A.No. 33/19 22.01.2019
Present : Ms. Nirmala Singh, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Memo of appearance on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 22.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 10/19 22.01.2019
Present : Counsel for parties.
Vakalatnama of Ms. Akansha Dhammi on behalf of
respondent filed.
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 26.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 09/19 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 06.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 850/18 22.01.2019
Present : Sh. Ajay Dabas, counsel for appellant.
Sh. Devender Singh, counsel for respondent
alongwith Sh. Lalit Sharma, AE(B).
Vakalatnama on behalf of respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 30.01.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 879/18 22.01.2019
Present : Counsel for parties.
Vakalatnama of Sh. K.K. Arora, on behalf of
respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 09.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 868/18 & 712/18 22.01.2019
Present : Sh. Shalu Jain, counsel for appellant.
Counsel for respondent alongwith Sh. Vijender
Singh Brijwasi, AE(B).
Status report filed. Copy supplied.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 25.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 802/13 22.01.2019
Present : Counsel for parties.
Sh. Ankur Tyagi, AE(B).
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 13.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 218/18 22.01.2019
Present : Sh. V.K. Arora, counsel for appellant.
Sh. H.R. Aggarwal, counsel for MCD
alongwith Sh. Anil Kanojia, L.I.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 22.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 784/16 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 14.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 936/17 & 800/17 22.01.2019
Present : Sh. S.D. Ansari, counsel for appellant.
Sh. H.R. Aggarwal, counsel for MCD.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 05.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 487/18 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 11.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 909/18 22.01.2019
Present : None for appellant.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 05.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 567/18 22.01.2019
Present : Counsel for parties.
Sh. V.K. Gupta, AE(B).
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 16.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 511/17, 337/17, 512/17, 338/17, 339/17, 623/17, 335/17 & 336/17 22.01.2019
Present : Sh. N.K. Bansal, counsel for appellant
alongwith appellant.
Sh. Dharamvir Gupta, counsel for MCD / Sh.
Naveen Grover, counsel for MCD.
Status report filed by the respondent in appeal no.
337/17, 338/17 & 335/17.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 11.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 604/18 to 607/18 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 19.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 990/16 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 577/16 22.01.2019
Present : Counsel for parties.
Ms. Garima Goel, counsel for intervener.
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 26.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 539/18 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 23.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 619/18 22.01.2019
Present : Sh. G.R. Verma, counsel for appellant.
Counsel for respondent.
Vakalatnama on behalf of appellant filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 15.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 887/18 22.01.2019
Present : Counsel for parties.
Vakalatnama of Sh. Dharamvir Gupta, on behalf of
respondent filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
M.No. 29/18 22.01.2019
Present : Sh. S.D. Ansari, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 19.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 344/18 22.01.2019
Present : Counsel for parties.
Sh. A.S. Meena, AE(B).
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 465/18 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 11.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 876/18 & 877/18 22.01.2019
Present : Sh. Tarun Aggarwal, proxy counsel alongwith
appellant.
Sh. Shashikant Sharma, counsel for MCD
alongwith Sh. Dev Kumar, EE(B) and Sh.
Manish Huria, AE(B).
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 29.01.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 540/18 to 551/18 22.01.2019
Present : Ms. Divya Upadhyay, counsel for appellant.
Sh. Mikhil Sharda, counsel for respondent
alongwith Sh. Manish Huria, AE(B).
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 03.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 310/17 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 21.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 249/17 22.01.2019
Present : Counsel for parties.
Sh. Manish Huria, AE(B).
Status report filed. Copy supplied.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 19.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 729/17 & 730/17 22.01.2019
Present : Sh. Jitender Verma, counsel for appellant.
Sh. Nitin Prakash, counsel for respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 23.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 309/12 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 26.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 1080/16 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 26.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 492/17 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 20.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 130/17 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 25.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 410/17 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 27.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 561/18 22.01.2019
Present : Appellant in person.
Sh. Ranjit Pandey, counsel for respondent
alongwith Sh. V.K. Singh, AE(B).
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 13.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 437/15 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 11.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 769/17 22.01.2019
Present : Counsel for parties.
Status report filed.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 12.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 589/18 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 08.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 629/18, 97/18 & M-23/18 22.01.2019
Present : Appellant in person.
Counsel for respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 21.02.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 162/16 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 12.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 627/18 22.01.2019
Present : Counsel for parties.
Status report filed by the respondent.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 18.04.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 787/16 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on 20.03.2019.
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on ……………..
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on ……………..
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 22.01.2019
Present : Counsel for parties.
