A.No. 57/18 Status report filed stating that property was ...mcdonline.gov.in/at/dailyordersnew/472_03.01.2019.pdfactivities in the name and style of M/s Mehra Metal Works which was

A.No. 57/18 03.01.2019

Present : Sh. Lakshya, proxy counsel for Sh. Praveen

Suri, counsel for appellant.

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

alongwith Sh. Srikant, AE(B).

Status report filed stating that property was booked

on 01.11.2017 under section 343/344 of DMC Act for

unauthorized construction in the shape of ground floor,

newly constructed. After issuance of sealing show cause

notice, the property was sealed on 02.01.2018 at three

points at ground floor.

During the inspection on 21.12.2018, the seal affixed

by the SDMC were found tempered / broken for which FIR

was registered and resealing of the property has been fixed

for 03.01.2019.

No steps has been taken by the appellant against the

demolition order in compliance of which the property has

been sealed and only a single order has been challenged in

the present appeal.

Put up this matter for filing of status report / action

taken report by the respondent and further proceedings /

final arguments on 27.02.2019.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 03.01.2019

A.No. 732/17 & 917/17 03.01.2019

Present : Sh. Nirmal Tiwari, proxy counsel for appellant.

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

Sh. Raj Bhushan, JLO from EDMC.

Application for amendment under Order VI Rule XVII

CPC has been moved by appellant. Copy supplied.

Adjournment sought to file reply to the said

application.

Put up this matter for filing reply by the respondent

and arguments on the said application on 19.02.2019.



A.No. 170/17 03.01.2019

Present : Sh. Shashi Shanker, counsel for appellant.

Sh. Raj Bhushan, JLO from EDMC.

Sh. Nitin Soam, counsel for EDMC is not present and

stated to be busy in other court.

On 17.10.2017, the appellant was given liberty to

deposit the misuse / conversion charges or file objections, if

any to the status report of the respondent. further status

report was filed on 22.01.2018 stating that measurements of

the property were taken on 08.05.2017 and appellant was

informed regarding the charges payable to the EDMC as

conversion / parking charges to the tune of Rs. 17,85,840/-.

Adjournment sought by counsel for appellant to file

objections, if any, to the said status report or to comply the

same.

Last and final opportunity is granted for filing

objections, if any, by the appellant and final arguments on

28.03.2019.


compliance.



A.No. 434/18 03.01.2019

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

Sh. Shashikant Sharma, counsel for MCD.

Status report filed stating that demolition action took

place on 15.05.2018. No further demolition action has been

taken in compliance of order dated 29.10.2018.

Ld. counsel for appellant stated that the appellant

has already challenged the rejection order by filing appeal

no. 931/18 which will be come up for hearing on

10.01.2019.

Put up this matter alongwith appeal no. 931/18 on

10.01.2019 for final arguments.



A.No. 875/17 03.01.2019

Present : Sh. Gaurav Jain, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

It is stated that LPA No. 572/11 is still pending before

Hon‟ble High Court and now listed for 07.02.2019.

Adjournment sought to take necessary steps after the

said date.

Put up this matter for further proceedings on

02.04.2019.



A.No. 777/17 03.01.2019

Present : None for appellant.

Sh. Raj Bhushan, JLO from EDMC alongwith

Sh. Laxman Singh, S.V.I.

Status report filed by SVI which is signed by Sh.

Agam Kumar, Assistant Director (Vigilance) EDMC stating

that letters were issued to the Zonal Head for his comments

on the explanations of JEs / AEs / EEs and the same is still

awaited.

Concerned Dy. Commissioner is directed to file

action taken report against the erring officials as well as

action taken report under the demolition order under his

own hand and signature.

Chief Vigilance Officer is directed to file status report

under his own hand and signature regarding action taken

report against the erring officials.

Put up this matter for filing status report by the

respondent on 22.04.2019.


compliance.



A.No. 488/18 03.01.2019

Present : None.

Fresh appeal has been filed against the sealing order

dated 04.05.2018 passed under section 250 of NDMC Act

1994.

Let the notice of the appeal and application be issued

to the respondent through concerned Chairperson. AE is

directed to appear in person and file entire record of the

proceedings, reply and status report of the appeal on the

date fixed.

Put up this matter on 23.04.2019.



