11.11.2021 present : sh.ry kalia, ld counsel for the
TRANSCRIPT
A.No. 387/21 11.11.2021 Present : Sh.RY Kalia, Ld counsel for the appellants.
Sh. Naveen Grover, Ld counsel for the respondent with Sh.
Rajiv Garg, ALO.
Record has been produced. It be deposited with Registry.
The status report has been filed. Copy supplied.
Ld counsel for the appellants submits that all the household
material including more than 15000 books and the
documents are lying in the property in question and that the
appellants are the Advocates by profession. Ld counsel for
appellants also submits that the appellants shall remove
their goods which are lying in the property at their own risk
and expense and for the aforesaid purpose the property of
appellants may be ordered to be temporarily desealed.
Ld counsel for the respondent submits that the department
does not have any objection to the removal of goods by the
appellants from their portion on third floor in property
bearing no. 6, Shamnath Marg, Civil Lines, Delhi.
Considering the facts and circumstances and in the interest
of justice, the application moved on behalf of appellants is
hereby disposed of and it is ordered that only the portion of
appellants i.e 3rd
floor in property bearing no. 6, Alipur
Road, Shamnath Marg, Civil Lines, Delhi be temporarily
deseled w.e.f 17.11.2021 till 07.12.2021 for removal of
goods of the appellants lying therein. The portion of the
appellants in the property shall be desealed on 17.11.2021
at 11.00 am and the same shall be resealed on 07.12.2021
at 4.00 pm. It is also ordered that the remaining portion in
the property in question from basement till second floor shall
remain sealed and the same shall not be desealed in the
garb of present order.
Put up for arguments on 11.02.2022.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 395/21 11.11.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
None for the respondent.
Issue fresh notice of the appeal and the applications to
the respondent through concerned CLO and AE(B) is
directed to appear with record regarding rejection of
regularization proceedings for 17.11.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 290/21 11.11.2021
Present : Sh.VP Rana, Ld counsel for the appellant.
None for the respondent.
Put up for date fixed i.e 24.11.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 318/21, 319/21, 320/21, 312/21 & 310/21 11.11.2021
Present : Ms. Neena Malhotra, Ld counsel for the appellant.
Sh. Ashutosh Gupta, Ld counsel for respondent with Sh.
Rajiv Garg, ALO.
Ld counsel for the respondent submits that the
application seeking early hearing is not maintainable as
no reason has been mentioned in the application seeking
early hearing.
Per contra, Ld counsel for appellant submits that the
appellant was earlier contesting the civil suit before the
Court of Sh. Addl. Senior Civil Judge, Central District and
was having the stay in her favour, however, the aforesaid
suit was dismissed on 05.10.2021 as per section 347E
DMC Act and hence, the application for early hearing has
been filed.
In the interest of justice, put up for arguments on the
interim application on 23.11.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 82/21 11.11.2021
Present : Sh. Sahil Gupta, Ld counsel for the appellant.
Sh. Ashutosh Gupta, Ld counsel for the respondent MCD.
Sh. DS Dalal, Ld counsel for the proposed respondent
no. 2 Kavita Sharma.
The notice of the application u/s 151 CPC for bringing on
record the order dated 10.03.2021 in FAO (OS) 20 of
2021 passed by Hon’ble Delhi High Court and for
appropriate directions was issued to respondent no. 2
Kavita Sharma and an application for impleading Mrs.
Kavita Sharma as respondent no. 2 in the present appeal
has also been filed by the appellant.
Ld counsel for the appellant submits that the correct date
of order in FAO (OS) 20 of 2021 passed by Hon’ble Delhi
High Court is 25.10.2021 and he will supply the copy of
both the orders to the opposite counsels within two days
from today.
Let the copies be supplied and matter be relisted for
arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 113/21 11.11.2021
Present : None for the appellant.
Sh. Ashutosh Gupta, Ld counsel for the respondent.
The record has already been filed.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 716/18 Subhash Vs. North DMC 11.11.2021 Statement of Sh. Sandeep Sharma, Licensing Inspector, Karol Bagh Zone, Delhi. On SA The property in question i.e Ground Floor of property no.
2719, Gali No. 7, Chuna Mandi, Paharganj, Delhi-110055 is not the
subject matter of 21960 units regarding which an affidavit was filed by
Commissioner, MCD before Hon’ble Supreme Court in writ petition (C)
no. 4677/85 titled as MC Mehta Vs. UOI. The appellant has also
deposited the misuse charges to the tune of Rs. 44307/- vide G-8 receipt
no. 40585 dated 28.02.2019 and nothing remains due and the respondent
department does not have any objection to the desealing of the property
in question.
