks adjournment.
At request, to come up for final arguments on 08.11.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 387/19 & 388/19 23.09.2019. Present : Appellant with Sh. S.D. Ansari, Ld. Counsel for the
appellant.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
. Final arguments has been partly heard.
At joint request, adjourned to 30.09.2019 for filing brief
synopsis and further final arguments.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 653/16 23.09.2019. Present : Appellant in person.
Sh. Amit Kumar, proxy counsel for North DMC.
At joint request, adjourned to 16.01.2020 for final
arguments.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 453/18 and 488/17 23.09.2019. Present : Appellant with Ld. Counsel Sh. Dalip Rastogi.
Sh. V.K. Aggarwal, Ld. Proxy Counsel for respondent with
Sh. Roshan Lal, AE(B).
At joint request, adjourned to 10.01.2020 for filing brief
synopsis and final arguments.
Interim orders to continue till next date of hearing in appeal
No.488/17.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 349/15 & 350/15 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.
Sh. Madan Sagar, Ld. Counsel for respondent.
Status report not filed. AE(B) concerned to be present on
next date with status report. In case status report is not filed
on next date the Dy. Commissioner concerned will appear
on next date.
To come up for status report on 19.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 539/14 23.09.2019. Present : Appellant with Ld. Counsel Sh. Aman Gupta.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. Counsel for appellant seeks more time to file brief
synopsis.
At request adjourned to 16.12.2019 for final arguments.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 202/19 23.09.2019. Present : Sh. Pratham Verma, Ld. Counsel for appellant.
Sh. Sandeep Bhatti, Ld. Proxy counsel for MCD with Sh.
V.K. Mantoo, DLO.
At joint request, adjourned for arguments on the
maintainability of the appeal to 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
M.No. 33/17 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
The respondent has filed the reply to the objections of the
appellant, copy supplied.
At joint request adjourned to 18.12.2019 for filing brief
synopsis and final arguments.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 877/16 23.09.2019. Present : Sh. Gaurav Jain, Ld. Counsel for the appellant.
Sh. Shashikant Sharma, counsel for MCD.
At joint request adjourned for filing brief synopsis and final
arguments to 17.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 197/19 23.09.2019. Present : None for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent with Sh.
T.D. Joshi, L.I.
Status report filed stating that the premises No.A-93, Raj
Park, Sultan Puri, Delhi-86 has been sealed due to
impermissible work / manufacturing unit found running there
in the name and style of M/s Aggarwal Fabrication . It is
further stated that this property is in the list of DSIIDC
regarding which an industrial plot has been allotted but
despite the same appellant has continued with
impermissible activities in the property in question. It is also
stated that the seal of the property in question is found
tampered with. It is further stated that property in question
is subject matter of the affidavit filed by the Commissioner,
MCD before the Hon’ble Supreme Court in respect of 21960
industrial units in Writ Petition (C) No.4677/1985 titled M.C.
Mehta Vs. UOI. The list of the property in question is also
annexed.
In view of the status report filed by the respondent, in my
view the appeal is not maintainable, the same stands
dismissed.
Record of the respondent, if any, alongwith one copy of the
order be returned to the respondent. File be consigned to
record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 529/19 & 530/19 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.
Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.
Be awaited.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 536/19 & 537/19 23.09.2019. Present : Sh. Dalip Rastogi, Ld. Counsel for the appellant.
Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.
Documents filed on behalf of the appellant, copy already
supplied.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 529/19 and 530/19. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .
Ms. Satakshi Verma, Ld. Counsel for SDMC.
Be awaited.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
23.09.2019. 12.45 PM.
Shri Dalip Rustogi, Ld. Counsel for the appellant.
Ms. Satakshi Verma, Ld. Counsel for SDMC with
Shri Ravinder Singh. AE(B).
The record has not been filed.
Dy. Commissioner concerned and Chief Law Officer to be
present alongwith complete records on 24.09.2019 at 10.00
AM.
Put up for arguments.
(POONAM CHAUDHARY)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
23.09.2019. 2.30 p.m. Present : At this stage Sh. V.K. Aggarwal, Ld. Counsel for respondent
has appeared. On his request the notices issued to Dy.
Commissioner concerned and Chief Law Officer are
withdrawn. EE(B) concerned to appear in person alongwith
record and status report.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 450/19. 23.09.2019. Present : Shri Dinesh Monga, Ld. Counsel for the appellant.
Shri Ranjit Pandey, Ld. Counsel for the respondent.
