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A.No. 430/19. 13.08.2019 Present : None for appellant. Sh. H.R. Aggarwal, Ld. counsel for North-DMC. Vakalatnama on behalf of respondent filed. Be awaited for 11.30 am. (POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD 13.08.2019

A.No. 430/19. 13.08.2019 Present : None for appellant

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Page 1: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 430/19. 13.08.2019 Present : None for appellant.

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

Vakalatnama on behalf of respondent filed.

Be awaited for 11.30 am.

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

Appellate Tribunal:MCD 13.08.2019

Page 2: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 604/17 and 605/17. 13.08.2019 Present : Sh. Rajat Jain, Ld. Proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC.

Be awaited for appearance of SHO, PS Mandawali with

status report for 12.00 pm.

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

Appellate Tribunal:MCD 13.08.2019

Page 3: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 797/17. 13.08.2019 Present : None for appellant.

Sh. Rajiv Garg, ALO for North-DMC.

Be awaited for 1.00 pm.

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

Appellate Tribunal:MCD 13.08.2019

Page 4: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 860/18, 861/18 and 862/18. 13.08.2019 Present : None for appellant.

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

Be awaited for 1.00 pm.

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

Appellate Tribunal:MCD 13.08.2019

Page 5: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 809/15, 816/15, 560/15, 557/15, 580/15, 236/15, 237/15, 488/15, 928/15, 903/15 and 904/15. 13.08.2019 Present : Sh. Prabhav Ralli, Ld. counsel for appellant in appeal no.

580/15.

Sh. Sanjeev Ralli, Ld. counsel for appellant in appeal no.

903/15 and 904/15.

Sh. Shauray Bal and Sh. Amit Kumar / Ld.Proxy counsels,

Sh. Shashikant Sharma and Sh. V.K. Aggarwal, Ld.

counsels for SDMC.

Sh. Dinesh Malik, Ld. counsel for DSIIDC in appeals no.

560/15, 557/15, 236/15, 237/15, 488/15 and 928/15.

Ld. counsel, Sh. Prabhav Ralli has filed photocopy of order

of Hon’ble High Court passed in writ petition titled Delhi

Factory Owners’ Febration R.C. Gupta & Brothers (HUF),

Seven Seas Hospitality Pvt. Ltd. and Anr., Apex Chamber of

Commerce & Industry of NCT of Delhi and Ansh Hotel &

Resorts Private Limited Vs. SDMC & Ors. It is stated that

the said writ petition is regarding the jurisdiction of MCD in

industrial units and matter is now listed before Hon’ble High

Court on 13.12.2019.

Accordingly, be listed for further proceedings on

19.12.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 6: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 199/2013 and 200/2013. 13.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Shauray Bal, Ld. Proxy counsel for DDA.

Ld. counsel for appellant seeks adjournment as LPA is

pending.

Ld. counsel for appellant seeks time to file order of Hon’ble

High Court passed in LPA.

Be listed now for further proceedings on 16.12.2019.

Interim protection has been granted by the Ld. District &

Sessions Judge vide order dated 23.03.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 7: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 31/18 and 32/18. 13.08.2019 Present : Appellant with Ld. counsel, Sh. Dalip Rastogi.

Sh. Abdul Haq, Nodal Officer from North-DMC.

Status report filed, copy supplied.

To come up for final arguments on 04.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 8: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 1007/16. 13.08.2019 Present : Sh. Hilal Manzoor, Ld. Proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. Proxy counsel for SDMC.

Proxy counsel for respondent seeks time to file reply to the

application u/s. 151 CPC.

Monitoring Committee unserved, be served for next date of

hearing. Process be given dasti, as prayed for.

Be listed for further proceedings on 13.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 9: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 362/19. 13.08.2019 Present : Ms. Babita Singh, Ld. Proxy counsel for appellant.

Sh. S.A. Hussain, Ld. counsel for North-DMC with LI, T.D.

Joshi.

Status report filed stating that in compliance of the

directions of Hon’ble Supreme Court in the Writ Petition(C)

No. 4677/1985 titled M.C. Mehta Vs. UOI & Ors, the

Licensing Department had sealed the property in question

as an impermissible unit (Jeans Pant Stitching Work) which

was found running in the residential / non-confroming area.

