amcdonline.gov.in/at/dailyordersnew/337_25.05.2018.pdf2018/05/25 · bagh, chandni chowk, delhi-06...

A.No. 308/18 25.05.2018

Present : Appellant with counsel Sh. Vikas

Vishwakarma.

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

Sh. P.K. Pandey,AE(B) and Sh.

C.S.Tiwari./JE (B).

It is pointed out that service has not been properly

affected / delivered as it was delivered to Zonal office and

not to Chief Law Officer concerned. However, record has

been produced by concerned JE(B)/AE(B).

Sh. Raj Bhushan, JLO from EDMC is present and he

will intimate the concerned Chief Law Officer for

appointment of municipal counsel.

Status report filed. As per status report, inspection

was carried out on 09.05.2018 by JE (Conversion) and

measurement was taken and found that area of 30 sq.

meters was being used for commercial purpose. The

property no. 12/150, Geeta Colony is situated on non-

notified road and small shop up to 20 sq. meter is permitted

as per MPD-2021. Copy of status report supplied to counsel

for the appellant.

Put up for filing objections if any/arguments on

24.07.2018.

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

Appellate Tribunal:MCD 25.05.2018

A.No. 305/18 25.05.2018

Present : Sh. Dalip Rastogi, counsel for appellant.


Memo of appearance on behalf of respondent filed.

Status report filed. It is stated in the status report that

owner Sh. Rupesh Jain and Sh. Mohit Jain carried out

unauthorized construction in property no. 1246, Kacha

Bagh, Chandni Chowk, Delhi-06 from first floor to fourth

floor without obtaining sanctioned building plan. Show

cause notice was issued on 29.12.2017 to which no reply

filed and accordingly demolition order dated 05.01.2018 was

issued. However, sealing show cause notice dated

26.03.2018 was also issued and pasted at the premises.

The property has been sealed on 08.05.2018 and at present

it was lying sealed.

Counsel for the appellant submitted that Sh. Rupesh

Jain has nothing to do with the property and Sh. Mohit Jain

and others are the owners of the property. It is submitted

that since property lying sealed, therefore during the hearing

of this appeal respondent be restrained from carrying out

demolition in pursuance to order dated 05.01.2018.

It is submitted on behalf of respondent that

construction has been carried out unauthorizedly and there

are no grounds for staying the demolition.

It is argued on behalf of appellant that show cause

notice for sealing was given and no show cause notice has

been for demolition order. Reply to sealing notice was filed

before the concerned Dy. Commissioner but no sealing

order dated 08.05.2018. It is stated that no reply has been

filed, which is contrary to the record. It is further submitted

that notice for demolition was never received by the

appellant.

-2-

It is stated on behalf of respondent that notice was

sent by speed post. No record for service produced.

In view of the facts and circumstances, respondent is

restrained from carrying out demolition action in the property

of the appellant bearing no. 1246, Kacha Bagh, Chandni

Chowk, Delhi-06 in pursuance to impugned order dated

05.01.2018 till next date of hearing.

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 two weeks, failing which stay order

granted shall be deemed to be vacated.

Copy of the affidavit will be provided to concerned

AE(B), 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.

However, this order of this Tribunal is subject to any

Order passed by the Hon’ble Supreme Court or Hon’ble

High Court for demolition qua the property in question with

regard to the subject property.

Record be deposited with the Registry of this

Tribunal.

Put up for arguments on 18.09.2018.

Copy of the order be given dasti to counsel for

parties, as prayed.



A.No. 306/18 25.05.2018



Put up with connected case on 18.09.2018.



A.No. 117/17 & 929/17 25.05.2018

Present : Appellant in person.

Ms. Manjusha Jha, counsel for MCD.

Status report filed stating that in pursuance to order

dated 01.2.2017 in appeal no. 713/17, respondent/SDMC

has decided the regularization application of the appellant.

Regularization application was not found maintainable and

has been rejected and the reasons conveyed vide letter

dated 22.05.2018. Copy annexed herewith. Copy of the

status report supplied to the appellant.

In the rejection order it is stated that development

control norms in respect of Defence Colony Market are

governed by Standard Plan, which laid down provision of

Ground Floor, First Floor and Barsati Floor. There remains

nothing compoundable/permissible beyond the standard

plan. Any structure/coverage beyond the standard plan are

non-compoundable. Evidently, there is excess coverage at

second floor and third floor is absolutely unauthorized. As

per policy, as long as any structure consists of non-

compoundable structure, the same cannot be considered for

regularization. He is required to remove third floor and to

rectify the second floor to bring the same as per standard

plan.

