amcdonline.gov.in/at/dailyordersnew/492_30.01.2019.pdf2019/01/30 · shreyak gupta, counsel for...

A.No. 585/12 30.01.2019

Present : Sh. B.D. Saini, counsel for appellant alongwith

appellant.

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

Sh. G.K. Sharma, proxy counsel for Sh.

Surender Kumar, counsel for R-4 & R-5.

Written submissions have already been filed by the

counsel for appellant.

Respondent is directed to file written brief

submissions by next date of hearing positively.

Put up this matter for filing written submissions and

arguments on 14.03.2019.

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

Appellate Tribunal:MCD 30.01.2019

A.No. 1085/17 30.01.2019

Present : Sh. Vikas Gautam, counsel for appellant.

Sh. Rajiv Garg, Nodal Officer for North DMC.

Counsel for respondent is not appearing in the last

two dates. Concerned Commissioner be informed

accordingly.

Ld. counsel for appellant submitted that despite

objections to the demand of misuse charges calculated by

the respondent, the appellant has deposited the misuse

charges to the tune of Rs. 69,140/-.

It is stated that the property is commercial and same

is to be used for commercial purpose.

Respondent is directed to file status report regarding

where the property in question falls i.e. unauthorized colony,

unauthorized regularized colony or village abadi etc. and for

what purpose the property can be used.

Put up this matter for filing status report by the

respondent and arguments on 28.02.2019.



A.No. 802/17 30.01.2019

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

Sh. Madan Sagar, counsel for MCD.

Ms. Manorama Masih, counsel for Monitoring

Committee.

On 14.01.2019, respondent was directed to file clear-

cut status report because the status report filed on the said

date was ambiguous.

Today, status report filed stating that in compliance of

order dated 14.01.2019, since the present matter is

involving policy matter and requisite comments of the

Building Headquarter has been sought and file has been

sent to them and the comments are still awaited.

Respondent is directed to file clear-cut status report

in compliance of order dated 14.01.2019 within two weeks.

Status report be filed under the hand and signature of

Dy. Commissioner concerned.

Put up this matter for filing status report by the




A.No. 861/16, 888/16 & 1013/16 30.01.2019

Present : Sh. Munish Chokar, counsel for appellant.

Sh. Bhagirath Sharma, one of the appellant in

person.

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

A.K. Mittal, counsel for MCD.

Sh. Inder Singh, applicant in person.

Sh. R.S. Kataria, Dy. A&C.

Dy. A&C is present and seeks adjournment to

produce the entire record.

Put up this matter for producing the said record and




A.No. 598/14 30.01.2019

Present : Sh. Kanwar Kochar, counsel for appellant.

Sh. Adil Hussain, proxy counsel for Sh.

Ashutosh Gupta, counsel for MCD.

Final arguments were already heard by Ld.

Predecessor. Fresh arguments need to be heard.

Both parties are directed to file written brief

submissions by next date of hearing positively.

Put up this matter for hearing fresh arguments on

01.04.2019.



A.No. 644/18 30.01.2019

Present : Sh. Shreyak Gupta, counsel for appellant.

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

Status report was filed on 23.10.2018 in compliance

of order dated 08.10.2018 under the hand and signature of

concerned Dy. Commissioner wherein it has been admitted

that there was a permission granted for installation of the

tower in the property on 15.05.2018.

In the end of status report, it is stated that show

cause notice was issued on 22.10.2018.

Ld. counsel for appellant stated that they have

already filed reply to the show cause notice.

Concerned AE(B) is directed to remain present

alongwith decision of show cause notice / status report on

25.03.2019.



A.No. 1053/15, 1057/15 & 02/15 30.01.2019

Present : Sh. Sachin, proxy counsel for Sh. Gaurav

Jain, counsel for appellant.

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

Status report was filed on 10.08.2018 in compliance

of order dated 09.11.2017 stating that IN was issued on

05.03.2018 with regard to the regularization application.