M.No. 588/16 03.01.2019


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

Status report filed stating that action could not be

taken on 29.11.2018. Further action is stated to be planned

for 23.01.2019 with police force.

Put up this matter for filing action taken report by the

respondent under the hand and signature of Dy.

Commissioner concerned on 22.04.2019.

Copy of order be given Dasti for compliance.



M.No. 19/18 03.01.2019


Sh. Raj Bhushan, JLO from EDMC alongwith

Sh. Indervir Singh, AE(B).

The appeal has already been dismissed in default.

AE(B) is present and file status report under the hand

and signature of Dy. Commissioner, Shahdara (South)

Zone, EDMC stating that the property was booked for

unauthorized construction on 22.11.2017. Demolition order

was passed on 12.02.2018.

Demolition action was fixed for 24.12.2018 wherein

two tin shed roof and one portion of T-iron stone slab roof at

first floor. The further action would be taken in due course

of time.

Concerned Dy. Commissioner is directed to file

status report alongwith action taken report on 02.04.2019.




A.No. 783/14 03.01.2019

Present : Sh. Charitarth Bharti, counsel for appellant

alongwith appellant.

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

Sh. Ravinder, AE(B).

Appellant states that he wants to move fresh

application for regularization of construction and meeting

with concerned AE(B) within four weeks.

Respondent shall decide the said application /

representation and file the status report on 10.04.2019.


compliance.



M.No. 216/18 03.01.2019


Sh. Ashwani Gautam, proxy counsel for MCD

alongwith Ms. Renu Soni, Nodal Officer for

SDMC.

Costs of Rs. 20,000/- imposed on 31.07.2018 not

deposited.

Adjournment sought to deposit the same and file

fresh speaking order.

Concerned AE(B) is directed to remain present.

Put up this matter for that purpose on 02.04.2019.




A.No. 676/18 & 574/18 03.01.2019

Present : Sh. Gagandeep Panwar, counsel for

appellant.

Sh. Shashikant Sharma / Sh. Mohit Sharma,

counsel for MCD alongwith Sh. Ankit Pandey,

AE(B).

Status report filed today and on 27.11.2018 in

compliance of order dated 22.10.2018 but the respondent

has not touched the points wherein they were directed to

clarify whether the property is having any protection under

special laws as is being claimed by the appellant.

Ld. counsel for respondent seeks adjournment to call

the AE(B) alongwith said status report.

Put up this matter for filing said status report by the

respondent and final arguments on 20.02.2019.


compliance.



A.No. 870/17 03.01.2019

Present : Sh. Himanshu Bhardwaj, proxy counsel for

appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. Vinay Kumar, L.I.

L.I. Sh. Vinay Kumar is present and states that at the

time of sealing of the property, the appellant was in the

possession of the same.

Ld. counsel for appellant stated that the appellant

has already deposited the misuse charges / penalty and use

the premises as per MPD-2021.

Ld. counsel for respondent is directed to file the

status report in compliance of order dated 01.11.2017

wherein respondent was directed to file status report

whether the order has been passed qua the portion of the

appellant or qua the portion of Ashok Kumar.

Put up this matter for filing of status report by the

respondent and final arguments on 31.01.2019.


compliance.



A.No. 404/18 03.01.2019

Present : Sh. Pawan Kumar, counsel for appellant.

Ms. Sarita Gaur, ALO for North DMC.

Counsel for respondent is not present as submitted

by ALO.

Status report was filed on 30.11.2018. Copy was

already supplied. As per the status report, owner / occupier

of the property was running trade / factory / industrial

activities in the name and style of M/s Mehra Metal Works

which was not permissible in the residential area.

The property was sealed on 16.08.2017 and there is

a delay in filing the appeal which has been filed in March,

2018.

Respondent is directed to calculate the misuse

charges / penalty, if any, and further clarify whether the

property falls in unauthorized colony, unauthorized

regularized colony or village abadi and for what purpose the

property can be used.

For the purpose of inspection / measurement, the

property be temporarily desealed by the respondent on

23.01.2019 at 11.00 am and thereafter the same be

resealed at 04.00 pm.


respondent and arguments on 07.03.2019.


compliance.



A.No. 390/11 03.01.2019

Present : Sh. Rohit Goel, counsel for appellant.

