A.No. 866/18 Present : Sh. B.K. Sharma, Ld. counsel for appellant. …mcdonline.gov.in/at/dailyordersnew/755_25.02.2020 ORDER.pdf · 2020. 3. 6. · Present : Sh. B.K. Sharma, Ld

A.No. 866/18 25.02.2020 Present : Sh. B.K. Sharma, Ld. counsel for appellant.

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

An application has been moved for amendment stating that

appellant had filed an appeal against sealing notice dated

17.10.2018. It is further stated that respondent did not

serve any demolition appellants, therefore, preferred an

appeal against the show cause notice dated 26.06.2018.

The appellant came to know of the demolition order dated

21.06.2018 only on 10.12.2018. It is prayed that appellant

be allowed to amend the appeal to challenge the demolition

order dated 21.06.2018. The application is not opposed.

It is alleged that amended appeal which has been filed by

the appellant incorporating three prayers cannot be taken

on record. Appellant is directed to file fresh amended

appeal in terms of the order passed today within three days.

Ld. counsel for respondent states that in Writ Petition (C)

2736/2019 titled Shri Ashok Sharma Vs the North Delhi

Municipal Corporation and Ors., respondent corporation has

to file a status report regarding the steps taken against the

unauthorized construction in respect of the property in

question.

Be listed for final arguments on 23.03.2020.

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

Appellate Tribunal:MCD 25.02.2020

A.No. 300/17 25.02.2020 Present : Sh. Rehan Alam, Ld. counsel for appellant.

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

Sh. Praveen Kumar, Ld. counsel for intervener.

At request of Ld. counsel for appellant adjourned for final

arguments to 02.06.2020.



A.No. 762/16 and 777/16. 25.02.2020 Present : Sh. Kamla Prasad, Ld. Proxy counsel for appellant.

Ms. Akanksha Dhami, Ld. counsel for SDMC.

Written submissions filed on behalf of appellant, copy

supplied.

At request of proxy counsel for appellant, adjourned for final


Interim order, if any, to continue till next date



A.No. 576/15. 25.02.2020 Present : Appellant in person.

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

Ld. counsel for respondent states that further demolition

action has to be taken in the property in question, the action

taken report be filed on the next date.

To come up for further proceedings on 08.04.2020.

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

A copy of order be given dasti to Ld. counsel for

respondent, as prayed for.



A.No. 490/18, 491/18, 492/18, 333/18, 334/18 and 335/18. 25.02.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. K.K. Arora and Sh. Dharamvir Gupta, Ld. counsels for

North DMC.

Status report filed stating that the appellant has moved an

application for re-opening of the regularization file which is

pending. Copy supplied.

Be listed for filing of status report regarding the same on

03.04.2020.




A.No. 1031/13. 25.02.2020 Present : None for appellant.

Ms. Manjusha Jha, Ld. counsel for EDMC and Sh. S.K.

Jain, AE(B).

Status report filed.

As none has appeared for appellant, be listed for further

proceedings on 30.04.2020.



A.No. 88/20. 25.02.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Gyanender Kumar, Ld. counsel for SDMC.

Ld. counsel for respondent seeks time to file status report

and record.

1. This is an appeal against the order of demolition

dated 19.06.2017.

2. Ld. counsel for appellant has pressed the application

for ad-interim stay on the ground that there is apprehension

of demolition.

3. The submissions made are that the appellant is co-

owner of the 3rd and 4th floor of the property bearing no.

2/3B, Ward No. XI, Ansari Road, Darya Ganj, New Delhi

having purchased the same vide registered Sale Deed. It is

stated that the appellant had only repaired the fourth floor

without changing the structure. It is further stated that the

construction is an old one. It is further stated that one

Seema who is occupying the first floor of the above property

filed a Writ Petition with the prayer seeking demolition in the

unauthorized construction in the property in question. In the

Writ Petition directions were given to respondent / MCD to

effect service upon the appellant. It is also stated that in the

said Writ Petition, the respondent / corporation filed status

report stating that the property in question has been booked

and fourth floor was already sealed and demolition action is

to be taken. It is also stated that the appellant was not

served with the show cause notice nor was he granted

opportunity of hearing.

