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A.No. 811/17 and 828/17. 25.07.2019 Present : Son of appellant with Ld. counsel for appellant from LAC,
Sh. Parikshit Mahipal,
Sh. Rohit Sharma, Ld. counsel for EDMC.
Ld. counsel for appellant states that the appeal is to be
withdrawn.
At request, be listed for further proceedings on 06.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 442/18. 25.07.2019 Present : None for the appellant.
Sh. H.R. Aggarwal, Ld. counsel for North DMC.
Ld. counsel for respondent has submitted that interim order
was granted in respect of shop no. 819, Ward No.9, Chattar
Sheik Mangloo, Jama Masjid, Delhi whereas the premises
in question is bearing no. 817, Ward No.9, Chattar Sheik
Mangloo, Jama Masjid, Delhi.
None has appeared for appellant, be awaited till 1.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
At 2.00 pm.
Present : None for the appellant.
Sh. H.R. Aggarwal, Ld. counsel for North DMC.
Appellant has not appeared even on second call.
Be listed for further proceedings on 05.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 96/18. 25.07.2019 Present : None for appellant.
Sh. H.R. Aggarwal, Ld. counsel for SDMC.
It is 1.10 pm.
Neither appellant nor his counsel has appeared despite
several calls since morning. None had appeared for the
appellant even on the previous date. In view thereof, the
appeal stands dismissed in default for non-prosecution. The
impugned order dated 18.05.2017 stands confirmed.
Respondent is at liberty to take action in the property in
question in terms of the impugned order. Action taken report
be submitted to the Dy. Commissioner concerned by the
AE(B).
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 272/19. 25.07.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.
Sh. Pritish Sabharwal, Ld. counsel for SDMC.
Vakalatnama on behalf of respondent filed.
Ld. counsel for respondent seeks time to file status report.
Record be deposited with the Registry.
Documents filed by appellant, copy supplied.
It is stated that another connected appeal is listed on
19.08.2019.
Be listed for arguments on the application for stay on
19.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 809/18. 25.07.2019 Present : None for the appellant.
Sh. Mohit Sharma, Ld. counsel for EDMC.
Status report/Action taken report filed stating that the
demolition action was taken on 04.07.2019 against the
unauthorized construction..The roof slabs of both the
rooms, kitchen, toilets and bathrooms were demolished..
rendering the entire unauthorized construction unusable.
In view of the action taken report, file be consigned to
Record Room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 659/18. 25.07.2019 Present : Sh. Abhishek, Ld. Proxy counsel for appellant.
Sh. Sanjay Sethi, Ld. counsel for SDMC.
Proxy counsel for appellant states that an application has
been moved for regularization on 29.01.2019, photocopy of
the same has been filed and a copy supplied to Ld. counsel
for respondent. Status report of the same be filed on the
next date.
Be listed for further proceedings on 15.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 633/17. 25.07.2019 Present : Appellant with Ld. counsel, Sh. Prakash Pandey.
Sh. Sahil, Ld. Proxy counsel for EDMC.
At joint request, adjourned for filing of synopsis and final
arguments on 18.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 157/19. 25.07.2019 Present : Sh. Mohd. Fahad, Ld. counsel for appellant.
Sh. Anil Kashyap, Ld. Proxy counsel for applicant.
Sh. Abdul Haq, Nodal Officer from North DMC.
Vakalatnama on behalf of appellant filed.
Reply filed on behalf of appellant to the application moved
under Order 1 Rule 10 r/w section 151 CPC by the
applicant.
At joint request of Ld. counsel for appellant and applicant ,
adjourned for arguments on the application to 28.11.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 546/17 and 549/17. 25.07.2019 Present : Sh. Asad Rajan, Ld. Proxy counsel for appellant.
Sh. Madan Sagar, Ld. counsel for SDMC.
Sh. Ashish Dixit, Nodal Officer for DDA.
Ld. counsel for respondent states that the present matter
pertains to the Monitoring Committee.