Appellant seeks adjournment on the ground that his

counsel is not available.

Put up for final arguments on 10.10.2018.



A.No. 81/14 & 294/14 25.05.2018

Present : Sh. Gaurav Jain, counsel for appellant.

Sh. Dharamvir Gupta / Sh. V.K. Aggarwal,

counsel for MCD.

Adjournment sought by Ld. counsel for appellant for

arguments after taking instructions as the tower in question

is lying sealed.

Put up this matter for arguments on 12.10.2018.



A.No. 216/14 25.05.2018


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

Sh. Rajiv Garg, Nodal Officer for North DMC.

Ld. Counsel for appellant submits that he has been

informed by the appellant company that they have applied in

pursuance of previous order of this Tribunal dated

24.01.2018.

It is submitted by the ld. Counsel for respondent that

as per the instructions, no such fresh application has been

received.

In case, the appellant has not complied the order

dated 24.01.2018, respondent will be at liberty to take action

in pursuance of the impugned order as per law.

At this stage, ld. Counsel for appellant submits that in

case appellant company has not filed the application, the

same will be filed within two weeks.

Put up this matter for filing of status report by the

respondent and arguments on 25.09.2018.

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

as prayed.



A.No. 955/15 & 631/13 25.05.2018


Sh. Mohit Sharma, counsel for MCD.

Status report filed by the respondent.

It is submitted on behalf of the appellant that

appellant company is in the process of dismantling the

tower in question and for that reason order dated

24.01.2018 has not complied.

It is further submitted that dismantling of the tower

will take place only after settlement with the landlord / owner

and that process is not yet completed.

Appellant may take necessary steps within four

weeks.

Put up this matter for disposal of the appeal /

withdrawal of the appeal on 17.09.2018.



A.No. 92/17, 955/16 & 956/16 25.05.2018

Present : Sh. Neeraj Dubey, counsel for appellant.

Ms. Akansha Dhammi / Sh. V.K. Aggarwal,

counsel for MCD.

Ld. Counsel for appellant submits that they will file

fresh application within one month.

As per the status report filed today the appellant has

not complied the previous order within two months in

compliance of the settlement in the Hon’ble High Court in

LPA No. 572/2011 titled as MCD Vs Cellular Operators

Association of India copy of order dated 28.08.2017.

Necessary steps be taken by the appellant within four

weeks, failing which adverse order will pass on next date of

hearing.


respondent on 16.08.2018.



A.No. 1040/17 & 1041/17 25.05.2018

Present : Sh. M.N. Khan, proxy counsel for Sh. M.S.

Khan, counsel for appellant.

Ms. Vimpi, proxy counsel for Sh. Vikas Gupta,

counsel for MCD.




A.No. 965/14 & 966/14 25.05.2018

Present : Sh. M.N. Khan, proxy counsel for Sh. M.S.

Khan, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.




A.No. 802/13 25.05.2018

Present : Sh. Hari Kishan, counsel for appellant.

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

Sh. Abdul Haq, JLO.

Status report filed where it is stated that the property

was inspected on 20.02.2018 in presence of the owner and

Architect who has agreed to provide the site plan of the

property but the same was never provided till date,

therefore, the excess coverage could not be pointed out.

It is submitted by the counsel for appellant that such

requirement will be completed within a week, thereafter,

respondent is directed to decide the application for

regularization positively by next date of hearing.





A.No. 294/17 25.05.2018

Present : Sh. Pradeep Kumar Mishra, counsel for

appellant alongwith appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

Status report filed mentioned that the application for

regularization has been rejected and the rejection order has

been conveyed to the appellant on 12.01.2018.

It is stated that the application for regularization has

been listed for reconsideration in compliance of the new

norms of MCD for regularization of such properties.

Respondent is directed to file further status report, if

any, whether the regularization of the property in question is

under consideration or not.





A.No. 191/15 25.05.2018

Present : Sh. T.C. Gupta, counsel for appellant.


Status report filed. Copy supplied.

It is stated that inspection of the property bearing no.

7/476, Anaj Mandi, Shahdara, Delhi-110032, the

measurement of existing construction was found

approximately same as given in the affidavit.

The property in question falls in the list of 135

urbanized villages, “Shahdara” which is urbanized village.

No demolition action has been taken against the property

no. 7/476, Anaj Mandi, Shahdara, Delhi-110032 in

pursuance of the demolition order dated 09.05.2012.

AE(B) is not present as he has personally appear in

Karkardooma Court.

