A.No. 385/17. Present - Municipal Corporation of Delhi

A.No. 385/17. 06.01.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for North DMC.

Status report was filed on the previous date stating that the

permission has been accorded for erection of tower in the

property in question subject to the compliance of the

conditions mentioned in the letter dated 17.05.2007. One of

the condition to be complied by the appellant is to submit a

NOC from DPCC within 30 days from the date of issuance

of the letter. The appellant is directed to comply with the

same.

Be listed for further proceedings on 06.03.2020.

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

Appellate Tribunal:MCD 06.01.2020


Sh. Abhar Jain, Ld. Proxy counsel for North DMC.

Status report filed stating that the application for

regularization is pending, copy supplied.

Status report regarding the decision of the same be filed on

next date.

AE(B) to be present on the next date.

To come up for further proceedings on 09.04.2020.




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

Ld. counsel for respondent states that copy of the

application for regularization has not been supplied till date,

same has been supplied today.

To come up for filing of status report and further

proceedings on 14.04.2020.




Ms. Nagina Jain, Ld. counsel for SDMC.

Notice issued to IRP not received back, fresh notice be

issued to IRP through registered post and speed post for

27.04.2020.



A.No. 546/19. 06.01.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

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

Sh. Mohit Verma, Ld. counsel for respondents no.2 to 5.

Ld. counsels for respondents seek time to file reply to the

application moved by the appellant.

Be listed on 29.01.2020 for reply and arguments.



A.No. 442/18. 06.01.2020 Present : Sh. Ravi Kumar, Ld. counsel for appellant.

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

Ld. counsel for respondent states that the appellant has not

supplied the affidavit in terms of order dated 19.07.2018.

However, Ld. counsel for appellant states that the same

was duly supplied. Another set has been supplied today.

To come up for filing of status report, record and for final

arguments on 15.04.2020.

Interim order, if any, to continue till next date



A.No. 460/11. 06.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. counsel for North DMC with Sh. Anil

Kumar, AE(B).

Ld. counsel for respondent seeks more time to file reply to

the objections.

To come up for filing of reply to the objections and final

arguments on 01.04.2020.

Interim order, if any, to continue till next date



A.No. 472/18 and 473/18. 06.01.2020 Present : Ms. Bandana, Ld. counsel for appellant.

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

Status report filed stating that till date no application for

regularization has been received by the respondent, copy

supplied.

At request of Ld. Counsel for appellant, adjourned for final

arguments to 30.04.2020.



A.No. 604/19. 06.01.2020 Present : Sh. Akbar Siddiqui, Ld. counsel for appellant.

Ms. Pratiksha Dobal, Ld. counsel for SDMC.

Status report filed stating that the regularization application

moved by the appellant has been rejected since the

appellant did not comply with the shortcomings

communicated to him, copy supplied.

Ld. counsel for appellant states that no IN was received by

the appellant.

The proof of service of IN has not been placed on record

neither EE(B) is present today despite being directed to do

so.

Show cause notice be issued to EE(B) to be present on the

next date with the record of service of notice of IN.

In case the EE(B) does not appear on the date fixed, the

concerned Dy. Commissioner to appear on the next date.




M.No. 29/19. 06.01.2020 Present : None.




A.No. 702/19. 06.01.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

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

G.S. Brijwasi, AE(B).

1. Vakalatnama filed on behalf of respondent.

Status report filed, copy supplied.

2. This is an appeal against the order of demolition

dated 21.11.2019.

3. Ld. counsel for appellant has pressed the application

for ad-interim stay on the ground that otherwise the appeal

will become infructuous.

4. The submissions made are that the appellant is the

owner of property in question bearing no.5697-A and 5697-

B, First Floor with roof rights, Ward No. XIII, Gandhi Market,

Sadar Bazar, Delhi shown red in the site plan having

purchased the same by virtue of a registered sale deed

dated 27.09.2017. It is further stated that appellant has not

raised any unauthorized construction and has only carried

out minor repairs. It is further stated that the construction in

the property in question exists since prior to 1970. It is also

stated that appellant has not violated any Building Bye Laws

or the provisions of DMC Act. It is further stated that neither

show cause notice was served on the appellant nor an

opportunity of hearing was afforded. It is also stated that no

inspection of spot was carried out prior to passing of the

impugned order.

5. On the other hand, Ld. counsel for respondent has

submitted that as the premises was found locked, service

was effected by pasting and appellant was duly served.

6. It is also submitted that appellant has carried out

unauthorized construction at first floor, second floor and on

30.09.2019 the roof of second floor was demolished. It is

also alleged that no Sanctioned Building Plan was obtained

by appellant before raising construction.

7. I have heard the Ld. counsel for parties and perused

the record, it is to be noted that there are no independent

witnesses to the pasting of notice. Thus, in view of the

submissions made by Ld. counsel for appellant that the

mandatory provisions of the Act and principles of natural

justice have not been complied with, as the show cause

notice was not duly served. The appellant has made out a

case for ad-interim stay. In the above said facts and

circumstances, the respondent is restrained from taking

demolition in the property in question bearing no. 5697-A

and 5697-B, First Floor with roof rights, Ward No. XIII,

Gandhi Market, Sadar Bazar, Delhi pursuant to the

impugned demolition 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.

