Misc in A.No. 75/17 Adjournment sought to file vakalatnama ...mcdonline.gov.in/at/dailyordersnew/489_25.01.2019.pdf · Azhar Ahmad, Kanoongo. SDM, Hauz Khas has filed status report

Misc in A.No. 75/17 25.01.2019

Present : Sh. Sandeep Garg, counsel for appellant

alongwith Sh. Narender Kumar, appellant.

Sh. Shashikant Sharma, counsel for MCD.

Adjournment sought to file vakalatnama as well as

application for restoration of appeal.

Status report filed stating that demolition action was

fixed on 22.11.2018 and 17.12.2018 but due to non-

availability of police force demolition action could not be

taken. Next demolition program has been scheduled for

04.02.2019.

Put up this matter for filing action taken report and

further proceedings on 27.03.2019.

Concerned AE(B) is directed to appear in person for

explanation for his inaction.

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

Appellate Tribunal:MCD 25.01.2019

A.No. 296/18

25.01.2019

Present : Appellant in person.

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

Status report filed stating that after following due

process of law and service of show cause notice, appellant

has not filed any reply to the show cause notice and the

demolition order dated 28.11.2017 was passed and sent

through speed post to Sh. Mayank Jain.

Part demolition action took place on 04.05.2018 at

fourth floor (top floor). Sealing show cause notice was

issued on 02.04.2018 which was sent by way of speed post.

Thereafter, sealing order dated 07.06.2018 was passed.

Sealing action could not be taken on various dates as the

property was found occupied. Vacation notice was issued

on 15.06.2018. Thereafter, property was sealed on

19.06.2018.

On 31.08.2018, the property was desealed and

demolition action took place again at top floor but complete

action could not be taken due to shortage of time. Further

demolition action will be taken in due course of time. Copy

of status report supplied to the appellant.

Appellant seeks adjournment.

Since there is no stay, respondent is at liberty to take

demolition action in pursuance of impugned order because

it is submitted by counsel for respondent that demolition

order is not challenged and the appeal has been filed only

against the sealing show cause notice.

Put up this matter for filing further status report /

action taken report by the respondent on 08.03.2019.

Copy of order be given Dasti to both parties for

compliance.



A.No. 406/17 25.01.2019

Present : None for appellant.

Sh. K.K. Arora, counsel for MCD.

None for applicant.

Appellant has made a statement on 12.11.2018 for

withdrawal of the appeal.

As per the status report filed on 11.07.2018 in

pursuance of order dated 15.01.2018 of this Tribunal,

Commissioner, SDMC vide order dated 28.03.2018

appointed Dy. Commissioner, West Zone to enquire about

the protection if available in the property in question under

National Capital Territory of Delhi Laws (Special Provisions)

Second (Amendment) Act, 2017 or not.

It is stated that as per the order dated 28.06.2018 of

Dy. Commissioner, the property is protected under National

Capital Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017 till 31.12.2020 since the benefit of

doubt goes in favour of entire suit property consisting of

ground floor, first floor and second floor.

Copy of order dated 28.06.2018 passed by Dy.

Commissioner, West Zone is annexed.

The said order speaks that there was a direction of

this Tribunal to draw the conclusion whether the property is

protected or not. The protection has been given on the

basis of benefit of doubt holding that it appears to be on the

facts that there was addition / alteration in between the year

2003 and 2010.

The said observations seems to be contrary to the

speaking order passed wherein sealing order dated

03.05.2017 was passed by Dy. Commissioner, West Zone.

A.No. 406/17 - 2 -

The conclusion by Dy. Commissioner, West Zone in

the order dated 28.06.2018 shows that the speaking order

dated 03.05.2017 was passed without considering the entire

facts and circumstances. The said anomaly needs to be

explained by Dy. Commissioner.

Concerned Dy. Commissioner is directed to appear

in person for clarification.

Copy of order be given Dasti to counsel for

respondent for placing the same before concerned Dy.

Commissioner for information and compliance.

