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A.No. 424/19, 421/19 and 420/19. 03.09.2019 Present : None for appellant.
Ms. Kanta Chaudhary, Ld. Counsel for EDMC with AE Sh.
Kaptan Singh.
Status report filed.
Be awaited till 12.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
1.25 pm.
Present : Sh. Parvez Ahmed, Ld. counsel for appellant.
Ms. Parveen Sharma, Ld. Counsel for EDMC.
Copy of status report supplied.
At request of Ld. Counsel for appellant, be listed with the
connected appeals on 21.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 686/18. 03.09.2019 Present : None for appellant.
Sh. N.S. Yadav, Ld. Counsel for EDMC.
Be awaited till 1.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 897/18. 03.09.2019 Present : None for appellant.
Sh. Shitij Vats, Ld. Counsel for EDMC.
Be awaited till 1.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 86/16. 03.09.2019 Present : None for appellant.
Be awaited till 2.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 90/19 and 865/18.. 03.09.2019 Present : Sh. R.Y. Kalia, Ld. Proxy counsel for appellant.
Sh. Abdul Haq, Nodal Officer, North DMC.
Final arguments heard.
Be listed for orders on 20.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 871/18. 03.09.2019 Present : Sh. R.Y. Kalia, Ld. Proxy counsel for appellant.
Ms. Mithlesh Singh, Ld. Proxy counsel for North DMC.
Final arguments heard.
Be listed for orders on 20.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 240/14 and 365/15. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for SDMC.
At request of Proxy counsel for appellant, adjourned for
further proceedings to 03.01.2020 as main counsel is not
available today.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 161/16. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.
Sh. Abdul Haq, Nodal Officer, North DMC with Sh. Rajiv
Garg, ALO.
Proxy counsel for appellant states that appellant has to
apply for re-opening of regularization file. Subject to the
filing of same within four weeks, status report of the same
be filed by the respondent.
Be listed for final arguments on 03.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 711/17 and 916/14. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Proxy counsel for appellant states that appellant has to
apply for re-opening of regularization file. Subject to the
filing of same within four weeks, status report of the same
be filed by the respondent.
Be listed for final arguments on 03.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 394/19. 03.09.2019 Present : None for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for EDMC.
Fresh Vakalatnama filed on behalf of the respondent.
As none has appeared on behalf of appellant, to come up
for further proceedings / arguments on 07.01.2020.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 467/19. 03.09.2019 Present : Appellant in person.
Sh. H.R. Aggarwal, Ld. Counsel for North DMC.
Memo of appearance filed on behalf of the respondent.
Appellant seeks adjournment as his counsel is not available
today.
Ld. Counsel for respondent seeks time to file status report
and record.
To come up for arguments on the application for stay on
15.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 354/19. 03.09.2019 Present : Sh. Gaurav Sharma, Ld. Counsel for appellant.
Ms. Mehak Nakra, Ld. Counsel for North DMC.
Ld. Counsel for respondent states that she has not received
copy of application moved by the appellant, the same be
supplied.
Ld. Counsel for appellant states that respondent has not
supplied the copy of impugned order inspite the directions to
do so, the same be supplied today itself.
More time is sought to file record, time granted subject to
payment of Rs.5,000/- as cost by the respondent.
Be now listed for arguments on the applications on the date
already fixed i.e. 11.09.2019.
EE(B) concerned to be present on the next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 117/18. 03.09.2019 Present : Sh. K. N. Singh, Ld. Proxy counsel for appellant.
Sh. Ashutosh Gupta, Ld. Counsel for North DMC.
More time is sought to file status report by respondent
giving specific details of the deviations which are not
rectified / removed and also whether the same are
compoundable or not.
Be listed for final arguments on 18.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 271/18. 03.09.2019 Present : Sh. K.N. Singh, Ld. Counsel for appellant.
Sh. Amit Kumar, Ld. Proxy counsel for North DMC.
Appellant is directed to file the entire chain of title
documents.
At request of Ld. Counsel for appellant, be listed for final
arguments on 09.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 232/18. 03.09.2019 Present : Ms. N. Sehar, Ld. Proxy counsel for appellant.
Ms. Mithlesh Singh, Ld. Counsel for North DMC with Sh.
P.K. Garg, AE(B).
Status report regarding the verification of affidavit of
appellant qua existing construction filed, copy supplied.