8. 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.

9. 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.

10. 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.

11. Be listed for final arguments on 28.02.2020.

12. A copy of the order be given Dasti to counsel for

parties, as prayed for.



A.No. 390/11 06.01.2020 Present : Sh. Rohit Goel, Ld. counsel for appellant.

File taken up on an application moved on behalf of the

appellant u/s 151 CPC.

Notice be issued to the respondent for 23.01.2020.



A.No. 711/16 06.01.2020

Present : Ms. Laxmi Singh, Ld. counsel for appellant.

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

1. Ld. counsel for appellant submits that

permission has been accorded for installation of

telecommunication tower in the property in question

bearing Khasra No.460-B/2, Plot No.111/112, Khasra

No636, Gali No.11, Bhola Nath Nagar, Shahdara,

Delhi, vide letter dated 04.12.2018, copy of the same

filed.

2. The present appeal has been filed against th

order of rejection dated 23.06.2016. Ld. counsel for

respondent states that permission has been

accorded for installation of telecommunication pole in

the property in question vide file No. EE(B)-

I/Shah(S)/2018/D-4035 dated 04.12.2018 for a period

of five years from the date of issue of permission

letter dated 04.12.2018 for a period of five years from

the date of issue of permission letter dated

04.12.2018. Ld. counsel for appellant submits that in

view of grant of sanction the impugned rejection

order be set aside as regularization has been

granted.

3. Heard, in view of permission / sanction

granted by respondent the impugned order of

rejection dated 23.06.2016 is set aside, subject to

compliance of the terms and condition of letter dated

04.12.2018.

4. The appellant is directed to abide by all the

terms and conditions of sanction letter, in case of

violation of any condition the respondent is at liberty

to take action as per law against the

telecommunication pole in question. The respondent

is at liberty to take action after the expiry of period of

five years w.e.f. 04.12.2018, in accordance with law.

5. The appeal stands disposed off.

6. 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. 910/18 06.01.2020 Present : None.

Be listed for clarification on 14.01.2020.



M.No. 13/19 06.01.2020 Statement of Sh. Ajay Bansal S/o Sh. Mange Ram Bansal R/o 1/10977,

Gali No.8, Subhash Park, Naveen Shahdara, Delhi110032.

On SA

I wish to withdraw application for restoration of appeal unconditionally.

RO & AC



A.No. 836/18 06.01.2020 Statement of Sh. Ram Gaopal Yadav S/o Sh. Ram Charan Singh Yadav

R/o Plot No.33-34, Gali No.5, Sanik Enclave, Vikas Nagar, Uttam Nagar,

West Delhi-110059

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal unconditionally.

RO & AC



A.No. 836/18 06.01.2020 Present : Appellant with Ld. counsel Sh. M.K. Chaudhary.

Sh. Mohit Sharma, Ld. counsel for MCD.

Ld. counsel for appellant states that appellant wishes to

withdraw the appeal.

Statement of the appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 13.06.2017 stands confirmed. Respondent is at liberty

to take action in the property in question in accordance with

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

respondent alongwith copy of this order.

File be consigned to record room.



M.No. 13/19 06.01.2020 Present : Appellant with Ld. counsel Sh. Birendra Kumar.

Sh. Shashikant Sharma, counsel for EDMC.

Ld. counsel for appellant states that appellant wishes to

withdraw the application for restoration.

Statement of the appellant recorded.

In view of the statement of appellant, the application for

restoration 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.



A.No. 1107/15 06.01.2020 Present : None for the appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

As none has appeared for appellant, be listed for further

proceedings on 24.04.2020.



A.No. 1058/17 06.01.2020 Present : Appellant in person.

Sh. Surender Singh, Ld. counsel for SDMC.

Appellant seeks adjournment as his counsel is ill.

To come up for final arguments on 19.05.2020.



A.No. 253/18 and 162/18 06.01.2020 Present : Sh. S.D. Ansari, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

At request of Ld. counsel for appellant adjourned for filing

brief synopsis and final arguments to 16.04.2020.



A.No. 813/18 06.01.2020 Present : Sh. Gulshan Babbar, Ld. proxy counsel for appellant.


.

Ld. counsel for respondent seeks more time to file the

record.

AE(B) to be present on next date.

To come up for arguments on 31.03.2020.



A.No. 892/18 & 893/18 06.01.2020 Present : Sh. Ashutolsh Gupta, Ld. Counsel for the respondent.

Sh. Sanjay Sharma, Ld. counsel for NDMC with Sh. Ashok

Kumar, Nodal Officer.

Reply filed on behalf of respondent to the application u/s 5

of the Limitation Act moved by the appellant, copy supplied.

To come up for arguments on the application on

17.02.2020.

Interim orders, if any, to continue till next date of hearing.



A.No. 842/18 & 806/18 06.01.2020 Present : Ms. Mehar Nanda, Ld. proxy counsel for appellant.