Put up this matter for further proceedings on

27.03.2019 at 2.00 pm.



A.No. 544/12 25.01.2019

Present : Sh. Ajay Kumar, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD alongwith

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

Status report in compliance of order dated

12.11.2018 filed stating that as per the record submitted by

building department, the comprehensive demolition action

have been taken against the unauthorized construction in

the property in question. Further demolition action is still

pending against the remaining portion of the structure.

Adjournment sought to file status report regarding

complete action taken alongwith photographs.

Ld. counsel for appellant pointed out that the

appellant has already moved an application for withdrawal

of the appeal.

Let the appellant be remain present for withdrawal of

the appeal on next date of hearing.

Put up this matter for filing status report by the

respondent and withdrawal of the appeal on 02.04.2019.



A.No. 1139/13 to 1143/13 25.01.2019

Present : Sh. K.B. Gupta, counsel for appellant.


Ms. Jaya Goel, counsel for DDA.

Sh. Manish Tanwar, counsel for R-3.

Sh. S. Yadav, proxy counsel for R-4 (L&DO).

Sh. Sudhakar, SDM, Hauz Khas alongwith Sh.

Azhar Ahmad, Kanoongo.

SDM, Hauz Khas has filed status report stating that

in pursuance of the directions of this Tribunal, the Moka

Milan was done on 18.12.2018 in the presence of all

concerned and after that the demarcation map has also

been provided to DDA by the Surveyor namely M/s Intech

Engineer Pvt. Ltd.

Status report signed by Sh. Raj Kumar, Tehsildar,

DDA filed stating that on 18.12.2018, the draft demarcation

report submitted by Intech Engineers was perused and

some deficiencies were found and the said draft was

returned to carry out those corrects.

The said draft was returned on 21.01.2019 by

Revenue Officials, Hauz Khas to DDA officials for checking

the same on the grounds.

It is further stated that the said draft plan is to be

checked in the presence of Intech Engineers alongwith

revenue staff of the DDA. All concerned including SDM,

Tehsildar, DDA and M/s Intech Engineers are directed to

carry out.

Joint Inspection in that regard be carried out on

07.02.2019 at 11.00 pm. The said status report will be filed

positively by next date of hearing.

Put up this matter for filing status report and

arguments on 27.02.2019.

A.No. 1139/13 to 1143/13 - 2 -

Copy of order be given Dasti to all concerned for

compliance.



12.00 Noon

File taken up again at the request of Sh. Sushil

Kumar Sikerwar, Proprietor of M/s Intech Engineers. He

filed status report and apprised the proceedings.

Copy of order be given Dasti for compliance.



A.No. 124/15 25.01.2019

Present : Sh. Mayank Bhargav, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.

None for respondent no. 2.

Reply to the appeal has not been filed by R-2.

Put up this matter for arguments on 23.04.2019.



A.No. 532/18 25.01.2019


Sh. Ranjit Pandey, counsel for MCD alongwith

Sh. Anurag Sharma, JE(B).

Status report filed by JE(B) stating that property was

desealed on 03.12.2018 for 15 days to enable the appellant

to carry out rectification in compliance of order dated

12.11.2018. Appellant has partly punctured the fourth floor

roof i.e. two panels. The unauthorized construction booked

by the North DMC has not been completely demolished by

the appellant.

It was clarified in the order dated 12.11.2018 itself, in

case, the appellant does not take steps to demolish the

entire structure within 15 days, the respondent is at liberty to

take demolition action in pursuance of impugned order

challenged herein. What prevented the respondent to take

that action and why the status report is silent in that regard?

Put up this matter for filing further status report in

compliance of said order under the hand and signature of

Dy. Commissioner concerned on 02.04.2019.

The property can be desealed for the purpose of

carry out demolition proceedings as per the convenience of

concerned AE(B).



A.No. 52/19 25.01.2019

Present : Sh. Ashim Shridhar, counsel for appellant.

Fresh appeal has been filed against the demolition

order as well as rejection order dated 25.10.2018 and

18.10.2018 respectively.