Ld. Counsel for the appellant states that an application for
regularization was moved Ld counsel for the respondent
states that copy of the same be supplied Ld. Counsel for the
appellant seeks one week time, to supply the same. Subject
to supplying the same, the status report on the same be
filed.
Be listed for arguments on the application for interim stay on
17.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 699/18. 23.09.2019. Present : Shri Himal Akhtar, Ld. Counsel for the appellant .
Sh. Shashikant Sharma, counsel for respondent.
At request of Ld. Counsel for the appellant, adjourned for
withdrawal of the appeal to 09.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 27/16. 23.09.2019. Present : Shri Himal Akhtar, Ld. Counsel for the appellant .
Sh. Shashikant Sharma, counsel for respondent.
Ld. Counsel for the appellant states that the appellant has
moved an application under section 151 CPC for desealing
which is pending. Ld. Counsel for the respondent states that
as per the status report filed on the date of hearing of
19.09.2018 and status report dated 01.02.2019. The
construction in the property is protected under NCT of Delhi
Laws Special Provisions Act.
Ld. Counsel for the respondent seeks time to file reply to the
application. AE(B) concerned to be present on next date of
hearing.
Be listed for reply and arguments on the application on
09.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 912/17. 23.09.2019. Present : Shri Rajeev Kumar Chauhan, Ld. Counsel for the appellant .
Sh. V.K. Aggarwal, Ld. Proxy Counsel for respondent.
Shri Lalit Sharma, AE(B) .
Status report filed.
At joint request, adjourned for final arguments to
17.12.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 517/19. 23.09.2019. Present : None for appellant.
Shri Rameez Abbas, Nodal Officer, SDMC.
Be awaited.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
23.09.2019. 12.30 PM Present Ms. Shabista Nabi, Ld. Counsel for the appellant.
Shri Pramod Kaushik, Ld counsel for the respondent.
Time is sought to file status report.
Concerned AE(B) to be present on the next date.
Record be deposited with the Registry.
To come up for arguments on the interim application on
07.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
M in A.No.101/16 and 102/16. 23.09.2019. Present : Shri B.S. Soni, Ld. Counsel for the appellant .
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Shri Rameez Abbas, Nodal Officer, SDMC.
Status report filed. Further action taken report be submitted
by AE (B) before Dy. Commissioner concerned who will
ensure the compliance of the impugned order.
The file of the department, if any, be returned to the
respondent along with copy of this order.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 448/17. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.
Ms. Akahsha Dhammi, Ld. Counsel for the respondent.
Ld. Counsel for the appellant states that the respondent has
not filed the status report as to whether the respondent
plans to take action against other properties coming in the
right of way of road widening and whether any action has
been taken for road widening or not as directed vide order
dated 26.10.2017.
To come up for filing the status report by MCD and final
arguments on 28.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 356/17. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.
Ms. Akahsha Dhammi, Ld. Counsel for the respondent.
At joint request, adjourned for final arguments to 28.1.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 246-SCM-13 and 247-SCM-13. 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. Counsel for the appellant submits that notification dated
02.07.2019 Section 15.9 MPD-2021 relates to Registration
of mixed use premises and payment of charges.
It is further stated that with regard to above provision
Notification dated 02.07.2019 provides as under:-
“In addition to other penal action available under the
relevant act, properties found to be under mixed use,
without registration or in violation of the terms of this
notification shall be liable to pay, to the local body, a
penalty as prescribed with the approval of
Government.”
It is further stated by Ld. Counsel for the appellant that in
view of the said notification, the appellant is not liable to pay
penalty calculated by the MCD vide report dated
06.09.2018.
Ld. Counsel for the respondent seeks time to file fresh
status report regarding conversion charges/penalty payable
by appellant.
To come up for filing of report on 10.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
COPY
A.No. 246-SCM-13 and 247-SCM-13.(COPY) 23.09.2019. Present : Shri K.B. Gupta, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. Counsel for the appellant submits that in view of the
notification dated 02.07.2019 Section 15.9 MPD-2021 2021
regarding Registration of mixed use premises and payment
of charges provides :-
(i) In respect of a residential premises already under mixed
use or intended to be put to mixed use, the
owner/allottee/resident of the plot/dwelling unit, in case of
plotted development and dwelling unit in the case of group
housing, shall be required to declare such mixed use by
filling up a form in this respect and depositing it with the
local body concerned any pay one time registration charges
at rates to be notified with the approval of the Central
Government.