At the request of proxy counsel for appellant, be listed for
final arguments on 02.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 645/17. 03.09.2019 Present : Sh. Amardeep Khatri, Ld. Proxy counsel for appellant.
Ms. Nagina Jain, Ld. Counsel for SDMC.
Objections filed by the appellant to the status report, copy
supplied.
The entire chain of title documents be also filed by the
appellant on the next date.
At request of Ld. Counsel for appellant, adjourned for filing
brief synopsis and final arguments on 01.11.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 423/19. 03.09.2019 Present : Sh. R.K. Bedi, Ld. Counsel for appellant.
Sh. Mohit Sharma, Ld. Counsel for SDMC with Sh. S.P.
Garg, AE(B).
Status report filed, copy supplied.
Ld. Counsel for appellant seeks time to peruse the status
report.
At request of Ld. Counsel for appellant, adjourned for final
arguments to 03.12.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 534/18. 03.09.2019 Present : Sh. Varun, son of appellant.
Sh. N.S. Yadav, Ld. Counsel for EDMC with Sh. Sandeep
Kumar Jain, AE(B).
Status report filed.
Fresh Vakalatnama filed on behalf of the respondent.
Request is made for adjournment by appellant as his
counsel is not available being unwell.
To come up now for arguments on 25.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 993/17. 03.09.2019 Present : Sh. B. Khan, Ld. Counsel for appellant.
Sh. Abdul Haq, Nodal Officer, North DMC.
At request of Ld. Counsel for appellant, be listed for
withdrawal of appeal on 01.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 269/19. 03.09.2019 Present : Sh. Shekhar Nanawati, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for North DMC.
Status report filed, copy supplied.
Ld. Counsel for appellant seeks time to file objections to the
status report.
Be listed now for final arguments on 11.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 501/19, 502/19 and 503/19. 03.09.2019 Present : Sh. Arun Vohra, Ld. Counsel for appellant.
Sh. Ranjeet Pandey, Ld. Counsel for SDMC.
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
condonation of delay and stay on 09.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 907/18. 03.09.2019 Present : Sh. Manoj Goswami, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for North DMC.
Status report filed stating that property in question i.e. A-
109, Ground Floor, Raj park, is not a subject matter of the
affidavit filed by the Commissioner, MCD before the Hon’ble
Supreme Court in respect of 21960 industrial units in M.C.
Mehta Vs. UOI in Writ Petition No. 4677/1985.
Ld. Counsel for respondent states that property in question
is required to be desealed to calculate the misuse charges.
Heard, the property in question is directed to be desealed
on 18.09.2019 from 10.00 am to 1.00 pm for the purpose
of calculation of misuse charges. The same be resealed on
the same day after inspection.
Be listed for filing of Status Report on 25.09.2019.
A copy of order be given dasti to Ld. Counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 595/16. 03.09.2019 Present : Ms. Sudha Kumari, Ld. Proxy counsel for appellant.
Ms. Akanksha Dhami, Ld. Counsel for SDMC.
Proxy counsel for appellant has placed on record
permission / regularization letter No.
D/1018/AE(B)____/BLDG/SZ/2019 dated 07.06.19
accorded by the respondent in respect of the telecom tower
installed on the roof of the property no. B-3/17, Safdarjung
Enclave, New Delhi.
Ld. Counsel for respondent states that the appeal be
disposed off since the permission / regularization has been
granted.
This is an appeal against the order of sealing dated
12.04.2016.
It is submitted by the Ld. Counsel for appellant that the
appeal may be disposed off accordingly and the sealing
order needs to be quashed.
The appellant will follow and abide by all the terms and
conditions of the permission letter dated 12.04.2016 and on
violation of any condition of the said letter the respondent
will be at liberty to take action as per law against the tower
in question.
In view of the above said facts and circumstances, the
appeal is disposed off as infructuous and the impugned
order of sealing is set aside in view of the permission letter
dated 12.04.2016. On compliance of terms and condition of
letter dated 12.04.2016, respondent is directed to deseal the
tower in question installed at the premises bearing No. B-
3/17, Safdarjung Enclave, New Delhi within a period of two
weeks.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. Files be consigned
to record room.
Copy of the order be given Dasti to both the parties, as
prayed.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 235/18 03.09.2019 Present : Sh. Sarvesh Sharma, Ld. Counsel for appellant.