Adjournment sought to move application seeking

condonation of delay.

Ld. counsel for appellant submitted that appellant

seeks to challenge the rejection order dated 18.10.2018 in

the present appeal. Statement of counsel for appellant has

been recorded in this regard separately.

In view of the statement of counsel for appellant, let

the notice of the appeal and application be issued to the

respondent through concerned Chief Law Officer. AE(B) 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 20.02.2019.

Copy of order be given Dasti, as prayed.



A.No. 50/19 25.01.2019

Present : Sh. K.B. Gupta, counsel for appellant.

The present appeal has been instituted under section

254(1) of NDMC ACT 1994 challenging the order dated

26.12.2018 under section of 250 of NDMC Act. In the said

order, there is a mention that the Hon’ble Monitoring

Committee vide orders dated 26.11.2018 has directed to

seal the property till further orders.

The said observation in the order invoke the

question of jurisdiction of this tribunal in this case.

Ld. counsel for appellant submitted that the said

order of Monitoring Committee is not supplied and in case

there was any order/directions by the Monitoring

Committee, there is no requirement of passing of order

under section 250 of NDMC Act.

At the request of counsel for appellant subject to

maintainability of appeal before this tribunal, let the limited

notice of the appeal and application be issued to the

respondent through Chairperson. AE is directed to appear in

person and file entire record including the order of Hon’ble

Monitoring Committee because the appeal against the

demolition order qua same property is already pending

before this Tribunal and is listed for 11.03.2019.

The said case file bearing appeal No. 263/17 be also

attached /taken up on the said date.




A.No. 56/19 25.01.2019

Present : Ms. Radha Singh, counsel for appellant.

Fresh appeal has been filed against the sealing order

dated 07.12.2017.

On filing of application seeking condonation of delay,

notice of the appeal and application be issued to the

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

directed to appear in person and file entire record of the

proceedings, reply and status report of the appeal on the

date fixed.




A.No. 813/14 25.01.2019


Sh. Vikas Aggarwal, counsel for applicant

alongwith applicant.

The appeal was instituted against the order dated

25.09.2014 u/s 345-A of DMC Act. The sealing proceedings in

this case were initiated on 25.08.2010 on account of booking of

the property for unauthorized construction.

Status report has already been filed by the respondent

stating that the alleged unauthorized construction by way of

removal of non appearing walls has already been came to an end

because of those walls has been restored by the appellant.

It is not clear whether any demolition order in this case

was passed on account of booking of the property vide file no.

139/C-69/B/UC/CLZ/2010 dated 25.08.2010. The appellant has

already sold the property subject matter of the present appeal to

the applicant and a joint application was moved by the applicant

as well as appellant before this Tribunal.

It is further stated that the appellant is presently using the

property for residential purpose notwithstanding abuts on notified

Mixed Land Use Street / road.

Concerned AE(B), Sh. B.P. Singh is directed to appear in

person for making the statement with regard to no action is called

with respect the property in question in pursuance of the booking

for unauthorized construction as well as with respect to sealing

order dated 25.09.2014.

The appellant is also directed to appear in person for

making the statement for disposal of the present appeal after the

statement of concerned AE(B).

Put up this matter for that purpose and further

proceedings on 31.01.2019.

Copy of order be given Dasti to both parties for

compliance.



A.No. 26/19

25.01.2019

Present : Sh. O.P. Verma, counsel for appellant.

Sh. Abdul Haq, Nodal Officer, NDMC.

Dasti notice was served on 22.01.2019.

AE(B) is absent. Record not produced.

At request of the Nodal Officer, put up again.



11.00 AM

Present : Sh. O.P. Verma, counsel for appellant.


Original record produced.

It is stated that service of show cause notice is not

affected in the Law Department as the same has been

affected in the zone.

Adjournment sought to file status report.

Ld. counsel for appellant pointed out that an anomaly

and mistake in the speaking order as well as show cause

notice on account of giving false number of property.

Respondent is directed to file detailed status report

and reply to the appeal.

