A.No. 1062/17, 1069/17 and 827/17 The copy of certain …mcdonline.gov.in/at/dailyordersnew/528_18.03.2019.pdf · A.No. 1062/17, 1069/17 and 827/17 18.03.2019 Present : Sh. Abhishek

A.No. 1062/17, 1069/17 and 827/17 18.03.2019

Present : Sh. Abhishek Chhabra counsel for appellant .

Sh. Rajender Arya counsel for respondent .

The copy of certain documents has been filed. Copy

supplied.

Put up for perusal of status report and further

proceedings on 03.04.2019.

(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 18.03.2019

A.No. 73/17/M 18.03.2019

Present : Sh. Abhishek Chhabra counsel for appellant .

Sh. Rajender Arya counsel for respondent.

The copy of certain documents has been filed. Copy

supplied.

Put up with connected matters No. . 1062/17,1069/17 and 827/17. Put up for perusal of status report and further

proceedings on 03.04.2019.



A.No. 48/19 18.03.2019

Present : Shri G.R. Verma counsel for appellant.

Shri A.K. Dixit counsel for respondent.

Shri Sandeep Jain AE (B) .

The status report has been filed stating that

the application for regularization was received on

13.02.2019 and I.N. dated 15.03.2019 has been

issued. The copy of the status report and I.N.

supplied. The original record be also produced.

Put up for filing the status report regarding

decision of the regularization application on

03.05.2019.

Copy of order be given Dasti to both parties

for compliance.


Appellate Tribunal: MCD 18.03.2019

A.No. 880/17 18.03.2019

Present : Sh. Madan Lal Sharma, counsel for appellant.

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

Mohit Sharma, counsel for MCD alongwith Ms.

Renu Soni, Nodal Officer for SDMC.

Main counsel for respondent is not present today as

his wife is stated to be ill.

Status report not filed by the concerned Dy.

Commissioner.

Dy. Commissioner is directed to appear in person

alongwith status report on 15.05.2019.

Copy of order be given Dasti to Ms. Renu Soni,

Nodal Officer for SDMC for compliance.



A.No. 779/14, 769/14, 778/14 & 768/14 18.03.2019

Present : Clerk of Sh. Dalip Rastogi, counsel for

appellant.

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

Counsel for appellant is on Dwarka Court.

Put up this matter for final arguments on 09.07.2019.



A.No. 1002/16 18.03.2019

Present : Sh. Aman Ahmad, Proxy counsel for

appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Adjournment sought as main counsel for appellant is

not available today.

Put up this matter for final arguments on 29.07.2019.



A.No. 1152/15 & 1153/15 18.03.2019

Present : Sh. S.D. Ansari, counsel for appellant

alongwith appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Status report in compliance of order dated

05.11.2018 filed stating that unauthorized construction is

still remaining at site in respect of the demolition order has

been passed. No application for regularization has been

filed till date by the appellant. The property may be allowed

to be desealed for self rectification only.

Adjournment sought.

Put up this matter for filing proceedings of Hon’ble

High Court on 22.03.2019 wherein respondent has stated

that demolition action has already been completed.



A.No. 859/18 18.03.2019

Present : Sh. Vikas Chhabra, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Ld. counsel for appellant submitted that the matter in

the Hon’ble High Court is listed for 26.03.2019.

Copy of order dated 19.12.2018 is placed on record.

Put up this matter for arguments on 15.07.2019.



A.No. 227/18 18.03.2019

Present : Sh. Madan Lal Sharma, counsel for appellant.

Sh. Amit Kumar, counsel for MCD.

Sh. Paritosh Tomar, counsel for applicant.

Status report in compliance of order dated

24.12.2018 filed stating that regarding contents of para no.

4 in the application of the applicant Sh. Pravesh Attri, it is

stated that regarding status of the land, ownership title or

allied issues, it is either a subject matter of Dy.

Commissioner (Revenue), GNCT of Delhi (who maintain

property record on the basis of Khasra) or DDA.

In view of the status report filed today, notice

alongwith copy of application under section 151 CPC be

issued to Dy. Commissioner (Revenue) South, GNCT of

Delhi to file the status report regarding the property bearing

no. 65-D, Khasra No. 829.

Copy of order be given Dasti to the applicant for

placing the same before concerned Dy. Commissioner for

filing the record.

Put up this matter for that purpose and arguments on

15.05.2019.

Interim stay granted by Hon’ble High Court is ordered

to be extended till next date.