Ld. Presiding Officer is on half day leave today
before lunch.
As prayed, put up this matter on ……………..
(READER) Appellate Tribunal:MCD
22.01.2019
A.No. 795/18 22.01.2019
Present : Sh. Pradhuman Singh, counsel for appellant.
Ms. Nagina Jain, counsel for MCD alongwith
Sh. V.K. Gupta, AE(B).
Ld. counsel for respondent states that respondent
has to file status report before the Hon’ble High Court on
12.03.2019 regarding property in question and seeks
adjournment to file detailed reply / status report regarding
maintainability of the present appeal.
Registrar is directed to attach the file of appeal
No.844/15 which was dismissed as withdrawn on
23.05.2016.
Put up this matter for filing of status report by the
respondent and arguments on 05.02.2019 at 1.00 p.m.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 29/19 22.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Ranjit Pandey, counsel for respondent
alongwith Sh. Manish Huria, AE(B) and Ms. Renu
Soni, Nodal Officer for SDMC.
Status report under the hand and signature of Dy.
Commissioner South Zone filed stating that on receiving
complaints from Special Task Force (STF), the impugned site
was inspected and found that the property abuts on notified
Commercial Street and owner/occupier was in process of putting
the premises into use for running gymnasium. Accordingly a
show cause notice u/s 345-A of the DMC Act dated 12.11.2018
was issued and the same has been served by way of pasting.
It is further submitted that no reply was received till
20.11.2018 and concerned field staff recommended sealing
action u/s 345A of the DMC Act as the official concerned was not
aware that the owner / user had filed reply on 19.11.2018 in the
Dak Section of the undersigned. Accordingly order u/s 345A of
the DMC Act was passed.
AE(B) concerned states that respondent is ready to give
fresh hearing and consider the reply filed by the appellant. He is
ready to make a statement in this regard.
Since the order has been passed by the Dy.
Commissioner, the said submissions / status report regarding
giving fresh hearing has to be made on behalf of the Dy.
Commissioner concerned.
Ld. counsel for respondent seeks adjournment to file the
said status report incorporating those facts for giving fresh
hearing and to consider the reply filed by the appellant.
Put up for filing the said status report under the hand and
signature of the Dy. Commissioner concerned.
Put up on 23.01.2019 at 2.00 p.m.
Copy of the order be given Dasti to both the parties, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 433/18, 435/18 & 436/18 22.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. Satender Singh, proxy counsel for Sh.
Ashutosh Gupta, counsel for MCD.
None for applicant.
Sh. Piyush Jain, counsel for DDA alongwith
Sh. Rakesh Kumar, Assistant Director (OSB),
DDA.
Vakalatnama on behalf of respondent DDA filed.
Vide order dated 03.01.2019, notice was issued to
DDA with the direction that Dy. Director (OSB) to appear in
person alongwith relevant record to clarify the source of
information on the basis of which the Dy. Director (OSB),
DDA in the letter dated 16.04.2018 has observed that DDA
cannot grant any NOC for any kind of construction activity at
the hospital being on the demarcated floor plains.
Ld. counsel for DDA seeks adjournment to file the
reply to the said direction as well as original record
pertaining to the facts and circumstances with regard to
above observations in letter dated 16.04.2018 on the
ground that file has been sent to Ministry of Urban
Development, Govt. of India for seeking opinion of Ld. ASG
with regard to opinion given by Ld. Senior counsel Sh.
Neeraj Krishan Kaul regarding same matter.
The file is stated to have been sent two months ago.
The present appeal is being heard finally with regard to
demolition / sealing proceedings.
No forwarding letter / proof of sending of file and its
purpose has been placed on record today. The present
matter is being delayed since 10th January for non-
submission / clarification regarding observation of letter
dated 16.04.2018, Dy. Director (OSB), DDA.
A.No. 433/18, 435/18 & 436/18 - 2 -
The Commissioner (Land Development), DDA and
Commissioner (Land Planning), DDA are directed to submit
necessary response / record within two weeks, failing which
they are directed to appear in person.
Copy of the order be given Dasti to Sh. Rakesh
Kumar, Assistant Director (OSB), DDA for placing the same
before both the above officers for compliance.
Put up this matter for compliance and further
proceedings / arguments on 11.02.2019 at 2.00 pm.
Copy of the order be given Dasti to all the parties, as
prayed. Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 51/19 22.01.2019
Present : Sh. B.S. Saini, counsel for appellant.
This is an appeal against demolition order dated
10.01.2019 wherein property has been booked for
unauthorized construction on account of deviations against
the completion plan dated 21.01.2009.