(ii) The premises under mixed use shall also be liable for
payment of mixed use charges every year to the local body
concerned at the rates notified with the approval of Central
Government, for the period during which the property is p.ut
to mixed use. Such payment will be made by the property
owner/allottee voluntarily before 30th June of every yhear in
respect of the previous assessment year (April March).
For mixed use for the year 2006-2007 and 2007-2008 the
property owner/allottee shall be allowed to pay one time
registration charges and annual conversion charges without
payment of any penalty under Clause 15.9 (v) for mixed use
on or before 30.06.2009.
(iii) No modification to the building for using residential
premises for non residential activities under the mixed use
policy shall be permitted unless the allottee/owner has
obtained sanction of revised building plans and has p.aid
necessary fees or charges.
(iv)The local body concerned shall be responsible for the
conduct of test check of properties under mixed use
whether registered with it or not.
(v) In addition to other penal action available under the
relevant act, properties found to be under mixed use without
registration or in violation of the terms of this notification
shall be liable to pay, to the local body, a penalty amounting
to 10 times the annual conversion charges for mixed use.
(vi) In respect of residential premises already se on
07.02.2007 in Special area, the owner/allottee/occupier of
the plotted development shall be required to declare such
mixed use by filling up a form in this respect and depositing
it with local body concerned and pay one time registration
charges and conversion charges without penalty on or
before 30.06.2009 at the rate to be notified with the
approval of the Government from time to time.
Notification dated 02.07.2019 provides as under:-
“In addition to other penal action available under the
relevant act, properties found to be under mixed use,
without registration or in violation of the terms of this
notification shall be liable to pay, to the local body, a
penalty as prescribed with the approval of
Government.”
It is stated by Ld. Counsel for the appellant that in view of
the said notification, the appellant is not liable to pay penalty
calculated by the MCD vide report dated 06.09.2018.
Ld. Counsel for the respondent seeks time to file fresh
status report regarding conversion charges/penalty payable
in terms of order dated 22.01.2018.
Status report regarding the misuse charges which are
payable by appellant.
To come up for filing of report on 10.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
A.No. 164/16 and 07/18. 23.09.2019. Present : Shri Rohit Oberai, Ld. Counsel for the appellant .
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Shri Amt Kumar, Ld. Counsel for the respondent.
Written submissions filed on behalf of the appellant, copy
supplied.
At joint request, be listd for final arguments on 21.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 189/10. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Written submissions filed on behalf of appellant, copy
supplied.
Ld. Counsel for the respondent seeks time to peruse the
written submissions.
Be listed for final arguments to 03.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 342/18. 23.09.2019. Present : Sh. S.D. Ansari, Ld. Counsel for the appellant .
Shri Madan Sagar, Ld. Counsel for New Delhi Municipal
Corporation.
At request of Ld. Counsel for the appellant, adjourned for
final arguments to 31.01.2020.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 243/19. 23.09.2019. Present : Ms. Nisha Sachdeva, Proxy Counsel for the appellant .
Ms. Anubha Kaushal, Ld. Counsel for the respondent.
Ld. Counsel for the respondent seeks time to file status
report regarding verification of details of existing
construction mentioned in the affidavit of appellant.
To come up for filing of status report on 09.10.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 289/17. 23.09.2019. Present : Appellant in person.
Shri Gian Chand, Ld. Counsel for the respondent .
Ld. Counsel for the respondent states that regularization
application moved by appellant has been rejected as the
appellant has only sought regularization with regard to the
projection on municipal land which is non compoundable
deviations. Appellant is directed to remove the non
compoundable deviations.
Appellant seeks time to remove the non compoundable
deviations.
Be listed for further proceedings on 18.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 81/19, 14/19 and 15/19. 23.09.2019. Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
Shri Adil Hussain, Ld. Counsel for the respondent.
Status report filed stating that the Department is in the
process of ascertaining whether the property is protected
under the provisions of National Capital Territory of Delhi
(Special Provisions) Second (Amendment) Act 2017 with
the help of property tax record.
Be listed for filing of status report on 04.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 65-13 M 23.09.2019. Present : Ms. N. Sehar, Ld. Counsel for the appellant .
File taken up on application on behalf of the appellant to
place on record the order of the Hon’ble High Court passed
in Original Reference No. 3/2018.
Be now listed on 02.12.2019 the date already fixed.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 240/18. And 569/18. 23.09.2019. Present : Appellant in person.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
Shri Rajeev Mittal, Ld. Counsel for applicant.
status report filed,.