Sh. Harbans Kaushal, counsel for MCD.

Status report filed stating that no application in

compliance of order dated 01.11.2018 has been filed by the

appellant.

Ld. counsel for appellant states that the application

could not be file within a week and an application for

seeking extension of time was filed on 26.11.2018.

It is stated that the application in compliance of the

order dated 01.11.2018 will be moved within ten days.

Let the said application be filed accordingly.

For the purpose of facilitating the appellant to

demolish the structure, the property may be desealed as per

the order dated 01.11.2018 by the competent authority.




compliance.



A.No. 846/18 03.01.2019

Present : Sh. Avneesh Garg, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

Status report not filed. Record not produced despite

service of notice.

Nodal Officer states that as per the information, the

matter has to be taken on 30.01.2019.

Let the status report be filed. Concerned AE(B) is

directed to appear in person alongwith record on

30.01.2019.



M.No. 790/14 03.01.2019


Sh. Sanjay Gupta, ALO for MCD.

The Order dated 21.05.2018 not complied.

Adjournment sought to comply the said order failing

which concerned Dy. Commissioner will appear in person

on 02.04.2019.




A.No. 559/13, 555/13, 556/13, 557/13, 558/13, 563/13, 565/13, 566/13,

570/13 to 572/13, 586/13 to 589/13, 602/13 to 608/13, 611/13 to

613/13, 619/13, 645/13, 596/13, 518/13, 581/13 & 582/13

03.01.2019

Present : Sh. J.K. Srivastava / Sh. Prateek Kumar,

counsel for appellant.

Appellant in person in appeal no. 559/13 &

556/13.

Sh. A.L. Agnihotri / Sh. V.K. Aggarwal / Sh.

Dharamvir Gupta / Sh. Shashikant Sharma,

counsel for MCD.

Status report in compliance of order dated

29.01.2018 is not filed for the last one year.

Ld. counsel for respondent seeks three weeks time to

comply the directions.

In case the status report not filed within the said

period, concerned Dy. Commissioner is directed to appear

in person for explanation for not filing the status report for

the last one year.

For the purpose of calculation of misuse charges /

penalty, if any, the property be temporarily desealed by the

respondent on 21.01.2019 at 11.00 am and thereafter the

same be resealed at 04.00 pm.

Put up this matter for filing status report by the



compliance.

Original order be placed in appeal no. 559/13 and

attested copy of order be placed in other appeals mentioned

above.



A.No. 650/18 03.01.2019

Present : Sh. Gundeep Singh, proxy counsel for

appellant.


Adjournment sought as mother of counsel for

appellant is hospitalized.

Both parties are directed to file written brief

submissions by next date of hearing.

Put up this matter for final arguments on 19.03.2019.

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



A.No. 716/18 03.01.2019

Present : Sh. Ashish Kumar, counsel for appellant.


Memo of appearance on behalf of respondent filed.

Status report not filed. Record also not produced.

Concerned AE(B) is directed to appear in person

alongwith status report and record on 09.01.2019.

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

as prayed.



A.No. 920/18 03.01.2019

Present : Sh. R. Ramchandran, counsel for appellant.

Sh. Sanjay Sethi, counsel for respondent

alongwith Sh. V.K. Bansal, AE(B).

Status report filed stating that as per record

unauthorized construction in the shape of deviation/ excess

coverage against Sanctioned Building Plan at first floor in

the property including projection on municipal land was

booked u/s 343 & 344 of the DMC Act vide file

No.244/UC/C-52/B-II/RZ/2016 dated 19.12.2016. Show

cause notice dated 19.12.2016 was issued to the appellant.

The competent authority after following the due process of

law passed order dated 19.03.2017 u/s 343 (1) of the DMC

Act holding that the unauthorized construction as booked is

entitled to protection under the provisions of NCT of Delhi

Laws (Special provisions) Second Act 2011 as amended in

2014 upto 31.12.2017.

However, one Ms. Nivedita Srivastava filed grievance

before PGC. Vide order dated 07.07.2017 sought

revocation of the order dated 09.03.2017 as well demolition

action of the unauthorized construction existing in the

property in question. Accordingly the matter was placed

before the competent authority for revocation of orders

dated 09.03.2017 passed by the then AE(B)-II/RZ. The

competent authority vide order dated 04.04.2018 approved

the proposal for revocation of the said order for taking action

as per directions of the PGC. Office order dated 24.07.2018

was issued to the effect that impugned speaking order

dated 09.03.2017 has been revoked and further action after

revocation shall follow as per the provisions of law.