Respondent is further directed to clarify the anomaly

shows in show cause notice as well as in the speaking order

with regard to serial number of the property mentioned in

the heritage list.

Put up this matter for filing status report by the

respondent and arguments on 04.02.2019.

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

as prayed.



A.No. 899/18 25.01.2019

Present : Sh. Kamaldeep Singh, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Vakalatnama on behalf of respondent filed.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Status report not filed. AE(B) is absent.

Counsel for appellant has produced an order dated

21.03.2013 regarding the previous booking dated

28.012013 wherein protection was given to the

unauthorized construction in the premises of the appellant

which consisted of ground floor, first floor, second floor and

third floor and one room on fourth floor alongwith projection

on municipal land on each floor.

The present booking has been done on 16.11.2018

in continuation of the previous booking No.14 dated

28.01.2013 for unauthorized construction in the shape of

verandah (covered) adjoining to existing room and one toilet

in projection at fourth floor.

The record pertain to the previous booking and

protection granted to the unauthorized construction is not

filed.

Counsel for appellant stated that appellant has

applied for regularization of the property in the year 2012

and the said record be also requisitioned.

The order submitted by the counsel for appellant

dated 21.03.2013 shows that one room at fourth floor was in

existence at the time of protection granted to the property

but in Para -4 of the reply submitted to the show cause

notice there is mention of one room and verandah on the

fourth floor alongwith toilet and bath which is contrary to the

previous booking and there seems to be change in

structure.

A.No. 899/18

Respondent is directed to produce the entire record

of the previous booking, regularization application, if any.

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

the previous booking and regularization application by the


AE(B) concerned to remain present on next date of

hearing and the status report be filed under the hand and

signature of the Dy. Commissioner concerned.



A.No. 750/18 25.01.2019

Present : Sh. Rajesh Gupta, counsel for appellant.

Sh. Amit Kumar, counsel for respondent.

Status report in compliance of the order dated

14.01.2019 not filed, however, the status report filed today

shows that the proposal of the appellant for regularization of

the construction is pending consideration with the SDMC.

It is also stated that some proceedings are pending in

the High Court in contempt application (Civil) No.163/18 in

CM Appl. 8771/18 listed on 08.02.2019 before the Hon’ble

High Court.

The appellant may clarify with regard to the pending

proceedings in the High Court.

Put up for filing status report in compliance of the

order dated 14.01.2019 on 08.03.2019.



A.No. 624/18 25.01.2019

Present : Sh. Nirmit Gaur, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD with

Sh. Anil Kumar, L.I.

Vakalatnama on behalf of respondent filed.

Status report filed stating that the property was

sealed at the direction received from the Factory Licensing

Department North DMC without serving any show cause

notice and sealing orders as the premises was in the list of

DSIDC to whom alternative plots were allotted.

The respondent is however, directed to clarify

whether the present property is subject matter of the

affidavit filed by the Commissioner, MCD before the Hon’ble

Supreme Court or not.

Respondent is further directed to calculate misuse

charges, if any and provide advance copy of the calculation

to the appellant who shall take necessary steps in that

regard. For that purpose respondent is at liberty to deseal

the property in question and thereafter reseal the same on

the same day.

Put up for clarification/ status report /statement of

misuse charges /penalty charges on 08.03.2019.


as prayed.



M. in A.No. 437/17 25.01.2019

Present : None for the appellant.


alongwith Sh. A.K. Sinha, AE(B).

Status report filed shows that demolition action has

not been taken on various dates due to shortage of time or

due to non availability of police force as property was

stated to be occupied.

The status report does not speaks of any vacation

notice has ever been issued by the respondent.

Further demolition and sealing action was fixed on

23.01.2019 but the same could not be taken due to non

availability of the police force.

Since no vacation notice has been issued, therefore,

it seems that only formality is being done by the respondent

and no serious action is taken because if the property is

fully occupied, issuance of vacation notice is must.

Dy. Commissioner concerned to appear in person for

explanation on date fixed.