Notice be issued to the Monitoring Committee for next date
of hearing.
Status report be also filed by respondent/MCD on the next
date.
Be listed for further proceedings on 16.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 207/17. 25.07.2019 Present : Sh. Sanjeev Narang, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Ld. counsel for appellant seeks adjournment .
At request, adjourned for final arguments to 24.09.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 302/19. 25.07.2019 Present : Sh. A.K. Sharma, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Status report filed stating that the property in question is
one of the 21960 Industrial Units which was sealed pursuant
to the directions issued by Hon’ble Supreme Court in Writ
Petition (Civil) No. 4677/1985 titled M.C. Mehta Vs. Union of
India & Ors. dated 07.05.2004 regarding which affidavit has
been filed by Ld. Commissioner, MCD. It is stated that as
per the record provided by DSIIDC, alternative industrial plot
has been allotted against the property in question and
during inspection, an industrial unit was found running in
violation of the orders of Hon’ble Supreme Court as such it
was sealed on 16.11.2017. It is also stated that in view of
the directions of Hon’ble Supreme Court none of the 21960
Industrial Units can be opened without the permission of
Hon’ble Supreme Court. Therefore, this tribunal has no
jurisdiction. It is also stated that one appeal had been filed
against the impugned order being appeal no. 222/18 titled
“Ram Avtar Vs. North DMC” and the same was dismissed
vide order dated 28.03.2019 as such the appeal is not
maintainable.
Be listed for arguments on the maintainability of the appeal
on 30.07.2019.
The file of said appeal be attached with this file by Registry.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 331/18, 1044/17, 1050/17, 188/17 and 181/17. 25.07.2019 Present : Sh. K.N. Singh, Sh. R.Menon, Sh. Himanshu Sharma and
Sh. Amit Vohra, Ld. counsels for appellants.
Sh. Shashikant Sharma, Sh. Sanjeev Kumar Yadav and Ms.
Beena Sharma, Ld. counsels for South DMC.
Sh. R.Menon, Sh. Himanshu Sharma and Sh. Amit Vohra,
Ld. counsels for appellants state that they have not received
the copy of written submissions filed by the respondent.
Sh. Shashikant Sharma, Ld. counsel for respondent states
that they have sent it by speed post. He further states that
he will supply another copy to them, another copy supplied
today.
To come up now for final arguments on 01.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 381/17 and 434/17. 25.07.2019 Present : Sh. Arush Kapoor, Ld. Proxy counsel for appellant. Sh.
H.R. Aggarwal and Sh. Dharamvir Gupta, Ld. counsels for
respondent/MCD.
Ld. counsels for respondent state that the regularization
application of the appellant stands rejected.
Ld. counsel for appellant seeks time to file brief synopsis
with advance copy to the other side.
At request, be listed for final arguments on 04.11.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 199/17. 25.07.2019 Present : Sh. Narender Kumar, husband of appellant.
Sh. Dharamvir Gupta, Ld. counsel for SDMC.
Request is made for adjournment by appellant as counsel
for appellant is not available today.
To come up for arguments on application and appeal on
14.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 914/17. 25.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Ld. counsel for appellant submits that the appellant could
not file the affidavit giving the details of existing construction
as directed vide order dated 07.12.2017.. Since the order
dated 07.12.2017 was not complied with by the respondent,
the respondent is now directed to deseal the property on
07.08.2019 between 1100 am to 5.00 pm and reseal the
same after inspection on the same day.
The appellant will thereafter file his affidavit giving the
details of construction and also supply the copy of the same
to AE(B) who will file the status report of the same.
To come up for further proceedings on 12.09.2019.
A copy of the order be given dasti Ld. counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
251-SCM-14. 25.07.2019 Present : None for appellant.
Sh. Shashikant Sharma, Ld. counsel for SDMC.
Sh. R.K. Singh, Ld. counsel for DDA.
None for the Monitoring Committee.
To come up for further proceedings on 02.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 1181/15. 25.07.2019 Present : None for appellant.