Put up this matter for final arguments on 24.09.2018.



A.No. 580/12 25.05.2018

Present : None for appellant.


As per previous order, appeal is pending before Ld.

District & Session Judge and next date is not informed by

any of the parties.

Put up this matter on 25.09.2018.



A.No. 176/18 25.05.2018


This is an appeal against regularization vide

impugned order dated 23.03.2018.

Issue notice of the appeal and application to the

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

directed to file entire record of the proceedings and reply of

the appeal on date fixed. Record be deposited immediately

in the Tribunal.




A.No. 212/18 25.05.2018

Present : Sh. Dalip Rastogi, counsel for appellant

alongwith appellant.

This is an appeal against the sealing of the property

on 23.11.2017. Copy of the sealing order is not placed on

record on the ground that same was not supplied to the

appellant vide letter dated 03.01.2018.

An application for condonation of delay is also moved

by appellant.

Issue notice of the appeal and application for

condonation of delay to the respondent through concerned

Chief Law Officer. AE(B) is directed to file entire record of

the proceedings and reply of the appeal on date fixed.

Record be deposited immediately in the Tribunal.




A.No. 222/18 25.05.2018


This is an appeal against the sealing order dated

09.11.2017. Advocate is not available.

Put up this matter for arguments on maintainability of

appeal on 12.07.2018.



A.No. 224/18 & 225/18 25.05.2018

Present : Sh. Daman Popli, counsel for appellant

alongwith appellant.

This is an appeal against the show cause notice

dated 15.02.2018. Nowhere in the appeal it is mentioned

that demolition order has been passed.





in the Tribunal.

Put up this matter on 29.08.2018. Notice be given

Dasti, as prayed.



A.No. 393/16 & 394/16 25.05.2018

Present : Sh. Gurpreet Singh, counsel for appellant.

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

A reply to the objections dated 23.01.2017 filed.

Copy supplied.

Put up this matter for final arguments on 13.08.2018.

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



A.No. 215/18 25.05.2018

Present : Sh. Deepak Mehra, counsel for appellant.

This is an appeal against the sealing action of the

property on 21.11.2016.

Issue notice of the appeal and application for

condonation of delay to the respondent through concerned

Chief Law Officer. AE(B) is directed to file entire record of

the proceedings and reply of the appeal on date fixed.

Record be deposited immediately in the Tribunal.




A.No. 179/18 to 181/18 25.05.2018

Present : Ms. Neha Kapoor, counsel for appellant.

Sh. Nitesh Gupta, counsel for respondent with

Sh. Sanjeev Jain, AE(B).

Memo of appearance on behalf of respondent filed.

Status report not filed. Record has been produced.

Let the same be filed with the registry of this Tribunal.

This is an appeal against the show cause notice

dated 25.01.2018 and demolition order dated 06.02.2018

which is stated to have been received during the

proceedings in Writ Petition (C) No. 1992/2018.

It is stated that show cause notice and demolition

order was never served upon the appellant.

Ld. Counsel for respondent, on the other hand,

submitted that show cause notice as well as demolition

order has been served by speed post and pasting as the

same as no one was present at the site when the impugned

notice / order was pasted.

In the record produced today, there is no report

regarding sending of the notice as well as demolition order

by speed post.

Ld. Counsel for respondent states that they will file

the said alongwith status report.

The concerned AE(B) states that he has recently

joined on 18.05.2018 and seeks time to file the status

report.

Ld. Counsel for appellant pointed out that in the Writ

Petition (C) filed by the appellant status quo / stay order

granted by the Hon’ble High Court till 15.05.2018. It is

stated that protection granted by the Hon’ble High Court

vide order dated 01.03.2018 was continued till the party

appeared before the Tribunal on 15.05.2018 wherein stay

application will be heard, de-novo without being influenced

by the protection granted by this Court on March 01, 2018.

- 2 - A.No. 179/18 to 181/18

I have heard counsel for appellant with regard to the

interim stay application. It is argued that there is no service

of the notice as well as demolition order as required u/s 343

and 444 of the DMC Act.

In view of proof of service by speed post having not

being produced before this Tribunal, the respondent

corporation will restrain from carrying out any demolition

action in the property of the appellant which falls in property

bearing no. 310, Chuna Bhatti, Mathura Road, New Delhi

qua the impugned demolition order till next date of hearing.

Appellant is 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.

However, this order of this Tribunal is subject to any

Order passed by the Hon’ble Supreme Court or Hon’ble

High Court for demolition qua the property in question with

regard to the subject property.