Sh. Dharamvir Gupta, Ld. Counsel for EDMC with Sh. Raj
Bhushan, Nodal Officer.
An application moved on behalf of appellant u/s. 151 CPC
seeking temporary desealing of the property in question to
remove the goods.
The application has been opposed by the Ld. Counsel for
respondent on the ground that the appeal is not
maintainable as during survey by MCD one Sh. Anil Sharma
was found running an industrial unit in non-conforming area
in the property in question bearing No. 7/80, Vishwas
Nagar, Delhi-32. The said unit was sealed on 11.09.2017.
It is further stated that property in question is part of the list
of 21960 industrial units regarding which Hon’ble Supreme
Court has directed in the Writ Petition no. 4677/1985 titled
M.C. Mehta Vs. UOI & Ors that none of the 21960 industrial
units should be allowed to be re-opened without the
permission of Hon’ble Supreme Court.
In view thereof, I am of the view that the appeal is not
maintainable, the same stands dismissed. Application of the
appellant u/s. 151 CPC seeking temporary desealing also
stands dismissed as appeal is not being maintainable. File
be consigned to Record Room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 1060/17, 11/18, 1059/17 03.09.2019 Present : None for appellant
Sh. V.K. Aggarwal, Ld. Counsel for North DMC
Sh. Abdul Haq, Nodal Officer for North DMC
At the request of Ld. Counsel for respondent, adjourned for
consideration to 9.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 437/18 03.09.2019 Present : Ms. Aditi Aggarwal, Proxy Counsel for appellant
Sh. Nitin Kumar, Proxy Counsel for MCD
At request of Ld. Counsel for appellant, adjourned for final
arguments to 18.12.2019 as the main counsel is not
available today.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 105/2019 03.09.2019 Present : Sh. Jitender Kumar, Counsel for appellant
Sh. Surender Singh, Counsel for SDMC
Status report filed, copy supplied. It is stated that record
has been filed in connected appeal bearing No.
27/ATMCD/19, titled M/s Mubarik Kashmir Creations & Anr.
v/s SDMC.
At request of Ld. Counsel for appellant, adjourned for final
arguments to 11.11.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 1073/16 03.09.2019 Present : Sh. Shorya Bali, Proxy Counsel for appellant
Sh. V.K. Aggarwal/Ms. Manjusha Jha, Counsel for MCD
Ld. Proxy Counsel for appellant seeks adjournment as the
main counsel is not available today.
To come up for final arguments on 18.12.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 724/16 and 727/16 03.09.2019 Present : Sh. Praveen Suri, Counsel for appellant
Sh. Dharamvir Gupta, Counsel for MCD
Sh. Abdul Haq, Nodal Officer for North DMC
At request of Ld. Counsel for appellant, adjourned for filing
brief synopsis and final arguments to 9.12.2019.
Interim orders to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 133/2018 03.09.2019 Present : Sh. Vijay Sehgal, Counsel for appellant
Sh. H.R. Aggarwal, Counsel for MCD
Ld. Counsel for respondent seeks time to file status report
and record.
Be listed for filing status report and record on 30.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 831/15 03.09.2019 Present : Appellant in person
Sh. Shashi Kant Sharma, Counsel for EDMC
Appellant seeks pass over for 2.00 p.m.
Ld. Counsel for EDMC states that he is not available at 2.00
p.m.
Adjourned for final arguments to 13.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 140/19, 141/19, 138/19, 137/19 03.09.2019 Present : Ms. Vijay Laxmi, Proxy Counsel for appellant
Sh. Dharamvir Gupta, Counsel for MCD
Sh. Abdul Haq, Nodal Officer for North DMC
At request of Ld. Proxy Counsel for appellant, adjourned for
argument on application for stay and condonation of delay.
Record be deposited with the Registry today itself.
Be listed for 6.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 476/13 03.09.2019 Present : Sh. S.S. Gupta, Counsel for appellant
Sh. H.R. Aggarwal, Counsel for SDMC
Ld. Counsel for respondent states that the premises in
question was sealed on 29.3.2007 as per directions of
Hon’ble Monitoring Committee constituted by the Hon’ble
Supreme Court. At the time of sealing, commercial
activities were being carried on in the property in question.