A.No. 708/18 & 418/18 18.03.2019

Present : Sh. Praveen, proxy counsel for appellant.

Sh. Sanjeev Yadav, counsel for MCD

alongwith Ms. Renu Soni, Nodal Officer for

SDMC.

Track record has not been filed.

Adjournment sought to file the track record.


27.05.2019.



A.No. 762/17 18.03.2019

Present : Sh. Anuj Garg, counsel for appellant.

Sh. K.K. Arora, counsel for MCD.

Sh. Faiz Ahmad counsel for Delhi Waqf Board.

Adjournment sought for filing reply to the application

under Order 1 Rule 10 CPC.


23.05.2019.



A.No. 758/18 18.03.2019

Present : Sh. Abhishek Singh, counsel for appellant.

Sh. Sanjay Sharma, counsel for MCD.

Ms. Preeti Sharma, proxy counsel for Sh.

Naveen Kumar, counsel for HPCL (applicant)

Adjournment sought.

Put up this matter for arguments on 22.04.2019.



A.No. 672/18 18.03.2019

Present : Sh. R.N. Singh, counsel for appellant.

Ms. Manjusha Jha, counsel for MCD alongwith

Sh. Manoj Kumar, AE(B).

Status report filed which shows that the decision has

not been taken on the application on the ground that original

record is lying deposited with the Registrar.

Ld. counsel for appellant submitted that it is a

delaying tactics of the respondent.

It is strange to note that no decision has been taken

despite directions on the pretext that original record is lying

with the Tribunal.

A copy of record is already kept by the respondent

for such purposes and there was no hurdle to obtain the

original record if required during the period of two months

after 30.01.2019.

Concerned Dy. Commissioner is directed to file

status report under his own hand and signature. He / she

further directed to pass appropriate order on the application.

Registrar is directed to return the original record if

required by the AE(B) who is present today.

Put up this matter for filing status report by the

respondent and arguments on 15.04.2019.

Copy of order be given Dasti to both parties for

compliance.



A.No. 401/18 18.03.2019

Present : None for appellant.

Sh. H.R. Aggarwal, counsel for MCD

alongwith Sh. Atul Gupta, L.I.

Status report signed by Dy. Commissioner filed

stating that the property in question is one of the 21,960

industrial units identified by the DSIDC in respect of which

the Commissioner, South DMC has filed affidavit before the

Hon’ble Supreme Court in the matter of M.C. Mehta vs.

Union of India.

In view of status report and order dated 26.11.2018

passed by the Hon’ble Supreme Court in Writ Petition (C)

No.4677/1985 titled as M.C. Mehta vs UOI, the appeal is not

maintainable and accordingly dismissed.

The file of the department, if any, be returned to the

respondent alongwith copy of this order.

File be consigned to record room.



A.No. 391/16 18.03.2019

Present : Sh. Gaurav Jain, counsel for appellant.


Adjournment sought to seek instructions from

dismantling the tower.

At request, put up this matter for further proceedings

on 22.04.2019.



A.No. 140/18 18.03.2019



Status report filed which states that tower is not

completely dismantled.

Ld. counsel for appellant submitted that the tower will

be dismantled within two weeks.

Let the tower be temporary desealed for 15 days

w.e.f. 26.03.2019 to 10.04.2019 for the purpose of

dismantling.

Put up this matter for filing of status report by the



compliance.



A.No. 233/16 & 142/18 18.03.2019

Present : Sh. Gaurav Jain, counsel for appellant

alongwith Sh. Manish Kumar Singh, AR of

appellant company.

Sh. H.R. Aggarwal / Sh. V.K. Aggarwal,

counsel for MCD.

Status report filed stating that the tower has already

been dismantled.

In view of the status report, the appeal is disposed off

accordingly as become infructuous.






A.No. 322/15 & 961/14 18.03.2019



appellant company.

Sh. Dharamvir Gupta / Sh. A.K. Jha, counsel

for MCD.

Statement of AR of appellant company has been

recorded.

Ld. counsel for appellant submitted that the

respondent will inspect the site for verification of statement

regarding dismantling of tower.

Heard.

Statement and submissions perused.

In view of the statement of the AR of appellant and

submissions made at bar, the appeal is disposed of having

become infructuous.

In case the tower has not been dismantled,

respondent is at liberty to comply the impugned demolition /

sealing order, if any.

The appeal is disposed of accordingly in above

terms.






A.No. 689/15 18.03.2019



appellant company.

Ms. Nagina Jain, counsel for MCD.


recorded.




Heard.




become infructuous.





terms.