Appellant is directed to supply copy of the affidavit

which is filed with the appeal to respondent AE(B) for

verification.

Respondent AE(B) shall verify the details of

construction mentioned in the affidavit and file status report

whether the same is correct or not by next date of hearing.


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

prayed.



M in A.No. 648/15 25.05.2018

Present : Sh. Anil Sehgal, counsel for appellant.


Status report filed stating therein that demolition

action was carried out in the property in question and one

room, toilet and washroom at ground floor was completely

demolished.

Further action will be taken in due course of time as

per the policy of department.

Adjournment sought by the respondent to file further

status report regarding carrying out further demolition action

alongwith photographs.

Ld. Counsel for appellant has already filed an

application for restoration of the appeal which is listed on

31.07.2018 before this Tribunal.





A.No. 833/17 25.05.2018


Sh. Shivendu Gaur, counsel for MCD.

Sh. Akshit Gupta, counsel for applicant.

An application u/o 1 R 10 CPC was moved by

Ms. Shalini Gupta and Sh. Vikas Kalra to implead them as

respondent alongwith another application for producing the

documents and witness as evidence. Copy was supplied to

the respondent as well as appellant.

Reply to the said application not filed by the

appellant on the ground that her advocate is not available

today.

Ld. Counsel for respondent states that they have not

received copy of the application under Order 1 Rule 10

CPC. However, ld. Counsel for applicant pointed out that

the copy of the application was given to Nodal Officer on

11.10.2017.

Put up for consideration on 01.08.2018. Last

and final opportunity for arguments.

Interim stay, if any, is extended till next date



A.No. 583/16 25.05.2018

Present : Sh. Aditya Gaur, counsel for appellant.


Part arguments heard.

Put up this matter for remaining arguments on

27.09.2018.

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



A.No. 259/18 25.05.2018

Present :



A.No. 284/18 25.05.2018

Present : Sh. Ashish Sharma, Counsel for the appellant.

Sh. Sriniwas/AE(B).

Status report filed alongwith photographs.

As per report premises was inspected on

17.05.2018 and is consisted of 7 small rooms with W/C,

bathroom and staircase existing on the ground floor. There

is no structure exist above the roof of ground floor except

parapet wall. Photographs annexed. It is submitted that part

demolition action was taken in pursuance of demolition

order.

An application u/s 151 CPC moved on behalf

of appellant for placing some documents i.e demolition

order dated 28.11.2017, letter dated 24.05.2018 issued to

Tehsildar Alipur, Delhi stating that khasra no. 70, of village

Palla, Delhi falls under Old Lal Dora abadi , year 1908-09. It

is further stated that land is disputed and a case is pending.

In the appeal, appellant has claimed that

property in this case falls in Lal Dora, village Palla. Copy of

the application as well as order of Tehsildar supplied to the

respondent to verify the contents of the report of Tehsildar

to specify whether property in question falls within Lal Dora

of village Pall, khasra no. 70 or not.

Put up for arguments on 29.08.2018.

Copy of the order be given dasti to both the

parties, as prayed.



A.No. 833/17 25.05.2018

Present :



A.No. 635/16 25.05.2018

Present : Sh. Dalip Rastogi, counsel for appellant .

Sh. Shashikant Sharma, counsel for MCD .

Adjournment sought by both the parties.

In the interest of justice, last and final

opportunity is granted for final arguments on 29.08.2018.



A.No. 57/17 & 58/17 25.05.2018

Present : Appellant in person with proxy counsel

Sh. Deepak Mehra

Ms. Manjusha Jha, counsel for MCD.

Status report filed on the last date of hearing.

Sh. Deepak Mehra filed fresh vakalatnama of

Ms. Dimple Dhamija. Adjournment sought for arguments

which is opposed by the counsel for the respondent.

In the interest of justice, last and final

opportunity is granted for final arguments on 21.08.2018.



A.No. 146/16 25.05.2018

Present : Sh. Akshat Kumar, proxy counsel for Sh.

Ashok Sharma counsel for the appellant.


Adjournment sought on behalf of appellant as

Sh. Ashok Sharma is stated to be out of station.

Put up for arguments on the application u/ o 6

R 17 CPC as well as main appeal on 08.10.2018.



A.No. 606/14 25.05.2018

Present : Sh. Bhupender Sharma counsel for the

appellant.

Sh. Amit Kumar, proxy counsel for the

respondent

It is stated on behalf of appellant that appellant

has applied for regularization of shop in question by

giving application on 22.05.2018.

Copy of the application alongwith receiving placed on

record.