Demolition action was taken by the department on

16.11.2018 wherein front balcony of the said flat was

demolished. The balcony in the back side of the said flat

was partly demolished but during demolition action the

cracks appeared in the side walls of the said flat which

created danger and hence further action was not taken.

A.No. 920/18 -2-

Concerned AE(B) states that revocation order is

perfectly justified because this is a case of encroachment on

government land.

AE(B) is directed to give detail report regarding the

similar properties where there are alleged encroachment on

public land within his jurisdiction or to certify that there is no

encroachment on the public land within his jurisdiction. The

said certification should be approved by the Commissioner

North DMC and concerned AE(B) is further to clarify what

action he has taken on the similar properties on the public

land, if not taken, the reasons for the in action on his part.

Adjournment sought by the counsel for respondent to

file the detailed reply to the averments in the appeal.

The concerned AE(B) states that they are ready to

take demolition action despite cracks in the walls in the flat

as alleged in the status report.

The counsel for appellant submits that the

complainant in this case has also similarly raised the

construction as has been raised in the flat of the appellant

but no action has been taken by the respondent MCD

against the complainant, but appellant has not make any

complaint in writing. Appellant is directed to file complaint in

writing, if their allegation are true, otherwise to withdraw his

submissions made at bar.

Put up for filing the status report whether the further

demolition action can be taken in the property without

causing any danger to the safety and security of the

habitant / people living nearby till next date of hearing.

In view of the status report showing cracks in the

building, till next date of hearing and further status report as

directed is filed, no demolition action be taken in the

property of the appellant bearing flat No.108 (first floor),

Pocket-H-18, Sector-7, Rohini, Delhi.

A.No. 920/18 -3-

However, this order is subject to any order passed by

the Hon‟ble Supreme Court / Hon‟ble High Court / Hon‟ble

NGT about sealing and demolition in respect of the property

in question.

Appellant is directed to file affidavit giving details of

construction with measurements of the existing construction

alongwith existing site plan and photographs of the property

in question within five working days, failing which stay order

granted shall deemed to be vacated.

Copy of the affidavit will be provided to concerned

AE(B) by the appellant, who shall verify whether details of

construction mentioned in the affidavit is correct or not.

Appellant is also directed not to carry out any

addition, alteration, repair or construction and shall also not

create any third party interest in the property in question.

Put up this matter for filing of status report, record by

the respondent on 12.02.2019.

Copy of the order be given Dasti to counsel for

appellant, as prayed.



A.No. 978/13 & 1094/13 03.01.2019

Present : Sh. K.L. Singhla, counsel for appellant.

Sh. Sanjay Sethi, counsel for respondent in

appeal No.1094/14 & Sh. Vijay Shukla, proxy

counsel for Sh. Naveen Grover, counsel for

MCD in appeal No.978/13.

File taken up today as 02.01.2019 was declared local

holiday.

Adjournment sought to produce the documents of

ownership.

Put up on 27.05.2019 for further proceedings and

arguments.



A.No. 294/18 03.01.2019

Present : None for the appellant.

Sh. Sanjay Sethi, counsel for respondent.


holiday.

Status report was already filed on 10.08.2018.

Original record also produced.

Put up for final arguments on 29.04.2019.



A.No. 689/18 03.01.2019

Present : Appellant in person.

Ms. Beena Sharma, counsel for respondent

alongwith Sh. S.P. Garg, AE(B).

Vakalatnama on behalf of respondent filed.


holiday.

Advocate for the appellant is not present.

Put up again.



A.No. 27/15 03.01.2019

Present : Sh. Faizal M. Aboobacker, counsel for

appellant.

Sh. Anupam Sharma, counsel for DDA.


holiday.

Adjournment sought by counsel for appellant stating

that they approached the DDA for settlement.

Put up for filing status report, if any, regarding

decision on the representation of the appellant, if any and




A.No. 204/16 03.01.2019

Present : Sh. Manoj Kumar, counsel for appellant.



holiday.

Adjournment sought to file written arguments.