A.No. 141/18 18.03.2019



appellant company.

Sh. Manik Garg, counsel for MCD.


recorded.




Heard.




become infructuous.





terms.






A.No. 98/19 18.03.2019

Present : Sh. Anurag Ojha, counsel for appellant.

Sh. Abdul Haq, Nodal Officer from North DMC.

Sh. Manish Tanwar, counsel for applicant.

Vakalatnama of Sh. Sanjay Sethi, Advocate on

behalf of respondent filed.

An application under Order 1 Rule 10 CPC moved by

Sh. Rajender Singh, applicant. Copy supplied to the

appellant.

Put up this matter for filing reply on the said

application and arguments on 22.05.2019.



A.No. 994/17 18.03.2019

Present : Sh. Anuj Garg, counsel for appellant.

Sh. Shashikant Sharma / Sh. Ashutosh Gupta,

counsel for MCD.

Written submissions filed by the appellant.

Respondent is directed to file written submissions by

next date of hearing.

Put up this matter for perusal of written submissions

and arguments on 22.07.2019.



A.No. 54/12 & 55/12 18.03.2019

Present : Sh. K.N. Singh, counsel for appellant.

Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,

counsel for MCD.

Ld. counsel for appellant states that remaining work

of cutting of girder were being cutting down by the appellant.

Concerned AE(B) is directed to appear in person

alongwith status report and photographs of the property on

31.05.2019.


compliance.



A.No. 54/19 18.03.2019



Vakalatnama on behalf of respondent filed.

Original record attached with appeal file no. 55/19

which is listed for 23.04.2019.

Put up this matter for filing status report by the




A.No. 935/14 & 159/17 18.03.2019

Present : Sh. R.P. Tyagi, counsel for appellant.

Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,

counsel for MCD.

Status report was filed on previous date which shows

that demolition action in compliance of order has not been

taken.

Ld. counsel for appellant seeks adjournment to

produce the appellant for withdrawal of the appeal.

Put up this matter for filing further status report by the

respondent / statement of appellant on 22.04.2019.



A.No. 171/18 18.03.2019

Present : Sh. D.K. Mishra, counsel for appellant.


Original record perused.

Copy of title documents already filed.

Put up this matter for clarifications, if any / orders on

04.04.2019.



A.No. 253/17 18.03.2019

Present : Sh. A.R. Naseer, proxy counsel for appellant.

Ms. Praveen Sharma, counsel for MCD.

Status report was filed on previous date under the

hand and signature of concerned Dy. Commissioner stating

that upon availability of police force from PS Jamia Nagar

on 03.01.2019, respondent sealed the entire booked

unauthorized construction.

Dy. Commissioner is directed to file further status

report as per previous order on 09.07.2019.


compliance.



A.No. 430/18 18.03.2019

Present : Sh. Shiva Handa, counsel for appellant.

Sh.Mikhil Sharma, counsel for respondent

alongwith Sh. B.S. Gupta, AE(B).

Written statement / reply has already filed on behalf

of the respondent.

Ld. counsel for appellant seeks adjournment to file

rejoinder, if any.

Certain documents also filed by the respondent.

Objections to the status report also filed on behalf of

the appellant.

Put up for final arguments on 09.05.2019 at 2.00

p.m. Interim stay, if any, is extended till next date.



A.No. 123/19 18.03.2019

Present : Sh. C. Prakash, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. B.P. Singh, AE(B).

Status report filed.

Concerned AE(B) has made a statement that

demolition order dated 11.01.2019 was passed as the

appellant never supplied the copy of the regularization plan

which was supplied for the first time before the court in the

present appeal. As such the said regularization plan being

a vital document can only be considered if the order dated

11.01.2019 is set aside. The department is ready to provide

fresh hearing to the appellant and thereafter shall pass a

fresh speaking order in the present matter. The directions

dated 12.02.2019 passed by the Monitoring Committee will

also be considered at the time of fresh hearing. His

statement has been recorded separately in this regard.

I have heard ld. counsel for parties.

Counsel for respondent submitted that in view of the

statement of the AE(B) concerned as the regularization plan

has been submitted during the proceedings of this appeal

which will be considered by the Quasi Judicial Authority

while giving hearing for passing the fresh speaking order. It

is further submitted that the directions given by the

Monitoring Committee regarding non applicability of the

protection under Delhi Laws (Special Provisions) Act in this

case will also be considered while passing the speaking

order.

In view of the statement of the AE(B) concerned, the

impugned order is set aside with the direction to pass fresh

speaking order within a period of one month.