Ms. Manjusha Jha, Ld. counsel for EDMC with Sh. R.K.
Jain, AE(B).
Status report filed alongwith photographs, copy kept on
record to be supplied to the appellant.
To come up for further proceedings / final arguments on
18.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 879/18. 25.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. K.K. Arora, Ld. counsel for North DMC.
Status report filed, copy supplied.
Ld. counsel for appellant seeks time to file synopsis.
To come up for final arguments on 15.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 783/14. 25.07.2019 Present : Appellant in person.
Sh. V.K. Aggarwal, Ld. counsel for SDMC.
Appellant seeks adjournment as his counsel is not available
today. Appellant however submits that he has filed an
application for regularization of the construction on
05.07.2019, the status report of the same be filed on the
next date.
Be listed for further proceedings on 04.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 321/18 and 322/18. 25.07.2019 Present : Sh. Rahul Malik, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. proxy counsel for SDMC.
Request is made for adjournment by Ld. counsel for
respondent as main counsel is not available today.
To come up for final arguments on 26.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 240/17 and 684/16. 25.07.2019 Present : None for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Be listed for further proceedings on 29.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 300/17. 25.07.2019 Present : Sh. Danish, son of appellant.
Sh. H.R. Aggarwal, Ld. counsel for North DMC.
Sh. Praveen Kumar, Ld. counsel for applicant.
Request is made for adjournment by son of appellant as his
counsel is not available today.
At request, one final opportunity is granted for final
arguments.
Be listed for final arguments on 18.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 96/18. 25.07.2019 Present : None for appellant.
Sh. H.R. Aggarwal, Ld. counsel for MCD.
Be awaited till 1.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 293/17. 25.07.2019 Present : Sh. Manoj Kumar, brother of the appellant.
Sh. Ashutosh Gupta, Ld. counsel for North DMC with Sh.
Y.P. Singh, AE(B).
Ld. counsel for respondent states that the order dated
06.02.2018 has been complied with, the status report
regarding the verification of the affidavit of the appellant
has been filed.
Time is sought to deposit the cost imposed vide order dated
06.20.2018 in the Registry today itself.
Request is made for adjournment by appellant as his
counsel is not available.
To come up now for final arguments on 05.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 181/18, 180/18 and 179/18. 25.07.2019 Present : Sh. Mohit Bhadu, Ld. counsel for appellant.
Ms. Neetu, Nodal Officer for SDMC.
Reply to the status report filed.
To come up now for final arguments on 02.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 862/18 and 863/17. 25.07.2019 Present : Sh. S.C. Pathak, Ld. counsel for appellant.
Sh. K.K. Arora and Sh. Shashikant Arora, Ld. counsels for
respondent.
Ld. counsel for appellant seeks more time to file
clarification regarding the variations in the affidavit of
appellant.
Be listed for final arguments on 30.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 52/17 and 507/17. 25.07.2019 Present : Sh. Vikas Gupta, Ld. Proxy counsel for appellant.
Sh. K.K. Arora, Ld. Proxy counsel and Sh. Umesh
Gupta,Ld. counsel for MCD.
At request of Ld. counsel for appellant, adjourned for final
arguments to 04.12.2019 since the main counsel has
undergone surgery.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
M.No. 485/17. 25.07.2019 Present : None for appellant.
Sh. K.K. Arora, Ld. counsel for North DMC.
More time is sought to file the action taken report .
Action taken report be submitted to the Dy. Commissioner
concerned by the AE(B) who will ensure the compliance of
the impugned order.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
M.No. 1206/13 and 1207/13. 25.07.2019 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. counsel for EDMC.
Status report filed regarding the action taken pursuant to the
impugned order. It is stated that the further action is to be
taken. Further action taken report be submitted to the Dy.
Commissioner concerned by the AE(B) who will ensure the
compliance of the impugned order.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 293/18. 25.07.2019 Present : None for appellant.
Sh. Sanjay Sethi, Ld. counsel for North DMC with Ms. Sarita
Gaur, ALO.