Adjournment sought to file status report regarding

decision taken on the said application.

Put up this matter for that purpose and final




A.No. 738/17 & 496/17 30.01.2019

Present : Sh. Ananya Giri, proxy counsel for Sh. Hariom

Gupta, counsel for appellant.



Status report filed but the said status report is not in

compliance of order dated 06.12.2017 wherein respondent

was at liberty to inspect the property on 11.12.2017 at 2.00

pm.

Status report filed today with respect to booking of

the property for unauthorized construction on 24.03.2017

and passing of demolition order dated 09.08.2018.

It is further stated that demolition action could not be

taken on various dates due to shortage of time.

Status report in compliance of order dated

12.07.2017 not filed.

AE(B) is also absent. Respondent is burdened with

costs of Rs. 10,000/- for not filing the status report.

Put up this matter for appearance of AE(B) / filing

status report / final arguments on 11.07.2019.

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



A.No. 142/14 & 143/14 30.01.2019


Sh. Nilesh Sawhney, counsel for New Delhi

Municipal Council alongwith Sh. Anand

Prakash Tigga, Assistant Architect.

Ld. counsel for appellant submitted that the

application was filed on 12.07.2018 may be dismissed as

withdrawn.

In view of the submission, the said application is

dismissed as withdrawn.

Adjournment sought as counsel for respondent is not

feeling well.

Put up this matter for arguments on 01.07.2019.



A.No. 917/18 30.01.2019

Present : Sh. Ashish Kapur, counsel for appellant.

Fresh appeal has been filed against the demolition

order dated 26.12.2017 alongwith application seeking

condonation of delay.

Let the notice of the appeal and application seeking

condonation of delay be issued to the respondent through

concerned Chief Law Officer. AE(B) is directed to appear in

person and file entire record of the proceedings, reply and

status report of the appeal on the date fixed.

Put up this matter on 06.02.2019.

Notice be given Dasti.



A.No. 58/19 30.01.2019

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


order dated 11.01.2019.

Ld. counsel for appellant pointed out that order itself

speaks that proper opportunity is not given for filling the

documents and personal hearing has also not been given

and the appellant was not given opportunity to remove non-

compoundable deviations, if any in the property.

Ld. counsel for appellant submitted that the appellant

is ready to remove non-compoundable deviations, if any,

pointed out by the respondent because the property has

been constructed as per regularized Plan.

In these facts and circumstances, it is a fit case for

grant of ex-parte interim stay.

Hence, respondent is restrained from taking any

coercive action in the property of the appellant bearing no.

3165, Mohalla Dassan, Peepal Mahadev, Hauz Qazi, Delhi-

06 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 be deemed to be vacated.

Copy of affidavit will be provided to concerned AE(B)

by the appellant, who shall verify whether details of

construction mentioned in the affidavit are 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.

A.No. 58/19 - 2 -

Let the notice of the appeal and application be issued

to the respondent through concerned Chief Law Officer.

AE(B) is directed to appear in person and file entire record

of the proceedings, reply and status report of the appeal on

the date fixed.

Put up this matter for filing reply, record and status

report by the respondent on 10.04.2019.

Copy of order be given Dasti for compliance.



A.No. 68/19

30.01.2019

Present : Sh. Vidhya Bhusan, counsel for appellant.


order dated 24.01.2019 wherein DDA has been booked the

property for unauthorized construction in the shape of

deviations against the standard building plan.


has filed detailed reply to the show cause notice but the

same was not considered and the order has been passed in

cryptic manner because the appellant has instituted a Civil

Suit against the resident of ground floor for unauthorized

construction and instead of taking action despite direction of

Civil Court against the unauthorized construction in the flat

of defendant in the said Civil Suit, this property has been

booked illegally.

It is submitted that the appellant has purchased the

flat in the year 2004 and has not made any addition,

alteration and the property is in existence in the same

condition as was existing at the time of purchase from the

previous owner.

In these facts and circumstances, it is a fit case for

grant of ex-parte interim stay.