Put up for filing action taken report under the hand

and signature of the Dy. Commissioner concerned on

15.03.2019. Copy of the order be given Dasti to both the

parties, as prayed.



A.No. 139/15 25.01.2019

Present : Sh. Anil Sethi, counsel for appellant.

Sh. Sanjeev Kr. Yadav, counsel for

respondent.

Status report not filed.

Adjournment sought to file the same.

Concerned AE(B) to remain present on next date.

Put up this matter for filing of status report by the




A.No. 415/16 25.01.2019

Present : None for the appellant.

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

Sh. B.P. Dubey, AE(B).

AE(B) seeks adjournment to comply the order dated

02.08.2018 for filing the notification declaring the concerned

village as urbanized village.

Appellant may file objection to the status report.

Put up for that purpose and final arguments on

15.05.2019.



A.No. 422/11 & 123/12 25.01.2019

Present : Sh. Vineet Kumar proxy counsel for Sh.

Bhupender Mehta, counsel for appellant.


Adjournment sought as main counsel for appellant is

not available.

Put up for final arguments on 25.03.2019.



A.No. 1107/15 25.01.2019


Sh. Mohit Sharma, counsel for MCD alongwith

Ms. Renu Soni, Nodal Officer for SDMC.

Counsel for appellant is stated to be not available.

Status report filed in compliance of the submissions

made by the appellant on previous date regarding removal

of the non compoundable deviations, already mentioned in

application dated 18.12.2017.

It is stated that through inspection it has been

revealed that non compoundable deviations still exist at site.

Photographs showing the present status of the construction

are annexed.

Copy of the status report supplied to the appellant

alongwith annexure.

Put up on 18.04.2019 for final arguments.



A.No. 889/17 & 890/17 25.01.2019

Present : Sh. Devender Verma, counsel for appellant.

Sh. K.K. Arora, counsel for respondent.

An application for desealing of the property has been

filed on behalf of the appellant.

It is stated that misuse charges/penalty have already

been deposited. Copy of the receipt has been supplied to

the counsel for respondent who seeks time to file the status

report.

Put up for filing the status report and arguments on

26.03.2019.



A.No. 526/18, 312/18 & 313/18 25.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.



14.09.2018 filed. Copy supplied.

Ld. counsel for appellant submitted that appellant is

ready to bring the property within the FAR coverage at 90%

at first floor and second floor and he is ready to deposit the

charges as mentioned in the status report.

It is further stated that for regularization of the

property, NOC from the occupier of the ground floor is also

required, apart from completing all other formalities of

UBBL-2016.

The appellant is, therefore, at liberty to bring the

property within FAR limit at first floor and second floor and

for that purpose he needs rectification.

The property for the purpose of rectification, be

desealed for the period of two weeks w.e.f. 30.01.2019 to

14.02.2019.

An application for intervention has been filed by one

Shahana Begum through her advocate Sh. Rishab Pant

alongwith the copy of the order dated 10.09.2018 in Writ

Petition (C) No. No.5325/2017, wherein Shahana Begum

was given liberty to file an application before the ATMCD in

accordance with law.

Counsel for appellant submitted that application may

be disposed off today itself.

Arguments on maintainability of the application under

order 1 Rule 10 CPC heard. Even if it is presumed that all

the averments made in the application is correct, then also

in this proceeding between the appellant and the MCD the

applicant has no right to participate and he can not become

a party as there is a clear-cut judgment of Delhi High Court

A.No. 526/18, 312/18 & 313/18

in case Hardayal Singh Mehta Vs MCD, AIR 1990 Delhi

170 in which it is held that in the matter between the

appellant and the MCD, no third person can join and

become a party to such proceedings and in such

proceedings the application under order 1 Rule 10 CPC is

not maintainable. Any dispute between the applicant and

the appellant has to be dealt with and to be decided by the

Civil Court separately. Accordingly, application moved by

applicant under order 1 Rule 10 CPC is hereby dismissed.

However, the applicant is permitted to file the documents, if

any and to orally argue the matter at the final arguments

stage.