It is further submitted that in connected appeals, Monitoring
Committee decided the applications for de-sealing.
It is submitted by the Ld. Counsel for respondent that the
appellant may also approach the Monitoring Committee for
appropriate directions.
Ld. Counsel for appellant seeks four week’s time to
approach Monitoring Committee.
Be listed for further proceedings on 4.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 407/15 03.09.2019 Present : Sh. Shorya Bali, Proxy Counsel for appellant
Sh. V.K. Aggarwal, Counsel MCD
File is stated to be not traceable, the same be put up on
18.12.2019 with the connected appeal.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 1058/17 03.09.2019 Present : Appellant with Counsel Sh. Ankush Sharma
Sh. Surender Singh, Counsel for SDMC with AE(Bldg.)
Sh. Brij Kishore
Status report filed along with photograph, copy supplied.
Final arguments partly heard.
At request of Ld. Counsel for parties, be listed for further
final arguments on 03.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 184/19, 923/18 & 924/18 03.09.2019 Present : Sh. Dalip Rastogi, Counsel for appellant
Sh. V.K. Aggarwal, Counsel for North DMC
Ms. Sarita Gaur, ALO
At joint request of Ld. Counsel of parties, joint inspection of
the property in question is allowed to be carried out to
enable MCD to verify the report about the deviations, if any,
which are to be removed by the appellant. The Joint
Inspection will be carried out on 28.09.2019 from 11.00 a.m.
to 4.00 p.m. For joint inspection, property be desealed on
28.09.2019 and be re-sealed after inspection.
Status report be filed by the respondent on 15.10.2019.
A Copy of orders be given dasti on the request of the Ld.
Counsel for parties.
Interim orders, if any, to continue till next date of hearing.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 569/18 03.09.2019 Present : Sh. Ashish Aggarwal, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Sh. Rajeev Mittal Ld. counsel for applicant / intervener.
Ld. counsel for appellant states that appellant does not
wish to file the reply to the application under Order 1 Rule
10 CPC.
Arguments heard on the application under Order 1 Rule 10
CPC.
Be listed for orders on 23.09.2019.
Ld. counsel for respondent seeks more time to file the
status report on the application of the appellant for
desealing of the property in question.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 240/18 03.09.2019 Present : Sh. Ashish Aggarwal, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Be listed alongwith connected appeal No.569/18 on
23.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 260/19, 261/19, 262/19, 263/19, 256/18, 257/19, 258/19, 259/19, 264/19, 265/19, 266/19 & 267/19
03.09.2019 Present : Sh. R.K. Jain, Ld. counsel for appellant.
Sh. Madan Sagar / Sh. Sandeep Gupta / Sh. Mohit Sharma
/ Sh. R.K. Agnihotri / Sh. Mohit Singhal / Sh. Shashikant
Sharma, Ld. counsel for MCD.
Ld. counsel for appellant seeks time to file the order passed
in Writ Petition No.3462/16 titled as Dinesh Kumar Vs
EDMC.
Be listed for 21.10.2019 for further proceedings.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 344/19 03.09.2019 Present : Sh. Bijay Kumar, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh.
Sandeep Kumar Jain, AE(B).
Ld. counsel for appellant seeks more time to file objections
to the status report.
To come up for final arguments on 16.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 190/17 03.09.2019 Present : Appellant with Ld. counsel Sh. Navjot Kwatra.
Sh. Mohit Sharma, Ld. counsel for EDMC.
Status report filed, copy supplied.
Ld. counsel for appellant seeks time to peruse the status
report.
At request adjourned for final arguments to 17.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 374/19 and 374/19 03.09.2019 Present : Sh. G.S. Ahuja, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Ld. counsel for respondent seeks more time to file the
status report.
Be listed for filing of the status report on 27.09.2019.
AE(B) to be present on date fixed.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 457/19 & 458/19 03.09.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.
Sh. V.K. Aggarwal / Sh. Mohit Sharma, Ld. counsel for
MCD.
Vakalatnama filed on behalf of respondent.
Ld. counsel for appellant states that the property in question
is protected by the NCT of Delhi Laws (Special Provisions)
Act.
Ld. counsel for respondent seeks time to file the status
report.
Be listed for arguments on the application for interim stay on
16.09.2019.
AE(B) to be present on date fixed.