Hence, respondent is restrained from taking any

coercive action in the property of the appellant bearing flat

no. 70, Himalaya Apartment, Sector-2, Rohini, Delhi-85 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 be deemed to be vacated.

A.No. 68/19 - 2 -

Copy of affidavit will be provided to concerned AE(B)

by the appellant, who shall verify whether details of

construction mentioned in the affidavit are 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.

Let the notice of the appeal and application be

issued to the respondent through concerned Chief Law

Officer. AE(B) is directed to appear in person and file entire

record of the proceedings, reply and status report of the

appeal on the date fixed.

Put up this matter for filing status report, reply and

record by the respondent on 22.04.2019.

Copy of the order be given Dasti, as prayed.



A.No. 49/19 30.01.2019

Present : Sh. Ramneek Singh, counsel for appellant.


order dated 03.01.2019 wherein property has been booked

for unauthorized construction in the shape of deviations

against the standard plan and erection of entire floor at

terrace of flat no. 12, SBI Colony, Rani Bagh, Delhi and the

property was booked on 23.10.2018.

After following due process of law, giving personal

hearing to the appellant, demolition order has been passed.


has not carried out any unauthorized construction.

After some arguments, Ld. counsel for appellant

requested to issue notice to the respondent as the

documents will be filed on next date of hearing.

Let the notice of the appeal and application be issued

to the respondent through concerned Chief Law Officer.

AE(B) is directed to appear in person and file entire record

of the proceedings, reply and status report of the appeal on

the date fixed.

Put up this matter on 04.02.2019.



A.No. 26/13 30.01.2019


Sh. Rajender Arya, counsel for New Delhi

Municipal Council alongwith Sh. Ashok Kumar,

Senior Assistant.

Ld. counsel for appellant has placed on record copy

of order of Hon’ble Supreme Court in LPA No. 7893/2018

dated 03.07.2018 and subsequent order dated 04.09.2018

and 02.11.2018 and 07.12.2018.

Vide order dated 03.07.2018, Hon’ble Supreme Court

has directed this Tribunal to decide the matter within four

weeks and the matter was adjourned for September, 2018.

This order of Hon’ble Supreme Court has been

brought in the notice of this Tribunal today by Ld. counsel

stating that on two dates when the matter was listed for

hearing i.e. 06.08.2018 and 30.10.2018, the notification

empowering the Presiding Officer to preside the Tribunal

and deal with the matter was not issued by the concerned

authority. The said notification has been issued on

12.11.2018.

Part arguments heard today.

Appellant as well as respondent are directed to file

written brief submissions by next date of hearing.

Put up this matter for remaining arguments on

04.02.2019.

Copy of order be given Dasti to both parties for

compliance.



A.No. 799/13 30.01.2019

Present : Sh. Shiv Kumar Tiwari, counsel for appellant.


Municipal Council and Sh. Anand Prakash

Tigga, Assistant Architect and Sh. Ashok

Kumar, Senior Assistant.

On 29.01.2018, Ahlmad was directed to tag already

decided files regarding the same property for different

portions. Misuse charges stated to have been deposited.

Ld. counsel for respondent submitted that the

basement can be used only for storage purpose.

Appellant is ready to use the same for the said

purpose.

Arguments heard.

Appellant is directed to file chain of ownership

documents within a week.

Put up this matter for clarification, if any / orders on

25.02.2019.



A.No. 747/14 30.01.2019

Present : Sh. Sanjay Aggarwal, counsel for appellant.





Objections to the misuse charges / penalty filed by

the appellant. Copy supplied.

Put up this matter for final arguments on 13.05.2019.



A.No. 730/14 30.01.2019

Present : Ms. Richa Srivastava, counsel for appellant.





Sh. Sanjay Aggarwal, counsel for R-2.


feeling well.




A.No. 386/16 30.01.2019

Present : Sh. Raj Mangal Kumar, counsel for appellant.