Be listed for further arguments and orders on the application
under Order 1 Rule 10 CPC on 09.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019.
A.No. 546/19. 23.09.2019 Present : Sh. S.D. Ansari, Ld. counsel for appellant.
Sh. Abdul Haq, Nodal Officer for respondent no.1 / North
DMC.
Sh. Ankit Kumar, Ld. counsel for respondents no.2 to 5.
Be awaited.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
At 1.00 pm.
Present : Sh. S.D. Ansari, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for respondent no.1 /
North DMC.
Sh. Ankit Kumar, Ld. counsel for respondents no.2 to 5.
Status report be filed by respondent no.1/MCD on the next
date.
Reply be filed on behalf of respondents no.2 to 5.
Record be deposited with the Registry.
Be listed for arguments on the application for interim stay on
26.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 517/19. 23.09.2019 Present : None for appellant.
Sh. Rameez Abbas, Nodal Officer for SDMC.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 912/17. 23.09.2019 Present : Sh. R.K. Chauhan, Ld. counsel for appellant.
Sh. Rameez Abbas, Nodal Officer for SDMC.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 466/19. 23.09.2019 Present : None for appellant.
Sh. Ashutosh Gupta, Ld. counsel for respondent no.1 /
North DMC.
Sh. Gurdeep Singh, Ld. counsel for respondents no.2 to 4.
Memo of appearance filed on behalf of respondent no1 and
respondents no.2 to 4.
Time is sought to file Vakalatnama, status report and record
on behalf of respondents.
At request, to come up for filing of Status report, record and
further proceedings on 30.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 413/19. 23.09.2019 Present : Sh. Manoj Singh, Ld. Proxy counsel for appellant.
Sh. Abdul Haq, Nodal Officer for North DMC.
Time is sought to file status report and record.
To come up for further proceedings on 21.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 535/19. 23.09.2019 Present : Sh. Rajesh Mittra, Ld. counsel for appellant.
Sh. Rameez Abbas, Nodal Officer for SDMC.
Memo of appearance filed on behalf of respondent
File taken up on an application moved on behalf of appellant
u/s. 151 CPC for condonation of delay in filing of the
affidavit.
Heard, the delay stands condoned.
Time is sought to file status report regarding the verification
of affidavit of appellant vis-à-vis the existing construction.
Be listed for further proceedings on 13.11.2019.
The date of hearing of 11.10.2019 stands cancelled.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 50/19. 23.09.2019 Present : Sh. K.B. Gupta, Ld. counsel for appellant.
Sh. Rajinder Arya, Ld. counsel for New Delhi Municipal
Council with Sh. Ashok Kumar, Sr. Assistant and Sh. Yash
Pal, JE.
Ms. Vinnie Sharma, Ld. Proxy counsel for Monitoring
Committee.
Vakalatnama filed on behalf of Monitoring Committee.
Copy of appeal has been supplied to Ld. counsel for
Monitoring Committee, who seeks time to file the status
report.
Ld. counsel for appellant states that Monitoring Committee
has not passed order of sealing in this case..
Ld. counsel for Monitoring Committee is directed to file the
status report and orders passed by it.
Be listed now for final arguments with the connected appeal
on 31.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 263/17. 23.09.2019 Present : Sh. K.B. Gupta, Ld. counsel for appellant.
Sh. Rajinder Arya, Ld. counsel for New Delhi Municipal
Council with Sh. Ashok Kumar, Sr. Assistant and Sh. Yash
Pal, JE.
Ms. Vinnie Sharma, Ld. Proxy counsel for Monitoring
Committee.
Status report has been filed in the connected appeal no.
50/19 by NDMC.
At request of Ld. Counsel for Monitoring Committee,
adjourned for filing of status report and final arguments on
31.01.2020.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 182/19 23.09.2019 Present : Appellant with Ld. counsel Sh. G.R. Verma.
Sh. Syed Adil Hussain,Ld. counsel for respondent with Sh.
V.K. Mantoo, Dy. Law Officer.
Copy of the demolition order has been supplied to Ld.
counsel for appellant.
Ld. counsel for states that since the demolition order has
been supplied today, the appellant be given liberty to
withdraw the appeal and to file fresh one.
Statement of the appellant recorded.
The liberty as prayed is granted.
This appeal stands dismissed as withdrawn.
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 23.09.2019
A.No. 718/18. 23.09.2019 Present : None for appellant.