It is further stated that the property does not appear in the

list provided by DSIIDC. More time is sought to file further

status report whether the property in question is one of the

industrial units in which Ld. Commissioner has filed affidavit

before Hon’ble Supreme Court in the abovesaid writ

petition.

Proxy counsel for appellant seeks adjournment as main

counsel is not available.

To come up now for further proceedings on 18.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 10: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 416/19. 13.08.2019 Present : Appellant with Ld. counsel, Sh. Rahul Singh.

Sh. Abdul Haq, Nodal Officer from North-DMC.

Time is sought to file status report and record.

To come up for arguments on 11.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 11: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 410/19. 13.08.2019 Present : Appellant with Ld. proxy counsel, Sh. Ravinder Kumar.

Sh. S.A. Hussain, Ld. counsel for respondent with LI, Sh.

T.D. Joshi.

Status report filed stating that the premises in question have

been sealed pursuant to the directions of Hon’ble NGT,

copy supplied.

In view of the status report filed today, be listed for

arguments on the maintainability of the appeal on

23.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 12: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 366/19. 13.08.2019 Present : Sh. Aarush Malhotra, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for respondent no.2 /

North-DMC with AE(B) Sh. Suraj Kumar.

Respondent no.2 in person.

Status report filed, copy supplied.

Respondent no.3 to 5 unserved, be served for next date of

hearing.

Be listed on 01.10.2019 for arguments / further proceedings.

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

Appellate Tribunal:MCD 13.08.2019

Page 13: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 383/19. 13.08.2019 Present : Appellant with Ld. counsel, Sh. Vikas Pathak.

Sh. Dharamvir Gupta, Ld. counsel for MCD with AE(B) Sh.

Suraj Kumar.

Vakalatnama on behalf of respondent filed.

Status report filed stating that the building plan of plot

no.12, Road no.18, East Punjabi Bagh, New Delhi was

sanctioned in the name of Sh. Mahesh Kumar Bansal.

Appeal no. 677/2016 titled Vishnu Kumar Gupta Vs. NDMC

was filed before ATMCD challenging the sanction of the

building plan on the ground that Sh. Mahesh Kumar Bansal

is not the owner of the said property, rather the appellant,

Sh. Vishnu Kumar Gupta, Sh. Janak Kumar Bansal and

Smt. Kusum Bansal are owners of the said property.

Accordingly, show cause notice was issued to Sh. Mahesh

Kumar Bansal. It is stated that the Competent Authority has

revoked the sanction in respect of the property in question.

Copy supplied.

Respondents no. 2 to 5 have not been served, they be

served for next date of hearing.

Be listed for further proceedings on 01.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 14: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 451/19. 13.08.2019 Present : Appellant with Ld. counsel, Sh. Dalip Rastogi.

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

Abdul Haq, Nodal Officer from North DMC.

Memo of appearance filed on behalf of respondent.

This is an appeal against the order of demolition dated

26.11.2018.

Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

It is submitted that the appellant is the absolute owner of

one shop bearing no.1 on the ground floor and another shop

bearing no.1, just above the shop on the ground floor , first

floor of a Commercial Complex, situated in Block-JD,

Vishakha Enclave, Pitampura, Delhi-110034 by virtue of

registered sale deed and conveyance deed dated

04.05.2011 and 04.01.2007 respectively.

It is further stated that on account of some false complaints

filed against the appellant, show cause notice was served

upon him u/s. 343 r/w section 344(1) of the DMC Act. The

appellant had filed the reply alongwith property tax return

forms to show that the property was in existence since long

and protected under the Provision of Delhi Laws Special

Protection Act, 2017 as extended till 2020. It is also stated

that the appellant had also filed the electricity bills of the

property in question showing the energization date as

15.07.1996 and 06.04.1999 respectively.

It is further stated that the appellant was shocked to receive

vacation notice dated 04.01.2019 alongwith demolition order

dated 26.11.2018. It is further stated that appellant had

removed the unauthorized construction. It is further stated

that the impugned order has been passed without

considering the documents submitted by appellant to the

respondent. It is alleged that in the impugned order it has

Page 15: A.No. 430/19. 13.08.2019 Present : None for appellant

been stated that respondent had sent a letter to the House

tax Department for obtaining the accommodation report

upto February, 2007 and also sent a reminder but since no

reply was received, impugned order had been passed.