It seems that the calculation of misuse charges /

penalty has not been supplied to the appellant in

compliance of order dated 25.09.2017.

An application under Order 1 Rule 10 CPC was filed

on 27.07.2018.

Let notice of this application be issued and given

Dasti to the appellant.

Put up this matter for arguments on 15.07.2019.



A.No. 189/14 30.01.2019

Present : Sh. Vikrant Arora, proxy counsel for Sh.

Sanjeev Bhal, counsel for appellant.





It seems that no objections have been filed to the

status report regarding misuse charges.

Adjournment sought.

Main counsel for appellant is not available.


feeling well.




A.No. 796/17 30.01.2019

Present : Son of appellant.



Copy of chain of documents filed.

Original seen and returned.

Put up this matter for perusal and clarification, if any /

orders on 20.02.2019.



A.No. 528/18 30.01.2019

Present : Sh. Dalip Rastogi, counsel for appellant.


Status report regarding regularization application filed

stating that the same has been rejected vide rejection order

dated 28.01.2019. Copy supplied.

Ld. counsel for appellant states that no IN was issued

and the appellant be directed to move application for

reopening of regularization filed as the liberty granted.



compliance.




A.No. 125/09 30.01.2019

Present : Sh. Pratyush Sharma, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Sh. K. Rehman, counsel for R-3 and R-4.

Status report was filed on 07.09.2018 and copy be

supplied to counsel for appellant.

It is stated in the status report that the structural

stability certificate was filed by the appellant on 10.05.2018

before this Tribunal which reveals that the inspection of the

property was carried out on 12.04.2018 at 3.00 pm but as

per the record no intimation in respect of the inspection was

given to the AE(B), South Zone, SDMC by the appellant.

Nothing is mentioned in the said status report

whether the respondent has any objections to the structural

stability certificate filed by the appellant on 10.05.2018.

In case, no objection filed to the said certificate by

next date of hearing, it shall be presumed that the

respondent has accepted the structural stability certificate.

Concerned AE(B) is directed to remain present for

explanation.



compliance.



A.No. 825/16 & 647/15 30.01.2019

Present : Sh. Firoz Alam, counsel for appellant.

Sh. Shashikant Sharma / Sh. Abhishek

Kaushik, counsel for MCD.

Status report filed in compliance of order dated

13.09.2017 stating that the property was already booked for

unauthorized construction on 06.05.2017 in the shape of

ground floor. Sealing action took place and the property

was sealed on 12.08.2015 at one room at ground floor and

is still lying sealed.

Concerned AE(B) is absent.

It is not clear in the status report whether the property

is situated in the unauthorized colony or unauthorized

regularized colony.

Put up this matter for said clarification / filing status

report by the respondent and final arguments on

28.05.2019.



A.No. 144/18 30.01.2019

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

Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. Tulsi Dass, UDC.

Status report regarding calculation of misuse charges

filed. Copy supplied.

Adjournment sought to deposit the same.

Put up this matter for deposit of misuse charges and

final arguments on 22.05.2019.



A.No. 846/18 30.01.2019

Present : Sh. Pramit, proxy counsel for appellant.

Sh. Amit Kumar, counsel for MCD.

Vakalatnama on behalf of respondent filed.

Status report was not filed even on previous date.

Record was also not produced.

Subject to costs of Rs. 10,000/- upon the respondent,

one more opportunity given to file status report and

producing the record.

Put up this matter for filing status report / record by

the respondent and arguments on 06.03.2019.



A.No. 58/18 30.01.2019

Present : Sh. Shubham Jain son of the appellant in

person.


Sh. Rohit Kalra, counsel for applicant.

On 08.01.2019 two applications of applicants Sh.

Sanjay Garg, Ms. Sanjana Garg and Ms. Shakuntala Gupta

were disposed off and respondent was directed to file the

status report with regard to unauthorized construction in the

property by the appellant after passing of the order dated

24.01.2018. The said status report is not filed on the

ground that the order could not be communicated.