Sh. Ashutosh Gupta, Ld. counsel for North DMC.
Ld. counsel for respondent seeks more time to file status
report in terms of order dated 08.03.2019.
AE(B) to be present with the status report on the next date.
LI concerned to be present on the next date.
Be now listed for further proceedings on 03.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 629/13. 23.09.2019 Present : Sh. T.C. Sharma, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for SDMC.
At request of Ld. counsel for appellant, be listed for final
arguments on 14.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 669/18 and 670/18. 23.09.2019 Present : Sh. S.D. Ansari, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Sh. S.M. Jamal, Ld. counsel for applicant.
File not yet received from the Ld. Appellate Court, be
awaited for 04.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 946/17. 23.09.2019 Present : Sh. Amit Rana, Ld. counsel for appellant.
Sh. Abdul Haq, Nodal Officer for North DMC.
Show cause notice be issued to AE(B) as he is absent
despite being directed to appear with the status report of the
regularization application.
Notice be also issued to concerned Dy. Commissioner to
appear on the next date of hearing in case the status report
is not filed.
Be listed on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 364/17. 23.09.2019 Present : Sh. Kailash, son of appellant.
Sh. S.P. Saini, Ld. counsel for SDMC with Sh. Rameez
Abbas, Nodal Officer.
Ld. counsel for respondent again seeks adjournment to file
status report.
The Dy. Commissioner concerned to be present on the next
date as despite repeated directions, the status report has
not been filed.
Notice be also issued to Chief Law Officer, South to appear
on the next date.
Be listed for further proceedings on 10.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 752/18. 23.09.2019 Present : None for appellant.
Sh. Abdul Haq, Nodal Officer for North DMC with Sh.
Rajesh Kumar Mandal, LI.
As none has appeared for the appellant, be listed for further
proceedings on 13.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 470/17. 23.09.2019 Present : Sh. Dhruv, Ld. Proxy counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for SDMC.
Ld. counsel for appellant states that appellant has
challenged the order dated 12.01.2018 in the Hon’ble High
Court and Hon’ble High Court had granted stay. It is further
stated that next date of hearing in the Hon’ble High Court is
07.11.2019.
In view of above, be listed for awaiting the orders of Hon’ble
High Court / further proceedings on 17.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 151/18. 23.09.2019 Present : None for appellant.
Sh. Gyan Chand, Ld. counsel for North DMC.
Ld. counsel for respondent has placed on record the list of
21960 industrial units.
Be listed for arguments on the maintainability of the appeal /
further proceedings on 16.12.2.019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 608/17. 23.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. Ashutosh Gupta, Ld. counsel for North DMC.
Status report filed stating that the appellant had appliced for
regularization of installed tower / pole in the property in
question bearing no. Khasra No. 354,Village Mungeshpur,
Delhi and the same has been regularized vide letter No.
AE/B/NRZ/2019 D-44 dated 05.03.2019 in accordance with
the guidelines for new permission / regularization policy of
NDMC vide Office Order No. North DMC/EE(B)/HQ-2017/D-
587 dated 06.11.2017 issued by EE(B)/HQ/North DMC and
as per settlement / agreement dated 30.01.2017 vide LPA
No. 572/2011 and Hon’ble High Court order dated
28.08.2017. It is further stated that the regularization of pole
is valid for five years.
This appeal pertains to order of demolition dated
02.06.2017
In view of permission / regularization granted by respondent
the impugned order of demolition dated 02.06.2017 is set
aside on compliance of the terms and condition of letter
dated 05.03.2019.
The respondent is at liberty to take action after the expirt\y
of the period of five years in accordance with law.
The appellant is directed to abide by all the terms and
conditions of the permission letter and on violation of any
condition of the said letter the respondent will be at liberty to
take action as per law against the telecommunication tower
in question.
The appeal stands disposed off.
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 23.09.2019
A.No. 1099/16. 23.09.2019 Present : Sh. S. Nayanam, Ld. counsel for appellant.
Sh. Mukesh Sharma, Ld. counsel for EDMC.
Status report filed stating that tower in question has been
regularized vide letter no. D-35 dated 17.09.2019, copy of
said letter has been filed.
At request of Ld. counsel for appellant, adjourned for taking
instructions and final arguments to 16.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 1100/16. 23.09.2019 Present : Sh. S. Nayanam, Ld. counsel for appellant.
Sh. Md. Hashim, Ld. Proxy counsel for EDMC with Sh. P.V.