Put up for filing the status report by the respondent

regarding rectification of the property by the appellant in

compliance to the status report filed today bringing the

property within FAR of 90% on 28.02.2019. Interim stay, if

any, is extended till next date.


as prayed.



A.No. 583/14 25.01.2019

Present : Sh. Manish Sharma, counsel for appellant

alongwith appellant in person.


Ld. counsel for appellant submits that appellant

wants to withdraw the present appeal. Statement of

appellant has been recorded in this regard separately.

Concerned AE(B) is directed to appear in person

alongwith status report regarding present status of the

property and extent of structure alongwith photograph.

Put up for that purpose and arguments, if any, on

04.04.2019.



A.No. 584/14 25.01.2019

Present : Sh. Manish Sharma, counsel for appellant

alongwith appellant in person.


Ld. counsel for appellant submits that appellant

wants to withdraw the present appeal. Statement of

appellant has been recorded in this regard separately.

Concerned AE(B) is directed to appear in person

alongwith status report regarding present status of the

property and extent of structure alongwith photograph.

Put up for that purpose and arguments, if any, on

04.04.2019.



A.No. 594/18 to 598/18 25.01.2019

Present : Sh. Daman Popli, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Adjournment sought to produce the complete house

tax record in compliance of the order dated 31.10.2018.

Notice be issued to the concerned Dy. Assessor &

Collector for producing the complete house record in

respect of the property in question.

Both the parties are directed to file written brief

submission.

Put up this matter for filing house tax record, written

submission and arguments on 19.03.2019.



A.No. 453/17 & 147/18 25.01.2019



Sh. S.B. Patnayak, counsel for applicant.

Put up alongwith connected appeal bearing

No.406/17 on 27.03.2019.



A.No. 503/18 25.01.2019

Present : Sh. Sumant De, counsel for appellant.


alongwith Sh. Arjun Batra, L.I.

Copy of the calculation of misuse charges supplied to

the appellant today who seeks adjournment to deposit the

same.

Put up for deposit of the charges, filing of the status

report and arguments on 26.02.2019.



A.No. 736/15 25.01.2019

Present : Sh. S.D. Ansari, counsel for appellant.

Sh. Amit Kumar, counsel for respondent.

It is stated that previous counsel has not returned the

file to the Department and Department is reconstructing the

file and it will take some time.

Adjournment soughtfor arguments.

Put up for final arguments on 07.08.2019. Interim

stay, if any, is extended till next date.



A.No. 560/16 25.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.


Written submissions filed by the appellant.

Adjournment sought by the respondednt to file the

same.

Let the same be filed within two weeks with the

direction to supply advance copy to the counsel for

appellant.

Put up for oral arguments on 07.05.2019. Interim

stay, if any, is extended till next date.



A.No. 684/16 & 240/17 25.01.2019

Present : Sh. Sriniwas, counsel for appellant.


Written brief submissions not filed.

Part arguments heard.

Put up for filing of the written brief submissions and

arguments on 06.03.2019.



A.No. 669/13 25.01.2019

Present : Sh. Prabhat Kiran, counsel for appellant.

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

counsel for respondent.

Written submissions are already placed on record.

Copy of the written submissions filed by the

respondent on the previous date supplied to the counsel for

appellant.

Put up for perusal of the written submissions and

final arguments on 15.03.2019.



A.No. 1014/17 & 1015/17 25.01.2019

Present : Sh. Mohit Monga, counsel for appellant.

Sh. Ashutosh Gupta / Sh. H.R. Aggarwal,

counsel for MCD.

Part arguments heard.

Ld. counsel for appellant pointed out that he has

already moved an application before concerned authority for

considering desealing of the property as the similar

properties in the vicinity has already been desealed.

Counsel for respondent submits that he is not aware

about the status if any such application ever moved.

In case the application has been moved or appellant

is ready to move any such application, concerned authority

of the respondent will consider the same as per provisions

of law at the same parity with the similar properties situated

in the same area.