Adjournment sought to file the said status report.

Let the said status report be filed within two weeks.

Appellant has placed on record reply to the status

report of the respondent. Copy supplied.

Put up this matter for filing of status report by the


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

as prayed.



A.No. 66/18 30.01.2019

Present : Sh. Shubham Jain son of the appellant in

person.

Sh. Shashikant Sharma, counsel for MCD.

Put up with connected appeal bearing

No.58/18 on 15.03.2019.



A.No. 847/14 30.01.2019

Present : Sh. Vimal Dhingra, counsel for appellant.


Arguments heard.

Put up for clarification, if any / orders on 26.02.2019.



A.No. 850/18 & 694/18 30.01.2019

Present : Sh. Ajay Dabas, counsel for appellant.

Sh. Devender Singh / Surinder Singh counsel

for respondent alongwith Sh. Lalit Sharma,

AE(B).

Status report filed placed in appeal No.694/18.

Appeal No.850/18 is against the demolition order

dated 09.07.2018. The property was booked on 29.06.2018

due to unauthorized construction at ff to fourth floor in

continuation of the previous booking dated 20.01.2018. On

20.01.2018 the property was booked for unauthorized

construction in the shape of ground floor. Show cause

notice was given on 20.01.2018 received by one Rakesh at

site. Demolition order was passed on 29.01.2018 with

respect to the ground floor.

No action was taken in pursuance of the said

demolition order. In the meantime subsequent booking as

mentioned above was done. After following the due process

of law demolition order was passed on 09.07.2018. The

said demolition order has been challenged in appeal

No.850/18 listed for today.

Appeal No.694/18 was already instituted against the

sealing of the same premises in pursuance of order dated

24.08.2018.

During the sealing action on 24.07.2018, fourth floor

was sealed at two points. Third floor was also sealed at one

point.

Today action taken report has been filed stating that

on 24.01.2019 demolition action was taken at the fourth

floor. Further demolition could not be taken at ground floor,

first floor and second floor as found occupied and could not

be vacated by the police force.

It is clarified that property has been sealed at third

floor and fourth floor whereas appellant is claiming that

second floor and third floor were sealed. The site has been

A.No. 850/18 & 694/18

inspected and it is found that the property consist of ground

floor to fourth floor and same has been mentioned as

ground floor in the booking dated 20.01.2018 and as per

booking dated 29.06.2019, first floor, second floor third floor

and fourth floor were booked.

It is evident from the record that the property was

initially booked for unauthorized construction on the ground

floor. In the meantime no action was taken by the

concerned JE(B) and AE(B) and the property was got

completed up to fourth floor and was allowed to be

occupied.

Ld. counsel for appellant stated that appellant is

ready to withdraw the appeal as demolition action has

already been taken. Concerned AE(B) seeks adjournment

to complete the demolition action and file the action taken

report.

Copy of the order be given dasti to the AE(B) to place

the same before the Commissioner, SDMC for taking action

against the concerned AE(B) & JE(B) in whose tenure the

property was allowed to be raised up to fourth floor.

Commissioner is directed to file action taken on next date of

hearing.

Put up for filing action taken report / status report and




M.No. 65/13 30.01.2019

Present : Appellant in person.


Clarification as per order dated 24.01.2019 not done.

The status to the reference in the Hon’ble High Court

not filed.

Put up on 20.02.2019 for that purpose and

arguments.



A.No. 836/18 30.01.2019

Present : Sh. M.K. Chaudhary, counsel for appellant.

Ms. Nagina Jain, counsel for MCD. alongwith

Mohd. Shakeel, AE(B).

The appellant has challenged the order dated 11.05.2017

wherein order u/s 345A of the DMC Act was passed for sealing of

the property which has been booked on account of unauthorized

construction of loft in ground floor and lower the ground floor also.

The appellant has not challenged the demolition order

dated 13.01.2017. As per the status report filed today in Para

No.3 entire unauthorized construction as mentioned in the show

cause notice has already been removed.