RO & AC
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 29-SCM-13 11.11.2021
Present : Sh. Sanjeev Kumar Dubey, Ld Sr.Advocate with Sh.
Rajmangal Kumar, Ld counsel for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
None for the Monitoring Committee and the notice issued
to the Monitoring Committee has not been received back.
The status report has been filed on behalf of the
respondent. Copy supplied.
Ld Sr.Advocate for the appellant seeks time to file reply
thereto.
Issue fresh notice to the Monitoring Committee for
11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 212/21 11.11.2021
Present : Sh. Vikrant Pandit, Ld counsel for the appellant through
VC.
Sh. SA Hussain, Ld counsel for the respondent.
Fresh V/N filed by Ld counsel for respondent. It be taken
on record.
Ld counsel for respondent seeks time to file the record.
Let the AE(B) be summoned with record for 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 693/18 11.11.2021
Present : None for the appellant despite notice.
Sh. HR Aggarwal, Ld counsel for the respondent.
The appellant has not appeared despite service of court
notice.
It is 2.15 pm now.
Hence, the present appeal stands dismissed for non
prosecution and consequently, the impugned order
stands confirmed.
Record of the respondent if any be returned alongwith
copy of this order and file be consigned to record
room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 60/21 Varun Tanwar & Anr Vs. North DMC 11.11.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. Ashutosh Gupta, Ld counsel for the respondent.
The status report has been filed according to which the
non compoundable deviations in the property in question
i.e 3rd floor of property bearing no. UU151, Pitampura,
Delhi have been removed by the appellant.
Ld counsel for respondent submits that since the all non
compoundable deviations have been removed by the
appellant as per the status report filed on behalf of AE(B)
today, the regularization application moved by the
appellant can be considered by the department.
At this stage, Ld counsel for appellant submits that the
matter may be remanded back and directions may be
given to the respondent to consider the regularization
application.
In view of the facts and circumstances, status report filed
today, the appeal stands disposed of and the impugned
order dated 11.08.2020 vide which the application for
regularization of 3rd floor of property bearing no. UU151,
Pitampura, Delhi was rejected is hereby set aside and
matter is remanded back to the Quasi Judicial Authority
to decide the regularization application afresh. The
appellant shall appear before the Quasi Judicial Authority
on 25.11.2021 at 3.00 pm for hearing and the Quasi
Judicial Authority shall pass the fresh speaking order qua
the regularization within 02 months thereafter.
Record of the respondent if any be returned and file be
consigned to record room.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 271/21
11.11.2021
File again taken up at 2.10 pm on appearance of appellant who filed an application for taking out goods such as cloths and readymade garments etc, from the sealed shop.
Present : Appellant in person.
None for the respondent.
An application on behalf of appellant has been filed for
taking out goods such as cloths and readymade
garments etc, from the sealed shop.
Issue notice of the instant application to the respondent
for 03.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 695/19 11.11.2021
Present : Sh. Karanpreet Singh, Ld counsel for the appellant.
Sh. Sanjay Sethi, Ld counsel for the respondent.
The record has not been filed.
Let the LI be summoned with record for 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
Misc in A.No. 82/20 11.11.2021
Present : Sh. Vijay Aggarwal, husband of appellant in person.
Sh. Rajiv Garg, ALO for the respondent with Sh. GS
Brijwasi, AE(B).
Sh. Amit Mehra, Ld counsel for applicant with applicant.
It is submitted by AE(B) that a fresh demolition order u/s
343 DMC Act dated 09.11.2021 has been passed and the
action shall be taken as per law.
Copy of the order dated 09.11.2021 has been supplied to
Sh. Vijay Aggarwal, husband of the appellant.
In these circumstances, the miscellaneous file stands
disposed of.
File be sent back to Record Room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 32/19 (M) & 551/19 11.11.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. HR Aggarwal, Ld counsel for the respondent.
Fresh V/N filed by Ld counsel for respondent. It be taken
on record.
Ld counsel for appellant seeks an adjournment for
arguments.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 529/19 & 530/19 11.11.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
Ms. Jyoti, Ld proxy counsel for applicant.
Ld counsel for appellant seeks an adjournment to file the
reply to the application u/O 1 Rule 10 CPC.
Appellant is directed to file the completer chain of
documents regarding the ownership of the property in
question.