Status report filed alongwith photographs stating that due to
Modal Code of Conduct during General Elections, the action
could not be taken pursuant to the impugned order.
Action taken report be submitted to the Dy. Commissioner
concerned by the AE(B) who will ensure the compliance of
the impugned order.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 430/19. 25.07.2019 Present : Sh. Imran Khan, Ld. counsel for appellant.
Fresh appeal filed u/s 343 of the DMC Act against order of
demolition dated 31.01.2018 alongwith application for stay
and condonation of delay. Be checked and registered.
Notice of the appeal and applications 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 13.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No.419/19.and 418/19. 25.07.2019 Present : Sh. S. Sharma, Ld. counsel for appellant.
Fresh appeal filed u/s 347B(m) of the DMC Act against
order of demolition dated 03.11.2017 alongwith application
for condonation of delay. Be checked and registered.
Notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear 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 condonation of
delay on 23.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 240/19. 25.07.2019 Present : Sh. Anand Prakash, Ld. counsel for appellant.
Sh. Adil Hussain, Ld. counsel for North DMC and Sh. Abdul
Haq, Nodal Officer from North DMC.
An application moved for early hearing.
It is stated by Ld. Counsel for appellant that application for
regularization has been filed.
The respondent is directed to file the status report regarding
the regularization application on the date fixed.
Ld. counsel for appellant has pressed the application for
interim stay, the same is opposed by Ld. counsel for
respondent on the ground that the appeal is time barred. It
is also submitted by Ld. counsel for respondent that no
documents of ownership have been supplied to the
respondent.
As regards the application for interim stay is concerned, Ld.
counsel for appellant contended that property in question is
protected by National Capital Territory of Delhi Laws
(Special Provisions) Second (Amendment) Act, 2011 as
amended w.e.f. 31.12.2017.
It is to be noted that photocopy of the registered Sale Deed
has been placed on record by the appellant dated
22.12.2005 according to which the property in question was
a built up one at the time of purchase by her but the extent
on quantum of construction of property is not mentioned
therein. Thus this question is to be considered on merits.
Per contra it is submitted by Ld. counsel for respondent that
unauthorized construction in the shape of entire ground
floor, first floor and second floor of the property in question
has been booked. It is further stated that the appeal is time
barred as demolition action had been taken place on
18.03.2019 wherein one panel of roof slab of third floor were
demolished. Thus the contention of Ld. counsel for
appellant that he was not aware of the demolition order is
incorrect. Heard In my view as the question of limitation is to
be considered. Thus no ground is made out for interim stay.
Be listed on date already fixed i.e. 06.08.2019 for final
arguments as no early date is possible due to heavy board.
A copy of order be given dasti to ld. Counsel for parties, as
prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 97/19. 25.07.2019 Present : Ms. Suman Jain, Ld. Proxy counsel for appellant.
Sh. Pritish Sabharwal, Ld. counsel for SDMC with Sh. Brij
Kishore, AE(B).
Sh. Shankar Chhabra, Ld. counsel for applicant/intervener.
An application moved u/s. 5 of the Limitation Act on behalf
of appellant, copy be supplied.
Reply filed by the appellant to the application under Order 1
Rule 10 CPC alongwith documents, copy supplied.
Status report filed stating that the accommodation of first
floor and second floor of the suit property tallies with the
affidavit/site plan filed by the appellants, however, ground
floor could not be inspected as it was found locked. The
applicant is stated to be in possession of the ground floor.
Respondent is directed to inspect the first floor of the
property in question on 26.07.2019 from 3.00 pm to 5.00
pm. The applicant is directed to enable the AE(B) to
inspect the property and file further status report.
To come up for arguments on the application under Order 1
Rule 10 CPC and u/s 5 of Limitation Act on 01.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 441/18. 25.07.2019 Present : Shri Prashant Katara,Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Shri R.K. Jain, AE(B) .