Singh, EE(B).
Status report filed stating that tower in question has been
regularized vide letter no. D-35 dated 17.09.2019, copy of
said letter has been filed.
At request of Ld. counsel for appellant, adjourned for taking
instructions and final arguments to 16.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 904/18. 23.09.2019 Present : Appellant with Ld. counsel, Sh. Satish Kumar.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with Sh.
Manoj Tiwari, LI.
Ld. counsel for appellant states that he has not received the
copy of status report, the same has been supplied today.
Statement of Sh. Manoj Tiwari, LI recorded.
Ld. counsel for appellant states that in view of the status
report filed and statement of LI, the appellant wish to
withdraw the present appeal with liberty to approach the
Hon’ble Supreme Court / Monitoring Committee constituted
by the Hon’ble Supreme Court.
Statement of appellant recorded.
The liberty as prayed for is granted.
This appeal stands dismissed as withdrawn.
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 23.09.2019
A.No. 561/19 23.09.2019 Present : Sh. Saurabh Kumar, Ld. counsel for appellant.
Fresh appeal filed u/s 347-B of DMC Act against the order
of sanction of building plan dated 28.06.2019 and
20.07.2018 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 argument on application for stay on
10.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 569/19 23.09.2019 Present : Sh. Neeraj Tyagi, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 03.09.2019 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
26.09.2019.
Process be given dasti, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 565/19 23.09.2019 Present : Sh. Anirudh Mehrotra, Ld. counsel for appellant.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 17.05.2017 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 24.09.2019.
Process be given dasti, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 564/19 23.09.2019 Present : Appellant with Ld. counsel Sh. Prabhat Kiran.
Fresh appeal filed u/s 343 (2) of DMC Act against the order
of demolition dated 21.08.2019 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
on01.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 544/19 23.09.2019 Present : Sh. Anirudh Mehrotra, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD alongwith Sh.
Amar Singh, AE(B).
Status report filed, copy supplied.
Record be deposited with the Registry.
Be listed for arguments with the connected appeal on
24.09.2019.
AE(B) to be present on date fixed.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 566/18 23.09.2019 Present : Ms. N. Sehar, Ld. counsel for appellant.
File taken up on an application moved for early hearing.
Notice be issued to the respondent for 17.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 182/19 23.09.2019 Statement of Sh. Trilok Chand Sharma S/o Late Sh. Jamna Das Sharma,
appellant R/o Flat No.137, Pocket-4, Sector-24, Rohini, Delhi-85.
On SA
I am the appellant in the present appeal. I wish to withdraw the present
appeal with liberty to file fresh appeal as the copy of the demolition order
received today.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 364/19. 23.09.2019 Statement of Sh. Sanjay Kumar, Ld. counsel for appellant no.1, D-
122A/89, Chamber no. 727, Western Wing, Tis Hazari Court, Delhi.
On SA.
I am the counsel for appellants in the present appeal, I have the
instructions on behalf of appellant no.1 to withdraw the appeal.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 364/19. 23.09.2019 Statement of Sh. Mohd. Adil, S/o. Sh. Jamil Ahmed Khan, R/o. 114/9,
Gali No.9, Okhla Village, Jamia Nagar, New Delhi-110025.
On SA.
I am the appellant no. 2 in the present appeal, I may be permitted
to withdraw the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 904/18 23.09.2019 Statement of Sh. Azhar Hussain S/o Sh. Abdul Jabbar, appellant C/o T-
411, Chamelion Road, Ahata Kidara, Delhi-06 also at R/o Property
No.6706, ground floor, Ahata Kidara, Bara Hindu Rao, Delhi-6.
On SA
I am the appellant in the present appeal, I may be permitted to withdraw
the appeal in view of the status report filed by the respondent and
statement of L.I. concerned with liberty to approach Hon’ble Supreme
Court of India / Monitoring Committee constituted by the Hon’ble
Supreme Court .
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019
A.No. 904/18 23.09.2019 Statement of Sh. Manoj Tiwari, L.I. City SP Zone, North DMC
On SA
The subject property is one of the properties in 21960 for which affidavit
has been filed before the Hon’ble Supreme Court of India in Writ Petition
(C) No. 4677/1985 titled M.C. Mehta Vs UOI. The Hon’ble Supreme
Court vide order dated 26.11.2018 has directed that we direct that none
of these of properties 21960 units should be allowed to reopen without
the permission of this Court.”.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 23.09.2019