Put up for arguments on the application u/O 1 Rule 10
CPC as well as for filing of title documents on
11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 219/19 11.11.2021
Present : Clerk for counsel for appellant.
Sh. HR Aggarwal and Ms. Vasu Singh, Ld counsels for
the respondent with Sh. PK Sharma, AE(B).
The status report regarding the action taken in the
property in question has been filed.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 118/17 & 119/17 11.11.2021
Present : Sh. Manish Vats, Ld counsel for the appellants Ram
Niwas and Chand Ram.
Sh. Dharamvir Gupta, Ld counsel for the respondent with
Sh. RK Verma, AE(B), Sh. SK Chauhan, EE(B) and Sh.
VK Mantoo, DLO.
Ld counsel for appellants submits that he has instructions
to withdraw both the appeals as the appellants do not
wish to contest the impugned orders.
DLO Sh. VK Mantoo submits that the appellants have not
filed any appeal against the demolition order dated
02.07.2014 and sealing order dated 10.09.2014.
In view of the facts and circumstances, both the appeals
stand dismissed as withdrawn.
Respondent MCD is at liberty to take action as per law
qua the property in question.
Record of the respondent, if any, be returned alognwith
copy of this order and files be consigned to record
room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 236/18 11.11.2021
Present : Sh. Mohit Sharma, Ld proxy counsel for the appellant.
Sh. Krishan Keshav, Nodal Officer for the respondent
with Sh. Anil Kumar, AE(B).
AE(B) seeks time to file the status report in compliance of
previous order.
Put up for aforesaid purpose on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 81/14 11.11.2021
Present : Sh. Rohit Jain Ld counsel for the appellant through VC.
Sh. Dharamvir Gupta, Ld counsel for the respondent.
Ld counsel for appellant submits that the permission for
the tower in question has been applied for and the same
is awaited from the respondent.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 294/14 11.11.2021
Present : Sh. Rohit Jain Ld counsel for the appellant through VC.
Sh. VK Aggarwal, Ld counsel for the respondent.
Ld counsel for appellant submits that the permission for
the tower in question has been applied for and the same
is awaited from the respondent.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 318/12 & 186/10 11.11.2021
Present : Sh. Rohit Jain Ld counsel for the appellant through VC.
Sh. VK Aggarwal, Ld counsel for the respondent.
The status report has been filed.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 382/21 11.11.2021
Present : Appellant with Ld counsel Sh. Zaffar Abbas.
Sh. Vinay Rathi, Ld counsel for the respondent.
The status report has been filed. Copy supplied.
Ld counsel for appellant submits that the appellant has
been residing in the property bearing LIG Flat No.
A3/126/1, Sector-7, Rohini, Delhi and no new
construction in the said flat has been done by the
appellant and the small residential flat of the appellant
has been booked as the ground floor owner filed a civil
suit against the appellant herein which is pending in the
Court of Ld. SCJ, North-West, Rohini Courts, Delhi.
Ld counsel for respondent submits that though as per the
FIR the property was residentially occupied and no fresh
construction was being done, however, there are
deviations in the said flat against the standard plan of
DDA, hence, the property in question has been booked.
Ld counsel for appellant submits that the appellant has
relied upon various documents including the electricity
bills with energisation date of 26.07.1989, however, the
aforesaid documents have not been considered by the
department while passing the impugned demolition order
dated 23.05.2019. Ld counsel for the appellant submits
that even the extent of unauthorized construction in the
LIG flat of the appellant has not been mentioned in the
show cause notice or the demolition order.
Considering the facts and circumstances and in the
interest of justice, the respondent shall not take
demolition action qua the property in question ie. LIG Flat
No. A3/126/1, Sector-7, Rohini, Delhi till the NDOH.
However, this order is subject to any order passed by the
Hon’ble Supreme Court/Hon’ble High Court/Hon’ble NGT
-2-
regarding 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 07 working days from
today failing which stay order granted shall deemed to be
vacated.
Copy of this affidavit will be provided to the 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 for arguments on 11.02.2022.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 718/13 11.11.2021
Present : Ms. N Sehar, Ld proxy counsel for the appellant.
Sh. Harbansh Kaushal, Ld counsel for the respondent.
Put up for arguments on 10.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 05/20 (M) 11.11.2021
Present : Sh. Gaurav Sharma, Ld proxy counsel for the appellant.
Sh. Rajiv Garg, ALO for the respondent.