Put up for filing status report / arguments, if any, on

27.03.2019. Copy of the order be given Dasti to both the

parties, as prayed.



A.No. 47/18 25.01.2019

Present : Sh. R.K. Sahney, counsel for appellant.

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

Tyagi, counsel for MCD.


09.08.2018 filed stating that as per local inquiry it was

revealed that the appellant Smt. Ritu Soorma is relative of

Virender Soorma alias Babba Pahalwan.

Regarding the track record, it is stated that show

cause notice was sent through speed post were obtained

through internet and consignment details not found is

mentioned in tracking report. Accordingly a letter dated

01.01.2019 was written to the Head Post Master, Krishna

Nagar, Delhi to provide service details of the said show

cause notice sent through speed post.

It is further stated that on local inquiry it reveals that

Sh. Virender Soorma is known as Babba Pahalwan.

Adjournment sought to file the response of the Head

Post Master.

Put up for that purpose and arguments on

07.08.2019. Interim stay, if any, is extended till next date



A.No. 524/17 & 525/17 25.01.2019

Present : Sh. Dinkar Kumar, counsel for appellant.

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

Sh. Neeraj Kumar proxy counsel for Sh. Vivek

Ojha, counsel for DDA.

Status report of the DDA was filed on 24.11.2017. The

said status report speaks that the property in question falls in

Khasra No.204 which is shown in yellow colour in the site plan,

annexure-1. Khasra No.203 is shown as red line in the site plan.

The property in question is measuring 140 sq.yard and the

same is constructed up to third floor.

Further a Writ Petition No.4267 titled as Narender Malik

Vs SDMC is pending adjudication before the Hon’ble High Court

regarding unauthorized construction. Copy of order dated

06.07.2017 annexure-2.

Counsel for appellant at the very outset pointed that as

per booking of the MCD, they have mentioned the property

JNo.203 which is contrary to the status report of the DDA which

speaks that the property falls in khasra No.204.

Counsel for respondent seeks adjournment to file the

clearcut status report regarding situation of the property in khasra

No.204 or 203 in view of the status report of the DDA.

Put up this matter for filing of status report by the


AE(B) concerned to remain present.

Respondent is further directed to file status report

regarding the Writ Petition filed before the Hon’ble High Court.

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

prayed.



A.No. 613/18 25.01.2019

Present : Sh. Pranay Jain, counsel for appellant.


Status report filed. Copy supplied.

Counsel for appellant seeks instructions for

withdrawal of the present appeal.

Counsel for respondent seeks adjournment to verify

the receipt of depositing conversion charges.

Put up for that purpose and arguments, if any on

12.03.2019.



A.No. 583/14 Statement of Sh. Jitender Tyagi, appellant S/o Sh. Suraj Prakash Tyagi, R/o D-43, Chatterpur Enclave, Phase-1, New Delhi-30 age- 48 years. ON SA

I am the appellant in the present appeal and I want to withdraw the

present appeal. The same may be dismissed as withdrawn.

RO&AC



A.No. 584/14 Statement of Sh. Neeraj Tyagi, appellant S/o Sh. Suraj Prakash Tyagi, R/o 33-C, Village Chatterpur, Mehrauli New Delhi-74 age- 43 years. ON SA

I am the appellant in the present appeal and I want to withdraw the

present appeal. The same may be dismissed as withdrawn.

RO&AC



A.No. 52/19 Statement of Sh. Ashim Shridhar, counsel for appellant, Enrl No.D-

2201/2011, Chamber No.203, Block-3, Delhi High Court, New Delhi.

Without oath.

On instructions, the present appeal is being restricted to the prayer

(c) to the effect that the challenge is limited to the order dated 18.10.2018

u/s 338 of the DMC Act.

RO&AC



Documents

Misc in A.No. 75/17 Adjournment sought to file vakalatnama ...mcdonline.gov.in/at/dailyordersnew/489_25.01.2019.pdf · Azhar Ahmad, Kanoongo. SDM, Hauz Khas has filed status report