The same be filed within a period of one month.




A.No. 123/14 03.01.2019

Present : Sh. Dhruv Rajput, proxy counsel for Sh. O.P.

Verma, counsel for appellant.



holiday.

Adjournment sought for final arguments,

Put up on 28.05.2019 for final arguments.

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



A.No. 854/17 03.01.2019


Sh. C.P. Sharma, AE(B).


holiday.

Both the counsel are not present.

Put up for filing objection, if any to the status report

and final arguments on 27.05.2019.



A.No. 982/15, 983/15 & 984/15 03.01.2019


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

Sandeep Gupta, counsel for MCD in appeal

No.982/15.

Sh. Vijay Shukla, proxy counsel for Sh.

Naveen Grover, counsel for MCD in appeal

No.983/15 & 984/15.


holiday.

Appellant perhaps has not deposited the cost of

Rs.10,000/- imposed on 13.11.2017.

Put up for that purpose and final arguments on

31.05.2019. Last opportunity.



A.No. 663/13 03.01.2019


Ms. Diya Gupta, proxy counsel for Sh. Naveen

Grover, counsel for MCD.


holiday.

It is stated that RCA is pending before Ld. District &

Session Judge (West) and listed on 23.01.2019.

Put up this matter for awaiting orders and original file

on 01.05.2019.



A.No. 1094/16 03.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.


Copy of the order dated 14.11.2018 passed by the

Ld. District & Session Judge East in MCD Appeal No.2/18,

S. Ajit Pal Singh Vs. EDMC has been received wherein ld.

Ld. District & Session Judge held as under:

“In my considered opinion, this relief

will not cause any prejudice to any of the

parties and thus, it is hereby directed that

Appellate Tribunal, MCD shall not ask for

any status report qua the demolition till the

disposal of the said appeal on merits and

so far as sealing is concerned, the status

quo be maintained.”

Part arguments heard.

Both the parties are directed to written brief submissions

within two weeks.




A.No. 891/17, 988/17 & 473/17 03.01.2019

Present : Sh. Iftikhar Hasan, father of the appellant in

appeal No.473/117 & 891/17.

Sh. Depak Kumar Jena, counsel for appellant

in appeal No.988/17.

Sh. Shashikant Sharma, counsel for MCD in

appeal No.891/17.

Sh. Dharamvir Gupta, counsel for MCD in

appeal No.988/17.

Sh. Deepak Kr. Jena and Sh. J. Dass, counsel

for applicant in appeal No. 473/117 & 891/17.

Appeal No.891/17 has been filed against the

demolition order dated 07.10.2016 whereas appeal

No.988/17 and 473/17 are against the sealing order dated

20.03.2017 (relief claimed against order dated 19.05.2017).

Application under order 1 Rule 10 CPC has been

filed in appeal No. 473/117 & 891/17.

Put up for arguments on the said application on

12.03.2019.



A.No. 53/17, 987/17 03.01.2019


appeal No.53/17.

Sh. Depak Kumar Jena, counsel for appellant

in appeal No.987/17.

Sh. Dharamvir Gupta, counsel for MCD in

appeal No.987/17

Sh. A.L. Agnihotri, counsel for respondent in

appeal No.53/17.


for applicant in appeal No. 53/17.

Appeal No.53/17 and 987/17 has been filed against

the sealing order dated 21.12.2016.


filed in appeal No. 53/17.


12.03.2019.



A.No. 795/17 03.01.2019


appeal No.53/17.

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


for applicant in appeal No. 53/17.

Present appeal has been filed against the demolition

order dated 02.12.2017.


filed.

Written submissions on behalf of the respondent

filed.


12.03.2019.



A.No. 482/18, 483/18 & 484/18 03.01.2019

Present : Sh. Ajay Tyagi, counsel for appellant.

File taken up today on the application moved for

early hearing.

Notice of the application be issued to the respondent

for 28.01.2019. Notice be issued dasti.



A.No. 943/18 03.01.2019

Present : Sh. Yogesh Kashyap, counsel for appellant.

This is an appeal against demolition order dated

05.12.2018. Application seeking condonation of delay not

filed.

On filing of the application seeking condonation of

delay, issue notice of the appeal and application 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 15.01.2019. Notice be given

Dasti, as prayed.