The appellant applied for permanent desealing of the

property. The file was processed, ownership documents were

perused but ownership of the property was not established in

favour of Sh. Ram Gopal Yadav as all the ownership documents

were in the form of GPA. The ownership was not established in

favour of the appellant as such the property was not desealed.

Ld. counsel for appellant seeks adjournment to bring the

entire chain of the documents qua the property in question.

The respondent has no objection for desealing of the

property in question.

AE(B) concerned is present , states that no demolition

action is required in pursuance of the demolition order.

It is submitted by the AE(B) at the time of booking of the

property, the same was booked for unauthorized construction in

the name of Balvinder Singh, owner of first floor.

AE(B) concerned is directed to file clearcut status report

giving details whether there is any unauthorized construction in

the same building or not.





A.No. 1201/15 30.01.2019

Present : Sh. S.S. Handa, counsel for appellant.


Naveen Grover, counsel for MCD.

It is submitted by the counsel for appellant apart from

son of the deceased appellant another legal hearing is Usha

Bajaj who is present in the court and already respondent

No.2 in the present hearing.

Ms. Usha Bajaj has submitted that he has no

objection if her brother is allowed to become a legal heir in

the present appeal.

Heard.

Ld. counsel for appellant submits that application

may be considered and allowed as per law.

In view of the above facts and circumstances, I allow

the application and Sh. Prem Chawla is allowed as legal

heir of the deceased appellant.

Amended memo not filed. Let the same be filed.

Put up for final arguments on 19.07.2019.



A.No. 914/18 30.01.2019

Present : Ms. Bandana, counsel for respondent.

Sh. Dharamvir Gupta, counsel for MCD.

Memo of appearance on behalf of respondent filed.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Status report filed.

During the argument ld. counsel for appellant

submitted that the premises got destroyed / demolished due

to Mansoon season in the year 2016. Thereafter it is

submitted that minor repair has been done in the premises

after due permission.

The necessary repairs were permissible under the

law.

I have gone through the record, status report as well

as photographs placed on record. There is a delay of about

more than one year in challenging the order.

In view of the record there is no need of hearing on

interim stay application and matter will be heard finally.

The concerned AE(B) / JE(B) in whose tenure the

repairs were carried out shall remain present on next date

of hearing.

Put up for final arguments on 13.03.2019.



A.No. 652/17 30.01.2019

Present : None for the appellant.

Sh. Suresh Dua, AE(B), Civil Lines Zone.

AE(B) filed status report counter signed by the Dy.

Commissioner stating that part demolition took place on

15.11.2018. Further action could not be taken due to half

day holiday. Further action is now fixed on 11.02.2019.

In case the proper action taken report is not filed on

next date of hearing in compliance of the impugned order,

Dy. Commissioner concerned will appear in person.

The said status report be filed under the hand and

signature of the Dy. Commissioner concerned.


respondent and arguments on 15.03.2019. Copy of the

order be given Dasti to both the parties, as prayed.



A.No. 672/18 30.01.2019

Present : Sh. R.N. Singh, counsel for appellant.

Sh. V.K. Aggarwal, proxy counsel for Ms. Manjusha

Jha, counsel for appellant alongwith Sh. A.S. Meena,

AE(B).

Previous AE(B) Manoj Kumar has been transferred.

Decision on the application for regularization application is

not taken.

It is stated that it decision will be taken in that regard

and will be communicated to the appellant within one

month.

Counsel for appellant submits that the respondent is

deliberately delaying as such appellant is unable to carry

out construction as per Sanctioned Building Plan.

Put up for filing status report and arguments on

18.03.2019. Interim stay, if any, is extended till next date



A.No. 678/16 30.01.2019

Present : Sh. Prashant Sharma, counsel for appellant.

Sh. Abhishek Kaushik, counsel for respondent

alongwith Sh. Lalit Kumar, AE(B).