The respondent 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 AE (B) on 04.04.2019 at 3:00 p.m. on which

A.No. 123/19 -2-

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.

The AE(B), concerned 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 one month

thereafter.

With these observations appeal is 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).

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.

Copy of the order be given Dasti to both the parties,

as prayed.



A.No. 728/13 & 729/13 18.03.2019

Present : Sh. Neeraj Kumar, counsel for appellant

alongwith Smt. Rama Gupta and Smt. Sarita

Aggarwal, (appellant).

Sh. A.K. Jha, counsel for respondent MCD.

Sh. Mahul Prasad, proxy counsel for Sh.

Navin Matta, counsel for Monitoring

Committee.

Sh. G.S. Asthana, counsel for DDA.

Sh. Amit Kumar Mittal, counsel for DUSIB.

Statement of Smt. Rama Gupta has been record

separately regarding ownership of the property in question.

Put up for perusal of the statement, clarification, if

any / order on 09.04.2019.



A.No. 1063/16 18.03.2019

Present : Sh. S.D. Sharma, counsel for appellant.

Sh. V.K. Aggarwal, counsel for appellant

alongwith Sh. Hukam Singh, AE(B).

AE(B) submits that despite search of the record

original FIR could not be found. The carbon copy of the

same is already in record, which may kindly be considered.

The reply to the show cause notice filed by the

appellant in appeal which is not in our record may be

considered by the Tribunal. His statement has been

recorded separately in this regard.

Put up for perusal of the statement, clarification, if

any / order on 22.04.2019.



A.No. 813/14 18.03.2019

Present : Sh. Raman Sablok, proxy counsel for counsel

for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. R.K. Jain, AE(B).

Sh. Vikas Aggarwal, counsel for applicant

alongwith applicant in person.

AE(B) stated that the status report dated 18.03.2019

has been prepared and filed by him. As per the said report

he has carried out the inspection in the appeal property

whereby he has observed that the existing construction at

site i.e. ground floor of property bearing No.21, Bunglow

Road, Delhi-7 has been brought in accordance with

Sanctioned Building Plan. He has further noticed that the

walls at the ground floor of the said property have been re-

erected at its original position restoring back the said portion

as per Sanctioned Building Plan. He further states that no

further sealing and demolition action in pursuance of the

booking dated 25.08.2010 vide file No.139/C-

69/B/UC/CLZ/2010 for unauthorized construction. The

property, at present, can only be used for residential

purposes. However, since the property is abutting on a

notified mixed land use road, the same can be used for the

purposes as provided in the MPD-2021 subject to

completion of all necessary formalities and payment of

requisite charges. His statement has been recorded

separately in this regard.

Adjournment sought to produce the appellant for

making statement for withdrawal of the appeal.

Put up on 25.03.2019 for that purpose and further

proceedings.



A.No. 65/13 18.03.2019

Present : Sh. Lakshay Kumar proxy counsel for Sh.

S.D. Ansari, counsel for appellant.

Sh. Abdul Haq, Nodal Officer, NDMC.

Adjournment sought to file the status report of the

reference pending in the Hon’ble High Court.

Put up for that purpose and further proceedings on

29.03.2019.



M.No. 301/96 18.03.2019

Present : Applicant in person.

He has placed on record copies of certain documents

to establish his identity.

Put up for perusal of the documents and arguments

on 26.03.2019. at 2.00 p.m.



A.No. 602/14 18.03.2019

Present : Sh. M.G. Vacher, counsel for appellant.

None for DDA.

None for R-2 & R-3.

An application for early hearing was moved as matter

was already listed on 11.07.2019. No one is present on

behalf of the respondent DDA.

There is no Nodal Officer appointed by the DDA.

Notice be issued to the DDA through Chief Legal

Advisor intimating that no one is appearing on behalf of the

DDA in the matter and Nodal Officer was also not appointed

to represent the DDA in the matters before this Tribunal.

Responsible officer be directed to remain present for

explanation in that regard.

Copy of this order be sent through special

messenger to the DDA.

Put up for arguments on early hearing application on

12.04.2019.



A.No. 112/19 122/19 & 124/19 18.03.2019

Present : Sh. Sher Afgan, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD in

appeal No.122/19 & 124/19 alongwith Sh.

Ashish Sharma, AE(B).

None for respondent in appeal No.112/19.


Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Status report in appeal No.112/19 not filed.

Reply to the application seeking condonation of delay

not filed. The property is lying sealed.