4. Heard, keeping in view the submissions made and

also considerin the allegations in impugned demolition order

dated 19.06.2017 are regarding unauthorized construction

in the shape of basement (old), 4th floor and as time is

sought to file status report. In the facts and circumstances,

in my view appellant has made out the case for grant of ad-

interim interim stay. There shall be interim stay of

demolition, respondent is restrained from taking demolition

action in the property in question bearing no. 2/3B, Ward

No. XI, Ansari Road, Darya Ganj, New Delhi pursuant to

impugned order dated 19.6.2017 till next date of hearing.

5. 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.

6. 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.

7. 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.

8. 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.

9. Notice of the appeal and application be issued to the

respondent through concerned Chief Law Officer. AE(B) is

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

10. Be listed for filing of status report, record by the

respondent and arguments on 30.03.2020.

11. A copy of the order be given Dasti to counsels for

parties, as prayed for.



A.No. 89/20. 25.02.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Gyanender Kumar, Ld. counsel for SDMC.

Be listed with the connected appeal on 30.03.2020.



A.No. 66/20. 25.02.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Sanjay Gupta, ALO.

Status report filed stating that the property in question falls

on non-notified road and as per 15.6.3 of MPD-2021,

maximum 4 small shops at ground floor of maximum 20

sqm. area each are permissible and activities as mentioned

in 15.6.3 of MPD-2021 are permissible. However, the unit in

question is at fourth floor of the property and hence the

same can be used for residential purpose or for ”other

activity” as per clause 15.7 of MPD-2021 subject to

fulfillment of the terms and conditions. It is also stated that

no conversion charges / penalty has been paid by the

appellant for the misuse in question. Copy supplied.

Respondent is directed to calculate the misuse charges.

Ld. counsel for respondent states that the property is

required to be desealed.

Respondent is directed to deseal the property on

05.03.2020 from 10 am to 1.00 pm and thereafter

respondent to reseal the property on the same day.

Appellant is directed to be present on the date and time

fixed. Thereafter respondent to file status report regarding

the misuse charges / penalty payable on the next date.

Be listed for further proceedings on 25.03.2020.

AE(B) concerned to be present on the date fixed.



A.No. 651/19, 652/19, 653/19 and 654/19. 25.02.2020 Present : Sh. G.D. Mishra, Ld. counsel for appellant.

Sh. Surender Singh, Ld. counsel for respondent.

Sh. Anand Tyagi, applicant in person.

An application moved by the applicant under Order 1 Rule

10 CPC, copy supplied.

1. This is an appeal against the order of demolition

dated 17.07.2019.

2. Ld. counsel for appellant has pressed the application

for ad-interim stay on the ground that there is apprehension

of demolition.

3. The submissions made are that the appellant is

owner of property bearing plot no. 124, area measuring 475

sq. yds. Khasra No. 293, situated in the abadi of Village

Chhatarpur, New Delhi-110030. It is further stated that

appellant had carried out only certain repairs / renovations /

re-construction in the property in question. It is further

stated that as the construction exists since prior to

01.06.2014, the property is protected by the National Capital

Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017. It is also stated that appellant has

also got his property mutated with the House Tax

Department. It is also stated that while appellant was

carrying out the renovation / repair, the official of the

respondent came on 14.08.2019 to take demolition action

without serving show cause notice or demolition order. The

appellant thereafter made a representation to respondent

dated 19.08.2019.

4. The Ld. counsel for respondent has opposed the

application but admits that the show cause notice and

demolition order had been issued to owner/builder, Kh. no.

292, 60 Foota Road.

5. I have heard and considered the submissions made.

6. It is to be noted that show cause notice and

demolition order have not been issued in the name of

appellant even though the property stood mutated in the

name of the appellant and have also not been sent at the

address of appellant. Thus in my view as the mandatory

provisions of the DMC Act have not complied been with, the

appellant has made out a prima facie case for grant of

interim stay. In this regard it has been held in Mahender

Singh and Other Vs. MCD 34 (1988) DLT 118 by the

Hon’ble High Court as under :

“The service of show cause notice on the

person concerned before passing the

demolition order is mandatory. There is no

question of any prejudice being caused or

not being caused that a mandatory

provisions has not been complied with. As

it has not been done, it must be held that

the whole proceedings regarding passing

of the demolition order are illegal and on

this ground alone the impugned demolition

order and the appellate order are liable to

be set aside.”