Main counsels for both the parties are not present.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 237/15 & 151/17 11.11.2021
Present : Sh. Abhishek Gupta, Ld counsel for the appellant.
Sh. Vikas Gupta, Ld counsel for the respondent.
Put up for arguments on 09.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 323/18 11.11.2021
Present : Sh. JK Sharma, Ld counsel for the appellant.
Ms. Nagina Jain, Ld counsel for the respondent.
Memo of appearance filed by Ld counsel for appellant
and an adjournment is sought for arguments.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 447/17 11.11.2021
Present : Sh. Atul Verma, Ld counsel for the appellant.
Sh. Rajiv Garg, ALO for the respondent.
Sh. Ajay Laroia, Ld counsel for respondent no. 2
Ld counsel for the respondent MCD is not available
today.
Put up for arguments on 11.02.2022.
Interim orders, if any, to continue till next date.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 590/16 11.11.2021
Present : Sh. Anuj Garg, Ld counsel for the appellant.
Sh. AL Agnihotri, Ld counsel for the respondent.
Ld counsel for appellant submits that the previous cost
has been deposited and he will file the written
submissions.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 291/21 11.11.2021
Present : Ms. Kumud L. Das, Ld counsel for the appellant.
Sh. VK Sharma, ALO for the respondent no. 1 and 2
(EDMC) with Sh. SK Jain, AE(B).
Sh. Shreshth Jain, Ld counsel for respondent no. 3, 4, 6 &
7.
The brief notes regarding the submissions on behalf of
appellant has been filed by Ld counsel for appellant.
The reply has been filed on behalf of respondent no.
3,4,6 and 7.
Another application u/O 1 Rule 10 CPC for deletion of
Ms. Shweta Sharma (respondent no. 5) from the array of
parties has been filed by Ld counsel for applicant.
Another application on behalf of applicant Bhupesh Ahuja
has been filed for his impleadment as appellant no. 2 in
the present appeal.
The present appeal has been filed by appellant Manoj
Mittal who is the resident of Flat No. 119, Himvarsha
Apartment, Plot no. 103, IP Extension, Patparganj, Delhi-
110092 who has challenged the impugned sanctioned
letter dated 27.01.2021 vide reference no. EE(B)-
I/Shah(S)/2020-21/D-282 dated 27.01.2021 and it is
alleged by the appellant as well as his counsel that the lift
which is being installed in the premises of Himvarsha
Apartment is not being constructed as per norms and
hence, it is prayed that the sanction granted by the
respondent MCD for installation of lift vide letter dated
27.01.2021 may be quashed with an additional relief to
direct the respondent no. 3, 4, 6 & 7 to restrain from
construction of lift and to re-do the flooring of the place in
its original position. It is alleged by Ld counsel for the
appellant that the lift under construction is in violation of
-2-
DDA policy dated 18.02.2016 as ‘lift well’ constructed is
not abutting the blind wall and the natural light, ventilation
and the movement of the members of the society is
affected. It is further alleged that the appellant came to
know that the permission/NOC for the lift was granted on
revised plan vide file no. 3256 dated 21.12.2020 without
GBM/AGM conducted by BRCGHS and consent of 50%
of the flat owners has not been obtained as per
requirement and EDMC ought to have revoked the
permission/NOC as per clause 4 of the letter dated
27.01.2021. It is also alleged that the lift in question is
being constructed by two society members misusing their
position as President and office bearer of the Managing
Committee of BRCGHS.
Per contra, reply on behalf of respondent no. 3, 4, 6 & 7
has been filed and it is alleged that the appellant has no
locus standi to file the present appeal as he is pursuing
the present case for the flat no. 10, Himvarsha Apartment
whereas the appellant is admittedly residing in Flat No.
119, Himvarsha Apartment. It is alleged that the present
appeal is just an abuse of law and to harass the old aged
respondent no. 3, 4, 6 & 7 and their respective family
members despite the fact that the construction of lift is
going-on as per the revised sanction letter dated
08.07.2021. It is also alleged that respondent no. 4, 6 and
7 are senior citizens (retired from Defence) and they are
peace loving and law abiding citizens who are residing at
the 3rd/2nd Floor in their respective blocks in Himvarsha
Apartment and respondent no. 4 is having his 90 years
old father and respondent no. 7 is aged 82 years and
respondent no. 6 is having the age of 85 years and has
gone through knee replacement and they are not able to
take the stairs all the time. Ld counsel for the
respondents submits that the lift in question is being
-3-
constructed after taking the proper sanction from the
respondent MCD and the construction of life which is as
per sanction accorded by the respondent MCD may not
be stopped.