Put up for arguments on the application seeking

condonation of delay and thereafter interim stay application,

if any on 23.05.2019.



A.No. 84/17 18.03.2019

Present : Sh. Amarnath counsel for appellant.


Status report filed. Copy supplied to the counsel for

appellant for taking necessary steps / filing of objection, if

any.

Put up for further proceedings on 15.07.2019.



A.No. 168/19 18.03.2019

Present : Sh. Veer Singh, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC

alongwith Sh. Srikant, AE(B).

Vakalatnama on behalf of respondent filed.

It is stated that original record is attached with appeal

file bearing No.161/19 listed on 09.07.2019.

Put up this matter alongwith said appeal tomorrow

i.e. 19.03.2019.



A.No. 382/18 18.03.2019

Present : Sh. Deepak Thakur, counsel for appellant

alongwith appellant.

File taken today as an application for early hearing

has been moved on behalf of the appellant.

Notice of the application be issued to the respondent

date already fixed i.e. 29.03.2019.

AE(B) concerned is directed to remain present

alongwith original record on date fixed.



A.No. 53/19 18.03.2019


Ms. Kanta Chaudhary, counsel for respondent

alongwith Sh. Raj Bhushan, JLO from EDMC.

Adjournment sought to file the status report.

Put up this matter for filing of status report by the




A.No. 180/19 & 181/19 18.03.2019

Present : Sh. V.K. Arora and Sh. Nitin Ahlawat counsel

for appellant.

Sh. Shashikant Sharma, counsel for MCD in

appeal No.181/19.

Sh. V.K. Aggarwal, counsel for MCD. in

appeal No.180/19.

Memo of appearance on behalf of respondent filed.


As per original record the demolition action first time

took place on 25.07.2017 & 05.09.2017.

The application seeking condonation of delay has

been filed.

Adjournment sought to file reply of the said

application because the appeal is apparently barred by

limitation.

Counsel for appellant pointed out that regularization

application has been filed by the appellant for which an IN

has been issued to the appellant. This fact is also verified

by the AE(B) concerned present in the court.

Respondent is directed to take decision on the said

regularization application positively by next date of hearing.

Put up for arguments on the application seeking

condonation of delay and to file status report with regard to

regularization application of the appellant on 26.04.2019.



A.No. 880/17 18.03.2019 at 2.30 PM

File taken up today at the request of

Ms. Renu Soni, JLO/SDMC who submits that the

report in compliance of order dated 06.03.2019 will

be filed within a week. She has further made a

request not to summon the concerned Dy.

Commissioner. In case the status report is not filed

within a week, the Deputy Commissioner will appear

alongwith the status report on date fixed.

Put up on date fixed i.e. 15.05.2019.

Copy of the order be given Dasti to both the parties,

as prayed.



A.No. 193/19 18.03.2019

Present : Sh.Nagender Yadav counsel for appellant .

Fresh appeal filed against sealing order dated

25.07.2018, alongwith application seeking condonation of

delay.

It is stated that connected appear bearing No.285/17

is listed on dated 30.05.2019.

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 30.05.2019.



A.No. 196/19. 18.03.2019

Present : Sh. G.R.Verma counsel for appellant .

Fresh appeal filed against demolition order dated

12.09.2018 alongwith an 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 22.03.2019.



At this stage, Shri Mikhil Sharda counsel for

respondent appeared and submits that he has the

instructions to receive the notice in this case and he will file

his Vakalatnama on next date of hearing.



A.No. 534/19. 18.03.2019

Present : Sh. Manoj Sonkar counsel for appellant .

File taken up today as an application for

rectification of order dated 13.03.2019 has been

moved on behalf of the appellant.

Notice of the application be issued to the

respondent for date already fixed i..e 09.05.2019.



A.No. 555/12 & 139/12 18.03.2019

Present : Sh. Tarun Parashar, grandson of Smt. Ram

Kaur.

Sh. H.R. Aggarwal, counsel for DDA alongwith

Sh. Kanwar Singh Kanoongo, DDA.

Sh. H.R. Aggarwal, counsel for MCD in appeal

no. 555/12.

Sh. Ajay Kumar Mishra, counsel for SDM,

Sarasvati Vihar.

Put up on 20.03.2019 at 2.00 p.m. for further

proceedings, clarification, if any / order.