I have heard and considered the submissions made.

Time is sought to file status report and record.

Keeping in view the property tax return forms for the year

2006-2007, 2008-2009 filed in support of the contentions,

that construction existed prior to the year 2007. In my view,

appellant has made out a case for interim stay. In the said

facts and circumstances respondent is restrained from

taking demolition action in the property in question i.e. shop

no. 01, Ground Floor & First Floor (Duplex), JD Block, DDA

Market, Pitampura, Delhi-110034 in terms of the impugned

order dated 26.11.2018 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 be deemed to be vacated.

Copy of affidavit will be provided to concerned AE(B) by the

appellant, who shall verify whether details of construction

mentioned in the affidavit are 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 the application for condonation of

delay and the appeal on 17.10.2019.

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

parties, as prayed for.

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

Appellate Tribunal:MCD 13.08.2019

Page 16: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 458/19 13.08.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.

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

of demolition dated 29.03.2019 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 and file entire record of the proceedings,

reply and status report of the appeal on date fixed.

Be listed for arguments on the application for stay and

condonation of delay on 20.08.2019.

Process be given dasti, as prayed for.

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

Appellate Tribunal:MCD 13.08.2019

Page 17: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 457/19 13.08.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.

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

of demolition dated 29.03.2019 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 and file entire record of the proceedings,

reply and status report of the appeal on date fixed.

Be listed for arguments on the application for stay and

condonation of delay on 20.08.2019.

Process be given dasti, as prayed for.

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

Appellate Tribunal:MCD 13.08.2019

Page 18: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 461/19 13.08.2019 Present : Sh. Ranbir Singh, Ld. counsel for appellant.

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

of sealing dated 01.02.2019 alongwith application for

condonation of delay and 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 and file entire record of the proceedings,

reply and status report of the appeal on date fixed.

Be listed for arguments on the application for stay and

condonation of delay on 20.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 19: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 931/18 & 944/18 13.08.2019 Present : Sh. G.R. Verma, Ld. Counsel for appellant.

Sh. Shashikant Sharma / Ms. Anubha Kaushal counsel for

SDMC.

Ld. Co9unsel for respondent seeks more time to file the

status report regarding regularization application.

AE(B) to be present on Next date of hearing with the status

report.

Be listed on 10.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 20: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 233/19 13.08.2019 Present : Sh. Satinder Chahar, Ld. Counsel for the appellant.

Sh. Pritesh Sabharwal, Ld. Counsel for the respondent.

More time is sought to file the status report. Record be

deposited with the Registry.

AE(B) to be present on next date with status report.

In the meantime the interim stay granted to the appellant by

the Hon’ble High Court is extended till Next date of hearing.

To come up for arguments on the application for stay o n

15.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 21: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 347/19 13.08.2019 Present : Sh. R.K. Thakur, Ld. Proxy Counsel for the appellant.

Ms. Shatakshi Verma, Ld. Counsel for EDMC.

Ms. Nisha Bhatia, Ld. Counsel for applicant.

An application moved on behalf of the applicant for

interventuion. Copy be supplied to the Ld. Counsel for

appellant and respondent.

Status report filed stating that Hon’ble High Court in Writ

Petition (C) No.1748/2019 titled S.M. Zulfiqar Alam Vs Dr.

Dilraj Kaur & Ors directed EDMC to inspect the property in

question bearing No.E-82, Gali No.4, Chand Bagh, Delhi

and take action in respect of any unauthorized construction

found therein.

It is also stated that pursuant to the directions of the Hon’ble

High Court the property in question was inspected and it

was found that the property was already booked on

28.01.2016 for unauthorized construction in the shape of

ground floor, first floor, second floor, third floor with

projection on municipal land. Thereafter part demolition had

been done on 06.04.2016.

The property in question was again booked on 08.04.2019

regarding unauthorized construction in the shape of ground

floor, first floor, second floor, third floor and fourth floor with

projection on municipal land.

Copy of status report supplied.