Ld. counsel for appellant states that he has not received
copy of application moved under order 6 Rule 17 CPC as
well as Rule 14 of DMC Act. The same be supplied during
the course of the day.
To come up for reply and arguments on the application on
09.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 440/18. 25.07.2019 Present : Shri Prashant Katara,Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Shri R.K. Jain, AE(B) .
Reply filed by respondent to the application under section 5
of Limitation Act read with Rule 17 of DMC Act. Copy
supplied.
Ld. counsel for appellant states that he has not received
copy of application moved under order 6 Rule 17 CPC and
Rule 14 of D.M.C. Appellate Tribunal (Procedure) Rule
1986. The same be supplied during the course of the day.
To come up for reply and arguments on the application on
09.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 250/19. 25.07.2019 Present : Appellant with counsel Shri Devender Mor.
Shri Bharat Malhotra, Ld. counsel for respondent .
An application has been moved under Order 6 Rule 17 CPC
by appellant with amended appeal, copy supplied.
Ld. counsel for respondent states that appellant has not
supplied the title documents. The appellant is directed to
place on record the entire chain of title documents.
To come up for reply and arguments on the application on
06.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 918/14. 25.07.2019 Present : Shri Sushil Kumar,Ld. proxy counsel for appellant .
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Ld counsel for appellant states that main counsel is not
available, and further states that he is not aware whether
the IN dated 29.10.2018 has been complied with by
appellant subject to compliance of the same by the
appellant within one week
status report be filed by the respondent on the next date.
Be listed on 05.12.2019 for further proceedings.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 861/15,881/15,919/15,859/15,876/15,877/15,878/15, 880/15,882/15 and 931/15. 25.07.2019 Present : Shri Sanjiv Arora, Ld. proxy counsel for appellant .
Sh. V.K. Aggarwal,, Shri Subodh Kumar,Shri Sandeep
Gupta, Shri Sandeep Kaushik, and Shri H.R. Aggarwal, Ld.
counsels for MCD.
Shri A.K. Gupta, EE(B) , Shri S.K. Jain, AE(B), and Shri
Jitender Kumar Meena, JE(B) .
Status report filed stating that vide order dated 14.11.2018,
appellant was directed to take steps in terms of the
settlement arrived at before the Hon’ble High Court in LPA
No. 572/2011 titled as MCD V/s Cellular Operators
Association of India and Ors. However, the appellant has
not taken any steps so far. Copy of status report supplied.
At request of Ld. counsel for appellant, adjourned for further
proceedings to 06.12.2019 as main counsel is not available
today.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 356/19. 25.07.2019 Present : Shri Sahil Dagar,Ld. counsel for appellant .
Ms. Seema Gupta, Ld. counsel for respondent.
Vekalatnama filed on behalf of the respondent.
Status report filed. Copy supplied.
An application has been moved for withdrawal of the
appeal stating that the appellant company has dismantled
the telecom tower in question equipment from the property
in question i.e. Property No. 1-A Banarsi Das Estate,
Timarpur, Delhi, in view thereof, the appeal has become
infructuous . Statement of the Ld. counsel for appellant
recorded.
In view of the statement of Ld. counsel for appellant, the
appeal stands dismissed as withdrawn having become
infructuous.
Since the demolition order has become infructuous, no
further directions are required to be passed.
The file of the department, if any, be returned to the
respondent alongwith a copy of this order.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No 25.07.2019 Present :
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 275/18. 25.07.2019 Present Shri Ajay Kumar, Ld. counsel for appellant .
Shri Sanjiv Kumar, EE(B) .
Shri Vinod Bansal, AE(B) .
Status report filed giving details of excess
coverage/deviations, copy supplied.
Ld counsel for appellant seeks time to file objection to the
status report and further submits that reasonable time may
be granted since he has to consult the Architect.
To come up for further proceedings on 14.11.2019.
An application moved by appellant under section 10 &12
of Contempt of Courts Act, the same be registered
separately.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 582/18. 25.07.2019 Present Shri Ajay Kumar, Ld. counsel for appellant .