7. Heard, keeping in view above facts and

circumstances and the submissions of Ld. counsel for

appellant that the property in question is protected under

Delhi Laws (Special Provisions) Act, 2011 as extended till

31.12.2020 which provides that no action for removal or

demolition of unauthorized construction which came up

before 01.01.2006 can be taken by either DDA/ MCD or any

court, there shall be interim stay of demolition. Respondent

is restrained from taking demolition action in the property in

question bearing no. plot no. 124, area measuring 475 sq.

yds. Khasra No. 293, situated in the abadi of Village

Chhatarpur, New Delhi-110030 pursuant to impugned order

dated 17.07.2019 till next date of hearing.

8. 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.

9. 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.

10. 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.

11. 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.

12. Notice of the appeal and application be issued to the


directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

13. Be listed for filing of status report by the respondent

and reply and arguments on the application under Order 1

Rule 10 CPC on 01.06.2020.

14. A copy of the order be given Dasti to counsels for

parties, as prayed for.



Contempt Application No.27/19 25.02.2020 Present : Sh. K.N. Singh, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Sh. A.K. Jain, respondent No.1 in person.

An application has been moved under section 10, 11, 12

and 14 of Contempt of Court Act on behalf of appellant

stating that the respondents have sealed the property in

question, even though this Tribunal had restrained the

respondent from taking coercive action in the property in

question vide interim order dated 14.12.2018 passed in

appeal No.855/18 titled Mohd. Naseem Vs North DMC filed

against the order of demolition. The relevant extract of the

order is as under:-

“Since no record has been filed by the

respondent, neither any status report received

nor the AE(B) is present, the respondent is

restrained from taking any coercive action in

the property of the appellant bearing no. 797-

98, Sheesh Mahal, Azad Market, Delhi-6 in

pursuance of demolition order dated

02.11.2018 till next date of hearing.”

Reply has been filed on behalf of respondent No.1 stating

that application is not maintainable. It is also stated that it is

barred by limitation. It is further stated that passing of order

of sealing u/s 345-A of the DMC Act falls within the domain

of the Dy. Commissioner and the AE(B) is not privy to the

said order. It is further stated that vide order dated

14.12.2018 respondent was restrained from taking

demolition action and said order was not against the sealing

action.

Reply has also been filed on behalf of respondent No.2

taking preliminary objections that application is not

maintainable. It is further stated that order dated 14.12.2018

was with regard to the demolition action and not sealing

proceedings or sealing action. It is alleged that no contempt

has been committed.

I have heard the Ld. counsel for parties.

It is to be noted a Civil Contempt is failure to obey the order

issued in favour of the opposite parties. The object of action

is to secure the enforcement of the order. It is to be noted

the respondent was restrained vide order dated 14.12.2018

from taking coercive action which includes both demolition

and sealing. Thus it is to be seen whether there is only

willful disobeyance of the order dated 14.12.2018 by

respondents.

The Respondents are directed to show cause as to why

proceedings of contempt be not initiated against them for

violation of order dated 14.12.2018.

Be listed on 13.03.2020.



A.No. 855/18 and 107/19 25.02.2020 Present : Sh. K.N. Singh, Ld. counsel for appellant.


Be listed with connected matter on 13.03.2019 for final

arguments. Interim order, if any, to continue till next date.



A.No. 498/18 25.02.2020 Present : Appellant with Ld. counsel, Sh. Devender Verma.

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

Rajiv Garg, ALO.

Ld. counsel for appellant seeks time to file written

submissions within two weeks with advance copy to the

opposite side.

To come up for final arguments on 24.04.2020.



A.No. 545/19. 25.02.2020 Present : Appellant with Ld. counsel, Sh. Kamlesh Kumar.

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

Ld. counsel for appellant seeks more time to file documents.

At request, adjourned for arguments to 13.04.2020.



A.No. 821/14. 25.02.2020 Present : Sh. Mayank Aggarwal, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for SDMC.

Sh. Amit Bhatia, AR of respondent no.2.

At request of respondent no.2, adjourned for arguments to

08.04.2020.



M.No. 01/19. 25.02.2020 Present : Sh. I.A. Khan, Ld. counsel for appellant.

Sh. Ashutosh Mishra, Ld. counsel for EDMC.

At joint request, adjourned for arguments on the contempt

application to 30.04.2020.



A.No. 695/19. 25.02.2020 Present : Appellant with Ld. counsel, Sh. Jaspreet Singh.

Sh. Sanjay Sethi, Ld. counsel for SDMC.

Status report filed, copy supplied.

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

final arguments to 21.04.2020.