To come up for arguments on the application for interim stay

and condonation of delay and the application of intervener

on 23.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 22: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 1040/15 & 1041/15 13.08.2019 Present : Appellant with Ld. Counsel Sh. Sidharth Arora.

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

Inadvertently it has been recorded on the previous date that

interim order to continue, whereas there is no interim order

passed in this appeal.

At joint request adjourned to 22.11.2019 for filing of brief

synopsis and final arguments.

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

Appellate Tribunal:MCD 13.08.2019

Page 23: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 338/19, 119/19 & 71/19 13.08.2019 Present : Sh. Alok Singh, Ld. Counsel for appellant.

Sh. V.K. Aggarwal / Sh. Nitish Kumar Singh Ld. Counsel for

SDMC.

At request of Ld. Counsel for appellant, adjourned to

07.11.2019 for final arguments.

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

Appellate Tribunal:MCD 13.08.2019

Page 24: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 436/19 13.08.2019 Present : Sh. S.B. Pandey, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Photocopies of documents filed on behalf of the appellant,

copy supplied.

Ld. Counsel for respondent seeks time to file status report

as to whether provisions of NCT of Delhi National Capital

Territory of Delhi Laws (Special Provision) Act are

application in the present case.

To come up for arguments on the application for stay and

condonation of delay on 27.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 25: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 384/15 13.08.2019 Present : Ms. Laxmi Singh, Ld. Proxy counsel for appellant.

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

An application moved on behalf of the appellant under

Order XXII Rule 10 CPC for substitution of M/s. ATC

Telecom Infrastructure Pvt. Ltd. in place of the appellant as

during the pendency of the appeal the appellant has

transferred its mobile towers business to M/s ATC Telecom

Infrastructure Pvt. Ltd.

Ld. Proxy counsel for respondent does not oppose the said

application, the same is allowed. Amended memo of parties

be filed.

Ld. Counsel for appellant states that appellant has moved

an application for regularization. Status report regarding the

same be filed.

Be listed for filing the status report on 17.12.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 26: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 756/17 13.08.2019 Present : Ms. Laxmi Singh, Ld. Proxy counsel for appellant.

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

More time is sought by Ld. Counsel for appellant to comply

with the order dated 07.02.2019.

Last opportunity is granted.

Be listed for further proceedings on 23.12.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 27: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 276/17 13.08.2019 Present : Appellant with Ld. Counsel Sh. Karanjit Singh.

Sh. Shashikant Sharma, counsel for EDMC for respondent

No.1.

Sh. Vijayh Shukla, proxy counsel for respondent No.2.

Rejoinder filed to the appeal and application under Section

5 and 14 of Limited Act, copy supplied.

One copy of the rejoinder be kept on record to be supplied

to the respondent No.2.

To come up for final arguments on 20.11.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 28: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 411/19 & 412/19 13.08.2019 Present : Dalip Rastogi, Ld. Counsel for appellant.

S. Adil Hussain, Ld. Proxy counsel for respondent.

Fresh Vakalatnama filed on behalf of the respondent.

Copy of the application for early hearing supplied to Ld.

Proxy counsel for respondent.

Be listed for reply and arguments on the application

28.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 29: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 242/19 13.08.2019 Present : Dalip Rastogi, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Ld. Counsel for respondent states that he has not received

the copy of the application moved by the appellant for

carrying out repairs, the same be supplied.

To come up for reply, if any and arguments on 28.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 30: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 1152/15 & 1153/15 13.08.2019 Present : Appellant in person.

Sh. Dharamvir Gupta, Ld. Counsel for respondent with Sh.

S.K. Singhal, AE(B).

Ld. Counsel for respondent seeks time to file further status

report as to whether complete demolition action has been

taken by the MCD pursuant to the impugned demolition

order.

Appellant is directed to file the order passed by the Hon’ble

High Court wherein respondent has submitted that

demolition action has been completed.

Be listed for further proceedings on 03.10.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 31: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 797/17. 13.08.2019 Present : None for appellant.

Shri Rajiv Garg, ALO.

Be awaited at 1.00 PM.

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

Appellate Tribunal:MCD 13.08.2019

1.15 PM 13.08.2019.

None for appellant.

Shri Rajiv Garg, ALO.