Main counsel for respondent is not present.

Respondent is directed to file status report

regarding the application/ final arguments on

10.10.2018.



A.No. 390/11 25.05.2018

Present : Sh. Devender Kumar, proxy counsel for the

appellant.

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

Counsel for respondent seeks adjournment to

file status report as main counsel Sh. Harbans Kaushal has

made a request to fix the matter on Thursday.

Put up for filing status report in compliance of

order dated 22.12.2017 for arguments on 11.10.2018.



A.No. 343/18 25.05.2018

Present : Sh. D.K. Sharma, counsel for appellant.

This is an appeal against sealing order.



directed to file entire record of the proceedings, status

report and reply of the appeal on date fixed. Record be

deposited immediately in the Tribunal.


Dasti, as prayed.



A.No. 259/18 25.05.2018

Present : Sh. Ajay Kumar, counsel for appellant.

This is an appeal against sealing order.



directed to file entire record of the proceedings, status

report and reply of the appeal on date fixed. Record be

deposited immediately in the Tribunal.




A.No. 261/18, 262/18 & 263/18 25.05.2018

Present : Sh. D. Rajeshwar Rao, counsel for appellant.

File taken up today on an application moved for

opening the seal on the ground that the property is sealed

on 26.04.2018 during the pendency of the appeal in

pursuance of the order dated 03.04.2018 wherein appellant

was directed to stop the misuse of the property, failing

which property was liable to be sealed.

Issue notice of the application to the respondent

corporation. Notice be given dasti, as prayed.

Put up on 29.05.2018.



A.No. 338/18 25.05.2018

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

This is an appeal against the rejection order dated

23.04.2018.





in the Tribunal.


Dasti, as prayed.



A.No. 79/18 to 83/18 25.05.2018

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

File taken up today on the application moved on

behalf of the appellant u/s 347-B(2) of the DMC Act r/w rule

17 of the D.M.C. Appellate Tribunal (Procedure) Rule 1986

for restoration of conditional stay granted vide order dated

31.01.2018.

Issue notice of the application to respondent for

31.05.2018. Notice be given Dasti, as prayed.



A.No. 1092/15 25.05.2018

Present : Sh. Anuj Garg, counsel for appellant.

File taken up today on the application u/s 151 CPC

on behalf of the appellant for preponement of date of

hearing.

Issue notice of the application to the respondent for

30.05.2018. Notice be given dasti, as prayed.



A.No. 331/18 25.05.2018

Present : Sh. Amit Vohra, counsel for appellant.

This is an appeal against demolition order dated

20.02.2018.





in the Tribunal.


Dasti, as prayed.



A.No. 336/18 25.05.2018

Present : Sh. Abhay Kumar, counsel for appellant.

Put up this matter for maintainability of the appeal on

09.07.2018.



A.No. 1086/15 25.05.2018

Present : Sh. S.K. Bhardwaj, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD alongwith

Sh. R.D. Choudhary, AE(B).

It is pointed out that Sh. Babu Lal has challenged the

construction of the appellant in the Civil Court and an order

was passed by the Civil Court stating that the property

raised by the appellant is causing danger to the nearby

properties.

Ld. Counsel for appellant pointed out that the said

order of the Civil court was challenged in the appeal and

was stayed in the appeal was disposed of by the Hon’ble

High Court, as instructed by the appellant.

Copy of the said order was not placed on record by

either party. Let the copy of the order of the Civil Court and

High Court be placed on record by the AE(B) concerned.

Advance copy be supplied to the appellant.

Put up this matter for filing of proper reply / status

report by the respondent on 06.06.2018.



A.No. 66/15 & 854/16 25.05.2018


Sh. Gian Chand / Sh. V.K. Aggarwal, counsel

for MCD.

Status report filed regarding regularization

application. Copy supplied.

As per the status report the appellant is entitled for

300 FAR as per MPD-2021 and at present construction is

more than 300 FAR. As per circular dated 27.04.2011 stilt

is mandatory for the residential plot measuring 100 sq. mtrs

and above up to 1000 sq. mtrs including notified road.

Regularization of the unauthorized construction in the

property in question cannot be considered as there is no

provision for stilt as per circular mentioned and the FAR is

more than applicable and it will be only considered when the

appellant will demolish the non-compoundable deviations

and make the provisions for stilt as per circular.

Put up this matter for filing of objections, if any, to the

status report filed by the respondent and arguments on

28.08.2018.



A.No. 25.05.2018

Present :



A.No. Statement of Sh. ON SA

RO&AC



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