A.No. 174/18. 25.02.2020 Present : Ms. Vinita Sharma, Ld. Proxy counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for North DMC with Sh.

Manoj Gupta, AE(B).

Status report filed stating that as per records completion

cum occupancy certificate under Ease of doing business in

respect of the property in question has been issued online

on 25.03.2019 vide file no.10061290, copy of letter also

enclosed. Copy supplied.

Proxy counsel for appellant states that in view of the status

report which has been filed, appellant does not wish to

pursue the appeal.

At request of proxy counsel for appellant, adjourned for

withdrawal of appeal to 04.03.2020.



A.No. 104/14. 25.02.2020 Present : Sh. Gagandeep, Ld. Proxy counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for EDMC.

Notice issued to IRP not received back, fresh notice be

issued to IRP through registered post and speed post.

Process be given dasti, as prayed for.




A.No. 546/17. 25.02.2020 Present : Sh. Piyush Kaushik, Ld. counsel for appellant.

Sh. Madan Sagar, Ld. counsel for SDMC.

None for Monitoring Committee despite service.

Ld. counsel for respondent seeks more time to place on

record the directions of Monitoring Committee pursuant to

which action has been taken in the property in question.

Show cause notice be issued to AE(B) for next date as he is

absent despite being directed to be present today.

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

In case the status report is not filed on the next date then

the Dy. Commissioner to be present on the next date.




A.No. 511/18. 25.02.2020 Present : Sh. Vishwanath Kumar, Ld. Proxy counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for North DMC with

Sh. Rajiv Garg, ALO.

Proxy counsel for appellant states that the demolition order

has been stayed by Hon’ble High Court and the next date of

hearing before Hon’ble High Court is 24.04.2020. He further

seeks time to file copy of the said order.

Be listed for further proceedings 01.05.2020.



A.No. 871/17. 25.02.2020 Present : Sh. Sunil Lalwani, Ld. counsel for appellant.

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

Final arguments partly heard.

At request of Ld. counsel for respondent, be listed for further

final arguments on 26.03.2020.



A.No. 1181/15. 25.02.2020 Present : Appellant in person.

Ms. Manjusha Jha, Ld. counsel for EDMC with Sh. R.K.

Jain, AE(B).

Status report alongwith photograph filed stating that the

property in question was inspected by the area JE(B)-

I/SH(S) on 24.02.2020 and it was noticed that the second

floor and third floor of the property and projection on stilt,

ground floor and first floor on Municipal Lane has been

demolished completely. Copy supplied.

This is an appeal against the order of demolition dated

19.08.2015 alleging unauthorised construction in the shape

of deviation / extra coverage against sanctioned site plan.

Thus, keeping in view that excess coverage / deviations

stands removed, the appeal stands disposed off, being

infructuous.

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

respondent along with copy of this order.

File be consigned to record room.



-1-

A.No. 722/18. 25.02.2020 Present : Sh. V.K. Arora, Ld. counsel for appellant.

Sh. K.K. Arora, Ld. counsel for SDMC.

Sh. V.S. Rana, Ld. counsel for applicant.

Vakalatnama filed on behalf of the applicant.

Status report filed stating that the property was inspected on

31.01.2020 and rectification work required to be carried out

was explained to appellant’s son (Dr. Chetan). It is further

stated that the appellant has accordingly rectified both the

balconies i.e. at first floor and second floor to its original

shape / position. However, the rectification work has yet to

be carried out in terms of the standard building plan.

Ld. counsel for appellant states that as respondent has not

pointed out any further deviations or excess deviations, the

same could not be removed.

Respondent is directed to point out the same within a

week’s time. Ld. counsel for respondent states that two

weeks be granted.

Ld. counsel for appellant states that he will thereafter carry

out the necessary rectifications. Ld. counsel for appellant

further states that there are deviations in the Flat no.55,

Vasant Enclave which is on the ground floor against which

no action has been taken.

Respondent to file the report in this regard also.

-2-

Ld. counsel for respondent states that he has not received

the copy of application under Order 1 Rule 10 CPC, same

be supplied.

To come up for reply and arguments on the application

under Order 1 Rule 10 CPC on 23.04.2020.




A. No. 02/19(M) 25.02.2020 Present : Shri Dalip Rustogi, Ld. Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

At joint request, adjourned for filing brief synopsis and final


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



A.No. 75/17 25.02.2020 Present : Shri Bharat Bhushan, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, Ld. Counsel for the respondent .