A.No. 940/18 03.01.2019

Present : Sh. Nishant Shaiva, counsel for appellant.

This is an appeal against sealing order dated

30.05.2018. Application seeking condonation of delay has

been filed.

Issue notice of the appeal and application 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.



A.No. 689/18 03.01.2019

Present : Sh. B.R. Sharma, counsel for appellant.

Ms. Bina Sharma, counsel for respondent

alongwith Sh. Srikant, AE(B).

Fresh Vakalatnama on behalf of the appellant filed.

Adjournment sought to clarify regarding filing of the

appeal against the demolition order subsequent to which

property has been sealed and the present appeal has been

filed.

Status report filed stating that measurement has

been taken from the outside of the property as the property

was lying locked and it is stated that appellant be directed to

remain present at the time of inspection.

Let a joint inspection be carried out on 29.01.2019 at

11.00 a.m. The appellant will remain present at the site at

the time of inspection.

Put up for filing status report regarding measurement,

clarification regarding demolition order, if challenged or not /


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

as prayed.



A.No. 1092/15 & 375/17 03.01.2019

Present : Sh. Arun Sharma, counsel for appellant

alongwith appellant.

Sh. Shashikant Sharma / Sh. Mohit Sharma,

counsel for MCD alongwith Sh. Roshan Lal,

AE(B).

Status report in compliance of the order dated

16.08.2018 filed. It is stated that the property was again

inspect by the concerned JE on 21.05.2018. Demolition

program was fixed on 23.05.2018 wherein demolition action

has been taken at roof and agra stone slab was demolished

at second floor.

Another demolition action was fixed on 28.05.2018

but could not be taken due to non availability of the police

force.

The regularization of the property has been rejected.

However, nothing is mentioned in the status report

regarding the verification of the measurement for the

purpose of verifying the affidavit of the appellant as no date

was mentioned in the earlier status report regarding the said

clarification.

The concerned AE(B) seeks adjournment to clarify

para -6 of the earlier status report dated 16.08.2018

regarding measurement of the property vis-à-vis affidavit.


respondent and arguments on 15.02.2019. Interim stay, if

any, is extended till next date.



A.No. 433/18, 435/18 & 436/18 03.01.2019

Present : Sh. K.B. Gupta alongwith Sh. Dinesh Pratap Singh

proxy counsel for Sh. O.P. Verma, counsel for

appellant.

Sh. Ashutosh Gupta / Sh. Dharamvir Gupta,

counsel for MCD.

Ms. Amon Likha with Ms. Norma Jain, counsel for

applicant.

While hearing the arguments, letter dated 16.04.2018

written by the Dy. Director (OSB) to the Commissioner, North

DMC was brought to the knowledge of this Tribunal wherein the

Dy. Director (OSB) DDA has observed that DDA cannot grant any

NOC for any kind of construction activity at the hospital being on

the demarcated flood plains.

This observations of the Dy. Director (OSB) DDA has

been contradicted by the counsel for appellant stating that there

is no base for this observation that the side where the hospital

has been constructed is a demarcated flood plains.

In these circumstances it becomes necessary to know the

source of information and the basis of the information by the Dy.

Director (OSB) DDA by saying that said observation is in violation

of Zonal Development Plan „O‟ Zone where it has been shown in

the map dated 30.06.2010 that the property in question is outside

the embankment and not forming part of demarcated flood plains

as defined in Para 9.2.2 (vi).

Let Dy. Director (OSB) DDA to appear in person alongwith

relevant record to clarify the above.

Notice be issued to the DDA alongwith copy of this order

to produce the relevant record regarding matter.

Put up for remaining arguments on 10.01.2019 at 2.00

p.m.

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

prayed.



A.No. 54/18, 497/14 03.01.2019

Present : None .

Due to heavy cause list of 80 cases, no time

left for dictating orders.

Put up for clarification if any/ orders on

14.03.2019.



A.No. 663/15 03.01.2019

Present : None .

Due to heavy cause list of 80 cases, no time

left for dictating orders.

Put up for clarification if any/ orders on

15.03.2019.



Documents

A.No. 57/18 Status report filed stating that property was ...mcdonline.gov.in/at/dailyordersnew/472_03.01.2019.pdfactivities in the name and style of M/s Mehra Metal Works which was