None has appeared on behalf of the appellant even on

second call. It is 1.15 p.m, The appeal accordingly stands

dismissed in default and for non-prosecution. Resultantly,

the impugned order stands confirmed. AE (B) concerned

is directed to submit the action taken report 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 13.08.2019

Page 32: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 860/18, 861/18 & 862/18 13.08.2019 Present : None for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Sh. Rajiv Garg, ALO

Be awaited for 1.00 PM.

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

Appellate Tribunal:MCD 13.08.2019

1.20 PM 13.08.2019.

None for appellant.

Shri Rajiv Garg, ALO.

None has appeared on behalf of the appellant even on

second call. It is 1.20 p.m, The appeals accordingly stand

dismissed in default and for non-prosecution. Resultantly,

the impugned order stands confirmed. AE (B) concerned is

directed to submit the action taken report 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.

[Files be consigned to record room.

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

Appellate Tribunal:MCD 13.08.2019

Page 33: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 182/19. 13.08.2019 Present : Shri Rahul Sharma, Ld. counsel for appellant.

Shri Syed Addi Hussain, Ld. counsel for respondent.

An application has been moved under order VI Rule 17

CPC by appellant. Copy supplied.

Ld. Counsel for appellant states that the copy of the

impugned order has not been supplied to him. Respondent

is directed to supply the same.

To come up for reply and arguments on the application on

23.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 34: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 458/18, 459/18, 460/18 & 461/18 13.08.2019 Present : Shri Himanshu Gupta, Ld. counsel for appellant .

File taken up on application moved under section 151 CPC

for return of the original documents of the property in

question. It is stated that the appeal has been dismissed as

withdrawn under order. It is further stated that appellant had

filed the original documents during the pendency of the

appeal which may be returned to the appellant.

Heard.

Application is allowed. The original documents be returned

to the appellant subject to taking on record certified copies

thereof on furnishing proof of identify and on proper receipt

by appellant.

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

Appellate Tribunal:MCD 13.08.2019

Page 35: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 34/19. 13.08.2019 Present : None for appellant.

Shri Nazir Ali, Proxy counsel for respondent.

Be awaited at 1.00 PM.

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

Appellate Tribunal:MCD 13.08.2019

1.00 PM Present None for appellant.

Shri Nazir Ali, Proxy counsel for respondent.

As none has appeared for appellant, the appeal stands

dismissed in default and for non prosecution. Resultantly

the impugned order dated 19.04.2018 stands confirmed.

AE(B) concerned is directed to submit the action taken

report to the Dy. Commissioner concerned. A copy of the

order be sent to Dy. Commissioner concerned to 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 13.08.2019

Page 36: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 437/13. 13.08.2019 Present : Shri Satpal Sharma,/Shri V.M. Bhardwaj, Ld. counsels for

appellant.

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

Ld. counsel for appellant submits that the property of C.G.

Khanna and Shri Sanjay Kalra in Appeal No. 217/13 and

685/13 were desealed by this Tribunal vide orders dated

29.09.2016.Ld. counsel for appellant states that he is

claiming parity on the basis of the order passed in the said

appeals. Vide orders dated 05.02.2018 respondent was

directed to file status report whether the rectification had

been done by the appellant and whether the portions of Shri

C.G. Khanna and Shri Sanjay Kalra had been desealed by

this Tribunal vide orders passed in Appeal No. 217/13 on

15.03.2017 and Appeal No. 685/13 dated 29.09.2016.

Ld. counsel for respondent states that the orders of the

tribunal passed in Appeal No. 217/13 and 685/13 had been

challenged in the Hon’ble High Court.

Ld. counsel for appellant seeks time to file brief synopsis.

AE(B) to be present on next date of hearing.

Be listed for further proceedings on 13.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 37: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 272/12. 13.08.2019 Present : Appellant with Ld. counsel Shri S.Jain.

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

Ms. Vinnie,Ld. proxy counsel for Monitoring Committee.

At request of Ld. Proxy counsel for appellant, adjourned for

final arguments to 13.12.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 38: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 431/18 13.08.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

AE(B) concerned to be present on next date of hearing and

to file the affidavit in compliance of orders dated

16.11.2018.

At joint request, be listed for final arguments on 05.12.2018.