At joint request, adjourned for filing brief synopsis and final





A.No. 1000/17 25.02.2020 Present : Shri Rahul Malik, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, Ld. Counsel for the respondent .

Written submissions filed on behalf of appellant.

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

final arguments to 09.07.2020



A.No. 27/15 25.02.2020 Present : None for appellant.

Shri R.K. Singh, Ld. proxy counsel for the respondent.

As none has appeared on behalf of appellant, be listed for

further proceedings on 05.05.2020.



A.No. 339/19 25.02.2020 Present : Shri S. Roy, Ld. Counsel for the appellant .

Shri A.K. Dixit, Ld. counsel for the respondent .

Shri Ajay Kumar , AE(Maintenance)


final arguments to 10.07.2020 as main counsel is busy in

Hon’ble High Court.




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

No one has appeared for appellant, even on the previous

date of hearing, none had appeared for the appellant. The

appeal accordingly stands dismissed in default and for non-

prosecution. Resultantly, the impugned order dated

05.05.2014 is confirmed. Respondent is at liberty to take

action in the property in question in accordance with law.

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

report before Dy. Commissioner concerned.






A.No. 255/17 25.02.2020 Present : Mohd. Elahi, Ld. Counsel for the appellant .

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

Fresh Vakalatnama filed on behalf of the respondent.

Parties are directed to file brief synopsis.

Be listed for final arguments with the connected appeal on

17.07.2020.




A.No. 1058/16 ` 25.02.2020 Present : Shri Dalip Rustogi, Ld. Counsel for the appellant.


Mohd. Elahi, Ld. Counsel for the applicant.

At request of Ld. counsel for applicant, adjourned for final

arguments to 17.07.2020..




A.No. 517/19 25.02.2020 Present : Shri Talvir Asraf Siddique, Ld. Counsel for the appellant .


Ld. proxy counsel for the respondent seeks adjournment as

main counsel is unwell.




A.No. 476/18 25.02.2020 Present : Shri G.R. Verma, Ld. Counsel for the appellant .


At joint request, be listed for final arguments on 22.05.2010




A.No. 523/12 25.02.2020 Present : Shri Neeraj Kumar Singh, Ld. Counsel for the appellant .

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

Ld. counsel for the respondent seeks time to file record.





A.No. 296/15 and 297/15 25.02.2020 Present : Appellant with Ld. counsel Shri G.R. Verma,

Sh. Shashikant Sharma, Ld. counsel for the respondent.

Be listed for final arguments with the connected appeal on

04.06.2020.




A.No. 324/18 and 325/18 25.02.2020 Present : Appellant in person.


Appellant seeks adjournment as his counsel is busy in

Hon’ble High Court.

At request, adjourned for final arguments to 04.06.2020.




A.No.327/13, 25.02.2020 Present : None for appellant.



three date of hearing, none had appeared for the appellant.

The appeal accordingly stands dismissed in default and for

non-prosecution. Resultantly, the impugned order dated










A.No.357/13, 25.02.2020 Present : None for appellant.















A.No.639/13, 25.02.2020

None for appellant.















A.No.417/13 25.02.2020

None for appellant.















A.No. 71/15 and 82/15 25.02.2020 Present : Appellant with Ld. counsel Shri M.R. Farooqi.


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

At request of Ld. Counsel for the appellant, last opportunity

granted subject to payment of Rs. 3,000/- to file documents.

Be listed for filing documents on 15.05.2020.




A.No. 521/17 25.02.2020 Present : Shri J.C. Mahendru, Ld. Counsel for the appellant .


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

final arguments to 26.05.2020.




A.No. 1063/16 25.02.2020 Present : Appellant with Ld. counsel Shri S.D. Sharma.


Ld. counsel for the respondent seeks more time to file

status report regarding regularization application.





A.No. 271/18 25.02.2020 Present : Shri K.N. Singh, Ld. Counsel for the appellant .

Shri Navin Grover, Ld. counsel for the respondent .

Le. Counsel for the appellant seeks time to file entire chain

of title documents.

Be listed for final arguments on 04.05.2020



A.No. 728/13 and 729/13 25.02.2020 Present : Shri Neeraj Kumar, Ld. Counsel for the appellant .

Shri A.K. Jha, Ld. counsel for the respondent .