A copy of order be given dasti to the Ld. counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 438/19 03.09.2019 Present : Sh. M.S. Yadav, Ld. counsel for appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
Vakalatnama filed on behalf of respondent.
Status report filed, copy supplied.
Time is sought to file objection to the status report.
To come up for final arguments on 22.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 439/19 03.09.2019 Present : Sh. M.S. Yadav, Ld. counsel for appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
Vakalatnama filed on behalf of respondent.
Status report filed, copy supplied.
At request of Ld. counsel be listed for final arguments with
connected appeal on 22.10.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 112/19, 122/19 & 124/19 03.09.2019 Present : Sh. Sher Afghan, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for MCD. with Sh. Nutan
Gupta, AE(B).
Sh. R.Y. Kalia, Ld. counsel for applicant / intervener.
Ld. counsel for applicant states that his application under
Order 1 Rule 10 CPC is pending.
Be listed for reply, if any and arguments on the application
on 16.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 517/16 03.09.2019 Present : Appellant with Ld. counsel Sh. C.P. Wig.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
Ld. counsel for appellant submits that appellant does not
want to pursue the present appeal
Statement of appellant recorded.
In view of the statement of appellant, the appeal stands
dismissed as withdrawn. Resultantly the impugned order
dated 22.04.2016 stands confirmed. Respondent is at
liberty to take action as per law. AE(B) concerned to file
action taken report before the Dy. Commissioner concerned
who shall ensure the compliance of the impugned order.
The file of the department, if any, be returned to the
respondent.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
At this stage Sh. Parikshit Mahipal Legal Aid counsel
appeared for applicant. He has been apprised of the order.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 358/17 03.09.2019 Present : Appellant with Ld. counsel Sh. C.P. Wig.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
Ld. counsel for appellant submits that appellant does not
want to pursue the present appeal
Statement of appellant recorded.
In view of the statement of appellant, the appeal stands
dismissed as withdrawn. Resultantly the impugned order
dated 02.05.2017 stands confirmed. Respondent is at
liberty to take action as per law. AE(B) concerned to file
action taken report before the Dy. Commissioner
concerned.
The file of the department, if any, be returned to the
respondent.
File be consigned to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
At this stage Sh. Parikshit Mahipal Legal Aid counsel
appeared for applicant. He has been apprised of the order.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 781/17 03.09.2019 Present : None for the appellant.
Sh. H.R. Aggarwal,Ld. counsel for MCD.
No one has appeared on behalf of the appellant despite
several calls since morning.
On last two dates of hearing, none appeared for the
appellant.
It is 1.15 PM, it appears that appellant is not interested in
pursuing the present appeal.
The appeal is accordingly dismissed in default and for non
prosecution. The impugned demolition order stands
confirmed. The respondent is at liberty to take action as per
law. AE(B) concerned is directed to file the action taken
report before Dy. Commissioner concerned. A copy of this
order be sent to the Dy. Commissioner concerned to ensure
compliance thereof.
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 03.09.2019
A.No. 72/19 03.09.2019 Present : Sh. Manak Budhiraja, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for SDMC.
At request of Ld. counsel for appellant, adjourned for
arguments on the application for interim stay on 01.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 686/18 03.09.2019 Present : None for the appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD with Nodal Officer,
Raj Bhushan.
No one has appeared on behalf of the appellant despite
several calls since morning.
On previous date also no one had appeared for the
appellant.
It is 1.25 PM, it appears that appellant is not interested in
pursuing the present appeal.
The appeal is accordingly dismissed in default and for non
prosecution. The impugned order stands confirmed. The
respondent is at liberty to take action as per law. AE(B)
concerned is directed to file the action taken report before
Dy. Commissioner concerned. A copy of this order be sent
to the Dy. Commissioner concerned to ensure compliance
thereof.
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 03.09.2019
A.No. 897/18 03.09.2019 Present : None for the appellant.
Sh. Shitiz Vats, Ld. counsel for SDMC.
No one has appeared on behalf of the appellant despite
several calls since morning.
On previous date also no one had appeared for the
appellant.
It is 1.15 PM, it appears that appellant is not interested in
pursuing the present appeal.