It is stated that the said demolition order was
received by the appellant on 16.01.2019.
Ld. counsel for appellant, at the very outset,
submitted that the appellant is ready to carry out rectification
of the alleged deviations and has also applied for
regularization of the same by submitting the necessary site
plan with the respondent on 18.01.2019.
It is further submitted that in case the alleged
unauthorized construction is not regularized by the
respondent, the appellant will remove the same within
reasonable time and bring the property within the
parameters of Sanctioned Building Plan.
Ld. counsel for appellant has prayed for ex-parte stay
against the respondent restraining them from carrying out
demolition / sealing proceedings.
It is further submitted that the appellant is running a
school in the name of the Indian School in the premises and
in case the injunction is not granted, the respondent will
damage the school and it will cause the hindrance to the
study of 3000 students.
In view of the submissions of the appellant, in case
the regularization application is not allowed, the appellant
will himself / itself remove the alleged unauthorized
construction within a reasonable time;
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear in person alongwith entire record of the
A.No. 51/19 - 2 -
proceedings, status report and reply of the appeal on date
fixed. Record be deposited immediately in the Tribunal.
In the meantime, respondent is restrained from taking
any coercive action in the property of the appellant i.e.
Indian School, Josip Broz, Tito Marg, Sadiq Nagar, New
Delhi in pursuance of impugned order till next date of
hearing.
However, this order is subject to any order passed by
the Hon’ble Supreme Court / Hon’ble High Court / Hon’ble
NGT about sealing and demolition in respect of the property
in question.
Appellant is directed to file affidavit giving details of
construction with measurements of the existing construction
alongwith existing site plan and photographs of the property
in question within five working days, failing which stay order
granted shall deemed to be vacated.
Copy of the affidavit will be provided to concerned
AE(B) by the appellant, who shall verify whether details of
construction mentioned in the affidavit is correct or not.
Appellant is also directed not to carry out any
addition, alteration, repair or construction and shall also not
create any third party interest in the property in question.
Put up this matter for filing of status report, record by
the respondent on 25.02.2019.
Copy of the order be given Dasti to counsel for
appellant, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 36/19 22.01.2019
Present : Sh. G.R. Verma, counsel for appellant.
Fresh appeal against demolition order dated
04.10.2017 has been filed alongwith application seeking
condonation of delay.
Ld. counsel for appellant has requested to adjourn
the matter with connected appeal on 27.03.2019.
Issue notice of the appeal and application for
condonation of delay to the respondent through concerned
Chief Law Officer. AE(B) is directed to appear in person
alongwith entire record of the proceedings, status report and
reply of the appeal on date fixed. Record be deposited
immediately in the Tribunal.
Put up this matter on 27.03.2019. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 40/19 22.01.2019
Present : Sh. Dheeraj Kumar Singh, counsel for
appellant.
Appeal has been filed against sealing order dated
29.12.2017.
It is stated that vacation notice is not yet issued. It is
further stated that the demolition proceeding has already
been challenged in the appeal bearing no. 449/15 and
450/15 which are listed for 20.02.2019.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear in person alongwith entire record of the
proceedings, status report and reply of the appeal on date
fixed.
Put up this matter on 20.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
Contempt No. 01/19 in Appeal No. 317/15 22.01.2019
Present : Sh. I.A. Khan, counsel for appellant.
A contempt application is moved against the
respondent Sh. Raj Kumar, for violation of order of this
Tribunal dated 27.09.2017.
It is stated that MCD has granted permission to raise
the construction at first floor wherein respondent is not
allowing the construction despite giving three notices by
counsel for appellant in writing.
Let notice of this application be issued to the
respondent for 05.03.2019.
Notice as well as copy of this order be given Dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019
A.No. 667/18 22.01.2019
Present : Sh. Aditya Singh with Sh. Shushant Kumar,
counsel for appellant.
File taken up today on an application moved on
behalf of the appellant for recalling of order dated
26.11.2018 on the ground that the respondent has filed
false status report with regard to misuse of the premises by
the appellant and the appellant is not liable to pay any
misuse / penalty charges.
At this stage, Ld. counsel for appellant submits that
appellant be directed to file objections to the said status
report and the appellant does not press the present
application for recalling of order dated 26.11.2018.
The appellant is always at liberty to file objections to
the status report as well as calculation of misuse / penalty
charges, if any, by the respondent as directed in the order
dated 26.11.2018.
The said liberty is granted to the appellant. The
application is dismissed as withdrawn.
Adjourned for date already fixed i.e. 02.07.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 22.01.2019