Sh. V.K. Aggarwal Ld. Counsel for respondent / Sh. Rohit

Ghosh, Ld. proxy counsel for respondent.

Ld. counsel for respondent states that there are deviations

from the sanctioned building plan.

The appellant is directed to place on record the sanctioned

building plan and plan of existing constructions with

measurement.




A.No. 397/16 06.01.2020 Present : Sh. Ankit Kumar, Ld. proxy counsel for appellant.

Ms. Akansha Dhami, Ld. counsel for SDMC.

At request of Ld. proxy counsel for appellant adjourned for

filing of brief synopsis and final arguments on 23.04.2020.



A.No. 897/16 06.01.2020 Present : Ms. Laxmi Singh, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for respondent.

Fresh vakalatnama filed on behalf of the respondent.

Status report filed stating that cell tower has not been

removed/dismantled, copy of the status report supplied.

Ld. counsel for respondent submits that vide order dated

26.09.2018 appellant was directed to dismantle the tower in

question failing which it had to pay cost of Rs.10,000/-.

Appellant is directed to file the receipt of cost within a week,

in the registry.

Ld. Counsel for appellant states that due to dispute between

the appellant and his landlord the tower in question could

not be dismantled, but the matter has now been sorted out

with his landlord. Ld. Counsel for the appellant seek further

three weeks time to dismantle the same. Appellant is

directed to dismantle the same within three weeks. In case it

is not done, appellant will be liable to pay further cost of

Rs. 20,000/-.


A copy of the order be given dasti to ld. counsel for parties,

as prayed for.



A.No. 827/18. 06.01.2020 Present : Appellant in person.


The case taken up today as 03.01.2020 was a holiday.

At request of appellant, adjourned for final arguments to

24.03.2020 as counsel of appellant is unwell.

Interim orders, if any, to continue till next date of hearing



A.No. 1072/15. 06.01.2020 Present : Shri Manish Kumar Choudhary, Ld. Counsel for appellant

Shri Vihay Shukla, Ld. prox6y counsel for the respondent.


At request of Ld. Proxy counsel for respondent adjourned

for final arguments to 20.02.2020.



A.No. 911/18 06.01.2020 Present : None for appellant.

Shri Abhar Jain, Ld. counsel for the respondent.





A.No. 240/14 and 365/15. 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal, Ld. Counsel for respondent.

The case is taken up today as 03.01.2020 was holiday.

To come up for filing of status report on 31.01.2020.



A. No. 916/14 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.



Ld. Counsel for the appellant seeks more time to file

application for reopening of the regularization file

To come up for final arguments on 03.04.2020.



A.No. 161/16. 06.01.2020 Present : Shri Gaurav Jain, Ld. Counsel for the appellant.



Status report filed stating that an application for reopening

of the regularization has been moved, pursuant to which IN

has been issued to the appellant dated 03.01.2020.

Appellant is directed to comply the IN within the time

granted to do so by respondent.

To come up for filing of status report regarding the

regularization application on 03.04.2020.



A.No. 153/18. 06.01.2020 Present : None for appellant.

Shri Ashutosh Gupta, Ld. Counsel for the respondent.


Be listed for final arguments to 20.02.2020.



A.No. 811/17 and 828/17. 06.01.2020 Present : Shri Parikshit Mahipal, Ld. Counsel for the appellant.

Shri Mohit Sharma, Ld. Counsel for the appellant.


At request of Ld. Counsel for the appellant, adjourned for

withdrawal of the appeal on 30.01.2020.



A.No. 379/19. 06.01.2020 Present : Appellant with counsel Shri Praveen Grover.

Sh. V.K. Aggarwal, Ld. proxy Counsel for respondent.

Written submissions filed on behalf of appellant, copy

supplied.

To come up for final arguments to 10.02.2020.





File not yet received from Appellate Court.

Be awaited for 05.05.2020.

(POONAM CHAUDHRY)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

06.01.2020


Sh. H.R. Aggarwal, Ld. Counsel for respondent.

Ld. counsel for the respondent states that construction

mentioned in the affidavit of appellant does not tally with the

construction at site and no explanation/clarification

regarding same has been filed.

To come up for further proceedings on 29.01.2020.



A.No. 218/19. 06.01.2020 Present : Shri Amzad Khan, Ld. Counsel for the appellant.

Ms. Nagina Jain, Ld. counsel for the respondent.

At request of Ld. Counsel for the appellant, adjourned for

final arguments to 04.05.2020 as main counsel is busy in

some other court.





Shri A.L. Agnihotri, Ld. counsel for the respondent.

None has appeared on behalf of the appellant, It is 11.45

AM.

Be listed for further proceedings/final arguments to

28.04.2020.



A.No. 528/16 and 529/16. 06.01.2020 Present : Shri S.D. Ansari, Ld. Counsel for the appellant.

Sh. V.K. Aggarwal,/Sh. Shashikant Sharma, Ld. Counsels

for respondent.

Ld. Counsel for the appellant seeks more time to file brief

synopsis.

At request, adjourned for final arguments to 23.04.2020.




Documents

A.No. 385/17. Present - Municipal Corporation of Delhi