The appeal is accordingly dismissed in default and for non
prosecution. The impugned order dated 27.07.2018 stands
confirmed. The respondent is at liberty to take action as per
law. AE(B) concerned is directed to file the action taken
report before Dy. Commissioner concerned. A copy of this
order be sent to the Dy. Commissioner concerned to ensure
compliance thereof.
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 03.09.2019
A.No. 508/19 03.09.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Fresh appeal filed u/s 347-B of DMC Act against the order
of sealing dated 16.08.2019 alongwith an application for
stay. It be checked and registered.
Ld. counsel for appellant has pressed the application for
interim stay. It is alleged that no order of sealing has been
served upon the appellant. It is also stated that notice u/s
345A of the DMC Act has been issued to Airtel and
Reliance whereas it is the appellant who had applied for
installation of the tower in question and thereafter an
application also moved for regularization of the tower in
question on 09.08.2019. It is further stated that the
appellant had taken the roof top of property No.A-101/1,
Okhla Industrial Area, Phase-II, New Delhi-20 on lease on
03.02.2009 for installation of telecommunication tower.
Thereafter appellant company applied to the respondent
seeking installation of the tower but the same is still
pending.
It is also stated that appellant company pursuant to
settlement arrived at before the Hon’ble High Court in LPA
No.572/11 applied for regularization of the tower in question
which is also pending. It is further stated that in case interim
protection is not granted the appeal will become infructuous.
Heard. In the above facts and circumstances, I am of the
view that appellant has made out the ground for ex-parte
interim stay.
Respondent is restrained from taking any coercive action in
respect of tower in question installed at the roof top of
property in question bearing No. A-101/1, Okhla Industrial
Area, Phase-II, New Delhi-20 till next date of hearing
pursuant to the impugned order dated 16.08.2019.
However, this order is subject to any order passed by the
Hon’ble Supreme Court / Hon’ble High Court / Hon’ble NGT
about sealing and demolition in respect of the property in
question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to concerned AE(B) by
the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any addition,
alteration, repair or construction and shall also not create
any third party interest in the property in question.
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.
Be listed for filing of status report, record by the respondent
on 21.10.2019.
A copy of this order be given Dasti to Ld. counsel for
appellant, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 214/18 03.09.2019 Present : Sh. Shirish Yaduvanshi and Sh. V.K. Sahai, Ld. counsel for
appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD with Sh. Baljit
Singh, L.I., Rohini Zone.
Status report filed, copy supplied.
Statement of the L.I. recorded.
Ld. counsel for appellant stated that appellant has already
deposited the misuse charges.
Appellant is directed to file an affidavit before this Tribunal
and also supply one copy of the same to the respondent
stating that the property in question will be used only for
residential purpose as per provisions of MPD 2021. The
appellant will also mention the name of the person for which
residential use the premises in question is required to be
desealed. The affidavit filed by the appellant shall state the
same and address of the said person who will be
responsible in case of any misuse of the property in
question i.e. for use of premises in question for any purpose
other than residential.
Appellant will also state that in the event the property in
question is used for any purpose other than residential, he
shall be liable to contempt of court.
Be listed for final arguments on 01.11.2019.
A copy of order be given dasti to the Ld. counsel for
appellant, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 86/16. 03.09.2019 Present : None for appellant.
Sh. Ashwani Kumar, Nodal Officer for SDMC.
At request of Nodal Officer, adjourned for further
proceedings to 11.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 517/16 03.09.2019 Statement of Sh. Gurjeet Singh S/o S. Harbans Singh, appellant R/o C-
43A, Second & Third floors Block-C, Fateh Nagar, New Delhi
On SA
I am the appellant in the present appeal, I may be permitted to
withdraw the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 358/17 03.09.2019 Statement of Sh. Gurjeet Singh S/o S. Harbans Singh, appellant R/o C-
43A, Second & Third floors Block-C, Fateh Nagar, New Delhi
On SA
I am the appellant in the present appeal, I may be permitted to
withdraw the appeal unconditionally.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019
A.No. 214/18 03.09.2019 Statement of Sh. Baljit Singh, L.I., Rohini Zone, North DMC.
On SA
The appellant has deposited the misuse charges or penalty in respect of
misuse of the property No.19, Khasra No.342, Pratap Vihar, Part-I, Kirari
Suleman Nagar, Delhi. Nothing more is required to be paid regarding
misuse charges or penalty. 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. The property in question can be used for
residential purpose only.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 03.09.2019