Shri Amit Kumar Mittal, Ld. counsel for DUSIB

Shri P.K. Tiwari,AE(B) .

Affidavit of Assistant Commissioner/EDMC filed stating that

the property. This property is not a subject matter of the

21960 industrial units in which Ld. Commissioner, MCD filed

the affidavit before the Hon’ble Supreme Court in Writ

Petition (C) No. 4677/1985 titled M.C. Mehta Vs UOI.

Ld. counsel for the respondent seeks time to file the status

report as to whether the penalty and misuse charges have

been paid.

Be listed for filing of status report on 30.03.2020.



A.No. 22/19 25.02.2020 Present : Appellant with Ld. counsel Shri Sunny Jain,.

Sh. Shashikant Sharma, Ld. counsel for the respondent .

Affidavit filed by appellant, copy supplied.

Final arguments heard.

Be listed for orders on 19.03.2020.



A.No. 511/19 25.02.2020 Present : Shri V.K. Arora, Ld. Counsel for the appellant .


Affidavit filed on behalf of appellant, copy supplied.





A.No. 60/SCM/13 25.02.2020 Present : Shri Amit Sethi, Ld. Counsel for the appellant .

Shri Nilesh Sahani, Ld. counsel for the respondent .





A.No. 1086/15 25.02.2020 Present : Shri S.K. Bhardwaj, Ld. Counsel for the appellant .

Shri Mohit Sharma, Ld. counsel for the respondent .





A.No. 354/18 25.02.2020 Present : Shri Ritesh Saxena, Ld. Counsel for the appellant .


Shri Manoj Kumar, AE(B)/Civil Line Zone.

Shri Rajesh Jain, AZI/Civil Line Zone.

Smt. Anita Vaid, Dy. Assessor and Collector/Civil Line Zone.


The Deputy Assessor and Collector, Civil Line Zone has

filed copy of the house tax record. The record be deposited

in the Registry.




A.No. 30/19 an 930/18 25.02.2020 Present : Shri Rajesh Raina, Ld. Counsel for the appellant .

Shri Sushil Kumar Jain, Ld. counsel for the respondent .

None for applicant.

As none has appeared on behalf of the applicant, the

application under order 1 Rule 10 CPC cannot be taken up

today.

Be listed for arguments on the application under order 1

Rule 10 CPC and final arguments on 13.07.2020.




A.No. 289/19 25.02.2020 Present : Shri Arjun Singh, Ld. proxy Counsel for the appellant .

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

Ld. Counsel for the appellant seeks adjournment as main

counsel is unwell.




A.No. 223/15 25.02.2020 Present : Shri B.N. Gupta, Ld. Counsel for the appellant.


Shri Advat Gautam Sethi, Ld. counsel for applicant.

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

arguments on the application under order 1 Rule 10 CPC as

he is not feeling well today.

Be listed for final arlguments on 24.04.2020.


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


A.No. 636/19 and 637/19 25.02.2020 Present : Appellant with Ld.proxy counsel Ms. Jyoti Choudhary.


Shri Surender Singh, Ld. counsel for the respondent .

At request of Ld. Proxy Counsel for the appellant,

adjourned for arguments as main counsel is busy in Saket

Court.

Ld. counsel for the respondent states that demolition action

has been taken on 01.11.2019. Respondent to file status

report whether complete demolition action has been taken

in respect of the property in question.

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





A.No. 795/17,473/17,53/17,891/17,987/17, and 988/17 25.02.2020 Present : Appellant with Ld. counsel Mohd. Anil-ur-Rehman, Ld.

Counsel for the appellant .


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



Shri J. Dass, Ld. counsel for applicant.

An application moved by appellant under section 347 C (3)

of the DMC Act 1957, copy be supplied.

Arguments heard on the application under order 1 rule 10

CPC.




A.No. 69/19 and 628/18 25.02.2020 Present : Shri Manu Sisodia, Ld. Counsel for the appellant .


A copy of site plan filed on behalf of appellant filed, copy be

supplied.




A.No. 430/19 25.02.2020 Present : Appellant with counsel Shri Siddarth Raj.


Arguments have been partly heard.

Ld. Counsel for the appellant states that the appellants

wants to apply for regularization, time is also sought to file

the property tax documents by Ld. Counsel for the appellant

to shows that the property is protected under National

Capital Territory of Delhi Laws (Special Provision) Act.

To come up for arguments on the interim application on

07.04.02020.