A.No. 729/13 Statement of Smt. Rama Gupta W/o Sh. Mukesh Kumar Gupta, R/o Flat No.205-A, Pocket-C, Mayur Vihar Phase-2, Delhi-92 ON SA

I was the owner of the property bearing no. A-4/156, measuring 26

sq. mtr. situated in the layout plan of Kondli Residential Scheme Delhi-

110096 since the date of its purchasing on 30.05.2011 when the property

was already lying sealed. I have sold the same through General Power of

Attorney, Agreement to Sale etc. to Smt. Sarita Aggarwal (present

appellant) on 30.05.2011. The copies of documents filed on record which

are from page No.75 to 87 is ex. P-2. I have no objection in case

property in question be desealed and possession of the same be handed

over to Smt. Sarita Aggarwal. Copy of my Voter ID card is Ex. P-3.

RO&AC



A.No. 728/13 Statement of Smt. Rama Gupta W/o Sh. Mukesh Kumar Gupta, R/o Flat No.205-A, Pocket-C, Mayur Vihar Phase-2, Delhi-92 ON SA

I was the owner of the property bearing no. A-4/155, measuring 26

sq. mtr. situated in the layout plan of Kondli Residential Scheme Delhi-

110096 since the date of its purchasing on 30.05.2011 when the property

was already lying sealed. I have sold the same through General Power of

Attorney, Agreement to Sale etc. to Smt. Sarita Aggarwal (present

appellant) on 30.05.2011. The copies of documents filed on record which

are from page No.77 to 89 is ex. P-2. I have no objection in case

property in question be desealed and possession of the same be handed

over to Smt. Sarita Aggarwal. Copy of my Voter ID card is Ex. P-3.

RO&AC



A.No. 1063/18 Statement of Sh. Hukam Singh, AE(B) Najafgarh Zone, SDMC. ON SA

Despite search of the record original FIR could not be filed. The

carbon copy of the same is already in record, which may kindly be

considered.

The reply to the show cause notice filed by the appellant in appeal

which is not in our record may be considered by the Tribunal.

RO&AC



A.No. 141/18 Statement of Sh. Manish Kumar Singh, AR of the appellant company ON SA

I have instructions from the company to state that the company

has completely dismantled the telecommunication tower from the roof top

of the property bearing No.D-134, Panchsheel Enclave, New Delhi. As

such my appeal may be disposed off.

RO&AC






of the property bearing No.80, Vijay Block, Laxmi Nagar Vikas Marg,

Delhi-92. As such my appeal may be disposed off.

RO&AC






of the property bearing Plot No.3. LSC, Pocket H & J, Sarita Vihar, New

Delhi. As such my appeal may be disposed off.

RO&AC






of the property bearing H.No.212, Block-T, Khasra No.19, Binda Pur,

Matiala Road, Uttam Nagar, New Delhi-59. As such my appeal may be

disposed off.

RO&AC



A.No. 813/14 Statement of Sh. R.K. Jain, AE(B), K.P. Zone, NDMC ON SA

The status report dated 18.03.2019 has been prepared and filed by

me. As per the said report I have carried out the inspection in the appeal

property whereby I have observed that the existing construction at site i.e.

ground floor of property bearing No.21, Bunglow Road, Delhi-7 has been

brought in accordance with Sanctioned Building Plan. I have further

noticed that the walls at the ground floor of the said property have been

re-erected at its original position restoring back the said portion as per

Sanctioned Building Plan. I further states that no further sealing and

demolition action in pursuance of the booking dated 25.08.2010 vide file

No.139/C-69/B/UC/CLZ/2010 for unauthorized construction. The property,

at present, can only be used for residential purposes. However, since the

property is abutting on a notified mixed land use road, the same can be

used for the purposes as provided in the MPD-2021 subject to completion

of all necessary formalities and payment of requisite charges.

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A.No. 430/18 Statement of Sh. B.P. Singh, AE(B), K.P. Zone, NDMC.

ON SA

I say that demolition order dated 11.01.2019 was passed as the

appellant never supplied the copy of the regularization plan which has

been supplied for the first time before the court in the present appeal. As

such the said regularization plan being a vital document can only be

considered if the order dated 11.01.2019 is set aside. The department is

ready to provide fresh hearing to the appellant and thereafter shall pass a

fresh speaking order in the present matter. The directions dated

12.02.2019 passed by the Monitoring Committee will also be considered

at the time of fresh hearing.

RO&AC



Documents

A.No. 1062/17, 1069/17 and 827/17 The copy of certain …mcdonline.gov.in/at/dailyordersnew/528_18.03.2019.pdf · A.No. 1062/17, 1069/17 and 827/17 18.03.2019 Present : Sh. Abhishek