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

Appellate Tribunal:MCD 13.08.2019

Page 39: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 432/18 13.08.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

AE(B) concerned to be present on next date of hearing and

to file the affidavit in compliance of orders dated

16.11.2018.

At joint request, be listed for final arguments on 05.12.2018.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 13.08.2019

Page 40: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 1097/13 13.08.2019 Present : None for appellant.

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

None has appeared on behalf of the appellant.

Ld. counsel for respondent submits that misuse charges

have been deposited by the appellant.

Be listed for further proceedings/final arguments on

19.12.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 41: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 978/14. 13.08.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Shri Rajiv Garg, ALO.

Ld. counsel for parties seeks time to file brief synopsis.

Be listed for final arguments on 04.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 13.08.2019

Page 42: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 788/18. 13.08.2019 Present : ShriDalip Rustogi, Ld. counsel for appellant .

Shri Addi. Hussain, Ld. proxy counsel for respondent.

Ld. counsel for appellant states that he has not received the

copy of the status report filed on the previous date. The

same be supplied.

Be listed for final arguments on 03.12.2019.

Interim order to continue till next date.

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

Appellate Tribunal:MCD 13.08.2019

Page 43: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 615/18,866/17 and 222/17. 13.08.2019 Present : ShriDalip Rustogi, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

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

Ld. counsel for appellant seeks time to file brief synopsis.

To come up for final arguments on 02.12.2019.

Interim order to continue till next date in appeal No.866/17

and 222/17..

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

Appellate Tribunal:MCD 13.08.2019

Page 44: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 879/17. 13.08.2019 Present : Appellant with Ld. counsel Sh. Vijay Gupta.

Sh. H.R. Aggarwal,Ld. counsel for MCD.

Shri Ajay Behl for applicant.

ShriJ.B. Meena, AE(B)

Arguments heard on the application under order 1 Rule 10

CPC.

Ld. counsel for appellant has supplied copy of the

application for regularization which has been moved on

12.10.2017, status report regarding the same be filed on

next date of hearing.

be listed for orders on application and filing of status report

on 27.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 45: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 183/17and 195/17. 13.08.2019 Present : Appellant with Ld .proxy counsel Shri Fahiz Imtiyaz.

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

Shri Gian Chand, Ld. counsel for respondent.

Ms.Sweta, for respondent No. 2.

Be listed for final arguments with the connected appeal on

20.08.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 46: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 430/19. 13.08.2019 Present : Shri Siddarth Raj, Ld. counsel for appellant .

Sh. H.R. Aggarwal,Ld. counsel for MCD.

Shri S.K. Singhal, AE(B) .

Time is sought tofile the status report and record.

To come up for arguments on the application of stay and

condonation of delay on 11.09.2019.

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

Appellate Tribunal:MCD 13.08.2019

Page 47: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 445/19 and 447/19. 13.08.2019 Present : Shri Shekher Nanawati, Ld. counsel for appellant .

Sh. Mohit Sharma, Ld. counsel for respondent .

Shri A. Mustafa, AE(B)

Memo of appearance filed on behalf of the appellant.

Time is sought to file status report.

The record be deposited with the Registry.

To come up for arguments on the application for stay on

16.09.2019. Interim stay granted to the appellant by the

Hon’ble High Court is extended till next date of hearing.

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

Appellate Tribunal:MCD 13.08.2019

Page 48: A.No. 430/19. 13.08.2019 Present : None for appellant

A.No. 604/17 and 605/17. 13.08.2019 Present : Shri Rajat Jain, Ld. counsel for appellant .

Sh. Shashikant Sharma, Ld. counsel for MCD.

None for SHO P.S. Mandawali.

Be listed at 1.00 PM.

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

Appellate Tribunal:MCD 13.08.2019

13.08.2019. 1.00 PM

Shri Rajat Jain, Ld. counsel for appellant .

Sh. Shashikant Sharma, Ld. counsel for MCD.

None for SHO P.S. Mandawali.

Fresh notice be issued to SHO Mandawali to file status

report regarding the FIR registered in respect of the

property in question No. C-112, Flat No.13, IIIrd floor

Pandev Nagar and the action taken thereon.

To come up for further proceedings on 12.09.2019.

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

Appellate Tribunal:MCD 13.08.2019