A.No. 855/18 and 107/19 25.02.2020 Present : Sh. K.N. Singh, Ld. counsel for appellant.


Be listed with connected matter on 13.03.2019 for final

arguments. Interim order, if any, to continue till next date.



A.No. 636/19 and 637/19 25.02.2020 Present : Appellant with Ld. proxy counsel Ms. Jyoti Choudary


Sh. Surender Singh, Ld. counsel for the respondent

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

for final arguments as main counsel is busy in Saket Court.

Ld. counsel for the respondent states that demolition action

has been taken on 01.11.2019. Respondent to file status

report whether complete demolition action has been taken

in respect of the property in question.

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


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



A.No. 223 25.02.2020 Present : Sh. B. N. Gupta, Ld. Counsel for the appellant


Sh. Advat Gautam Sethi, Ld. Counsel for the applicant.


arguments on the application under order 1 Rule 10 CPC as

he is not feeling well today.





A.No. 30/19 and 930/18 25.02.2020 Present : Sh. Rajesh Raina, Ld. Counsel for the appellant

Sh. Sushil Kumar Jain, Ld. counsel for the respondent

None for applicant.

As none has appeared on behalf of the applicant, the

application under order 1 Rule 10 CPC cannot be taken up

today.

Be listed for arguments on the application under order 1

Rule 10 CPC and final arguments on 13.07.2020.




A.No. 289/19 25.02.2020 Present : Sh. Arjun Singh, Ld. proxy Counsel for the appellant

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

Ld. Counsel for the appellant seeks adjournment as main

counsel is unwell.




A.No. 866/18 25.02.2020 Present : Sh. B. K.Sharma, Ld. proxy Counsel for the appellant

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

An application has been moved for amendment stating that

as respondent did not serve demolition order on appellants,

therefore, appellant preferred an appeal against the show

cause notice dated 26.06.2018. The appellant came to

know of the demolition order dated 21.06.2018 only on

10.12.2018. It is prayed that appellant be allowed to amend

the appeal to assail the demolition order dated 21.06.2018.

The application is not opposed. The same stands allowed.

The amended appeal which has been filed by the appellant

incorporating three prayers cannot be taken on record.

Appellant is directed to file fresh amended appeal in terms

of the order passed today within three days.

Ld. counsel for the respondent states that in Writ Petition

(C) 2736/2019 titled Shri Ashok Sharma Vs. the North Delhi

Municipal Corporation and Ors., respondent Corporation

has to file a status report regarding the steps taken against

the unauthorized construction in respect of the property in

question.




A.No. 835/18 25.02.2020 Present : Sh. A.K. Tripathi, Ld. counsel for appellant.

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

Since two regular stenographers are on leave today and

board is very heavy, no time left.





Sh. Sushil Kumar Jain, Ld. counsel for MCD.

Since two regular stenographers are on leave today and

board is very heavy, no time left.




A.No. 98/20 25.02.2020 Present : Sh. D.D. Sharma, Ld. counsel for appellant.

The present appeal has been filed against the vacation

notice. It is stated that respondent has not supplied the

order of demolition.

Respondent is directed to supply the copy of the demolition

order.

Notice of the appeal and application for stay 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 on

26.02.2020.

Process be given dasti, as prayed for.



A.No. 95/20 25.02.2020 Present : Sh. Manjit Singh, Ld. counsel for appellant.

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

of sealing dated 17.05.2019 alongwith application for stay

and condonation of delay. Be checked and registered.

Notice of the appeal and application be issued to the


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 and stay on 11.03.2020.



M.No. 07/20 and 08/20 25.02.2020 Present : Sh. Sandeep Gaur, Ld. counsel for appellant.

File taken up on an application moved for restoration of

appeal alongwith application for condonation of delay.

Notice be issued to the respondent for 27.03.2020.



A.No. 93/20 25.02.2020 Present : Sh. Ravinder Chauhan, Ld. counsel for appellant.

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

of sealing dated 17.05.2019 alongwith application for

condonation of delay and stay. Be checked and registered.

Notice of the appeal and application be issued to the


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 and stay on 26.03.2020.



Documents

A.No. 866/18 Present : Sh. B.K. Sharma, Ld. counsel for appellant. …mcdonline.gov.in/at/dailyordersnew/755_25.02.2020 ORDER.pdf · 2020. 3. 6. · Present : Sh. B.K. Sharma, Ld