Shri Sanjiv Kumar, EE(B) .
Shri Vinod Bansal, AE(B) .
Be listed with connected appeal bearing No.275/18 for
further proceedings on 14.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 22/15 and 23/15. 25.07.2019 Present : Shri K.B. Gupta, Ld. counsel for appellant .
Sh. Shashikant Sharma, Ld. counsel for respondent.
Ld. counsel for appellant states that SLP No.6894/2017 is
pending accordingly be listed for awaiting orders/further
proceedings on 25.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 821/18. 25.07.2019 Present : Shri Osama, Ld. proxy counsel for appellant .
None for respondent.
Show cause notice be issued to AE(B) concerned to appear
on next date with status report.
Request is made for adjournment as main counsel is busy
in some other court.
At request, adjourned for arguments on 18.09.2019.
.(POONAM CHAUDHARY)
AD&SJ-cum-P.O. Appellate Tribunal:MCD
25.07.2019
A.No. 447/17. 25.07.2019 Present : Shri Sanjiv Ralli, Ld. counsel for appellant .
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Shri M.K. Malhotra, Ld. Proxy counsel for respondent No. 2.
Status report filed by North DMC regarding verification of
affidavit by appellant regarding construction existing at site.
It is submitted that ground floor of the property could not be
inspected as it was found locked. It is further stated that
construction at first floor shown in the plan/affidavit did not
match with the construction at site as toilet has been shown
at different location. It is further submitted that the
constructions at second floor and third floor shown in the
plan/affidavit match with the construction at site.
Ground floor will now be inspected by AE(B) concerned on
21.08.2019 from 2.00 PM to 5.00 PM. Respondent No. 2
who in occupation of the same is directed to be present on
the said date and time. Further report be submitted by the
respondent on next date.
Ld counsel for appellant seeks time to file objection to the
status report. He also seeks time to file documents showing
that the property is protected under the provisions of Special
Laws.
Be listed for arguments on 06.09.2019.
A copy of this order be given Dasti to both the parties, as
prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 1087/15, 1088/15, 806/17, 645/15, M- 61/15, 807/17, 677/15 & M-60/15.
25.07.2019 Present : Appellant Shri Amit Chand, Shri Abhijeet, Shri Rajender
Sharma, with Sh. Rajesh Kumar Sharma Ld. counsel for
appellant for Appeal No. 806/17, 645/15, M- 61/15, 807/17,
677/15 & M-60/15.
Sh,. Dharamvir Gupta/Shri Vikas Gupta,/ Ms. Vasu Singh,
Ld. counsel for respondent.
Shri Rajiv Garg, ALO.
Ms Bindu Galgat, Dy Director (Architecture) Shri Anil Fulzela Assistant Architect, DDA. Shri R.K. Jain, AE(B) Deputy Director (DDA) has filed a copy of lay out plan and
standard plan of Gulabi Bagh.
Ld. counsel for appellant seeks time to inspect the file and
to peruse the plans which have been filed today.
To come up for final arguments on 10.10.2019.
Interim order to continue till next date.
POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
M No. 10/19. 25.07.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .0
None for respondent.
Arguments heard on the application under order 41 Rule 19
read with section 151 CPC.
To come up for orders on 08.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 395/19. 25.07.2019 Present : Appellant with Ms. N. Sehar, Ld. counsel for appellant .
Sh. Shashikant Sharma, Ld. Counsel for respondent.
Memo of appearance filed on behalf of the respondent.
Time is sought to file status report and record.
To come up for arguments on the application for interim stay
and condonation of delay on 07.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019
A.No. 356/18. 25.07.2019 Statement of Sh. Sahil Dagar, Ld. counsel for appellant, Enrol No.D-
2849/12, Office : 1/2, Shanti Niketan, New Delhi-110021 Mobile
No.9891696900.
Without oath
I have instructions to withdraw the present appeal as it has been
become infructuous. The same may please be dismissed as withdrawn.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.07.2019