AE(B) submits that he has not physically inspected the
spot to verify as to whether lift in question is being
constructed as per norms and permission granted vide
revised sanction letter dated 08.07.2021.
Considering the facts and circumstances, I am of the
opinion that the physical inspection of the spot by the
AE(B) is required to be done before proceeding further in
the present appeal.
Accordingly, the AE(B) is directed to conduct the physical
inspection of the alleged lift which is being constructed
pursuant to the revised sanction letter dated 08.07.2021
on 22.11.2021 and to file the report before this Tribunal to
clarify as to whether the lift in question is being
constructed as per norms and policy and in accordance
with conditions provided in the aforesaid sanction letter,
on 22.12.2021.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 124/15 11.11.2021
Present : Sh. SP Bansal, Ld counsel for the appellant.
Ms. Nagina Jain, Ld counsel for the respondent.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 239/17 11.11.2021
Present : Sh. Ajit Singh, Ld counsel for the appellant through VC.
Sh. Mohit Sharma, Ld counsel for the respondent.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 348/18 & 349/18 11.11.2021
Present : Sh. JK Jha, Ld counsel for the appellant.
Sh. Madan Sagar, Ld counsel for the respondent.
Let the copy of status report which has already been filed
be supplied to Ld counsel for appellant.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 594/11 11.11.2021
Present : Sh. Hardeep Singh, husband of the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
Put up for arguments on 11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 348/11 11.11.2021
Present : None for the appellant despite court notice.
Sh. VK Aggarwal, Ld counsel for the respondent.
The appellant has not been appearing in this case and as
per report on court notice the appellant has died.
Hence, the present appeal stands dismissed for non
prosecution and consequently, the impugned order
stands confirmed.
Record of the respondent if any be returned alongwith
copy of this order and file be consigned to record
room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 394/11 11.11.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
Put up for arguments on 11.02.2022.
Interim orders, if any, to continue till next date.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 869/18 11.11.2021
Present : None for the appellant.
Sh. Krishan Keshav, Nodal Officer for the respondent.
Sh. Mahinder Kumar Madan, Ld counsel for applicant.
The appellant has not been appearing in this case.
It is 2.10 pm now.
The appellant does not seem to be interested in pursuing
his case. Hence, the present appeal stands dismissed for
non prosecution and consequently, the impugned order
stands confirmed.
Record of the respondent if any be returned alongwith
copy of this order and file be consigned to record
room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 392/21 11.11.2021
Present : Ms. Archana Sharma, Ld counsel for the appellant.
Fresh appeal filed u/s 347 of the DMC Act against the
show cause notice dated 30.07.2021 qua the property
bearing no. WZ-24, Gurdwara Road, Raj Nagar-II, Palam
Colony, Delhi alongwith application for stay and
condonation of delay. Be checked and registered.
Notice of the appeal and applications be issued to the
respondent through concerned Chief Law officer. AE(B)
is directed to be present with the record of the
proceedings, status report and reply on next date.
Be listed for arguments on the application for interim stay
and condonation of delay on 30.11.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 20/21 (M) 11.11.2021
File taken up today on an application seeking restoration of the present appeal.
Present : Sh. Sushil Sharma, Ld counsel for the appellant.
None for the respondent.
An application seeking restoration of the present appeal
has been filed on behalf of appellant.
Issue notice of the application to the respondent for
11.02.2022.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021
A.No. 396/21 11.11.2021
Present : Sh. Jairam, Ld counsel for the appellant.
Fresh appeal filed u/s 343 (2) of the DMC Act against the
order of demolition dated 24.08.2020 qua the property
bearing no. B2/188, Paschim Vihar, Delhi alongwith
application for stay. Be checked and registered.
Ld counsel for the appellant submits that the substantial
action qua removal of unauthorized construction has
already been taken by the respondent and today the
action is fixed for further demolition of the property in
question. Ld counsel submits that the copy of sanctioned
building plan is annexed with the appeal filed today and
the existing structure in the property in question is
compoundable.
Notice of the appeal and application be issued to the
respondent through concerned Chief Law officer. AE(B)
is directed to be present with the record of the
proceedings, status report and reply on next date.
Be listed for arguments on the application for interim stay
on 17.11.2021.
Till then status quo shall be maintained qua the
abvoesaid property in question.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
11.11.2021