Status report filed stating that 10 times penalty in

respect of registration / conversion charges to the tune of

Rs.10,220/- on 10.12.2018.

Respondent is directed to clarify for what purpose the

premises can be used because counsel for appellant

submits that seven shops were sealed and five shops have

already been desealed by the orders of this Tribunal.

It is further clarified that premises lies in residential

area. The details of the shops which can be permitted in

the premises be also filed alongwith status report.





A.No. 182/18 30.01.2019

Present : Sh. M.S. Butalia, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

The appellant has not served the respondent

properly. It is stated that he has deposited the copy of the

appeal with the EE(B) alongwith affidavit. Copy of the

affidavit which he has deposited with the EE(B) is not filed.

Some documents produced by the counsel for appellant

which does not contain the copy of the affidavit containing

the details of the property.

It is agreed by the ld. counsel for appellant that fresh

service will be affected by depositing the same with the Law

Department.

Fresh affidavit in compliance of the order dated

06.06.2018 be supplied to the AE(B) concerned who shall

file the status report.

Put up this matter for that purpose and arguments on

18.02.2019. Interim stay, if any, is extended till next date.



A.No. 24/15 30.01.2019

Present : Proxy counsel for Sh. Suman Malhotra,

counsel for appellant.

Sh. Madan Sagar, counsel for respondent.

Sh. P.K. Rawal, counsel for R-2 to R-4.

Status report not filed by respondent No.1.

Adjournment sought to file the said status report in

compliance of the previous order.

Counsel for appellant is stated to be ill.

Adjournment sought by the proxy counsel.

Put up this matter for arguments on the application of

Respondent No.2 to 4 and final arguments on 08.07.2019.



A.No. 638/14 30.01.2019



Sh. Shivender Vishwas, counsel for

application Sh. Hardeep Kr. Saini.

Counsel for applicant seeks to withdraw application

moved on 07.12.2017. The same is dismissed as

withdrawn.

An application for regularization has already been

moved by the alongwith relevant documents.

Copy supplied.

Put up for filing status report on the regularization

application and final arguments on 08.08.2019. Interim

stay, if any, is extended till next date.



A.No. 886/17 30.01.2019

Present : Sh. S.S. Rana, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.

Sh. Tarun Dabas, counsel for respondent has not

appeared since 23.10.2017 i.e. from the last three dates.

Adjournment sought on behalf of the respondent for

arguments.

Put up on 30.05.2019 for final arguments. Last

opportunity.




A.No. 312/15 30.01.2019

Present : Sh. K.N. Singh, counsel for appellant.

Ms. Divya Gupta, proxy counsel for Sh.

Naveen Grover, counsel for MCD.

Sh. Vimal Dhingra, counsel for R-2.

Put up for arguments on the application under order

1 Rule CPC.

As per the status report filed in appeal connected

appeal No.439/17 the decision with respect to sanction

accorded in the name of Sh. Puran Chand Dawar, Sumit

Dawar, Ram Gopal and Smit. Sukeshni Aggarwal is likely to

be taken shortly.





A.No. 439/17 30.01.2019

Present : Sh. Ajay Kumar, counsel for appellant.



Status report filed. Copy supplied.

Put up for arguments alongwith connected appeal

bearing No.312/15 on 15.05.2019.



A.No. 91/15 30.01.2019



Status report regarding verification of the structure

mentioned in the affidavit filed wherein there is some

difference in the measurement at first floor.

Appellant is directed to clarify that difference.

Put up for clarification and final arguments on

08.08.2019.



A.No. 629/13 30.01.2019

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


Status report not filed regarding decision on the

application for regularization.

Dy. Commissioner concerned is directed to appear in

person on date fixed.


respondent and arguments on 03.04.2019. Copy of the

order be given Dasti to both the parties, as prayed.



A.No. 879/17 30.01.2019

Present : Sh. Vijay Gupta, counsel for appellant.

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

Sh. Vikas Sharma, counsel for applicant.

Reply to the application under order 1 Rule 10 CPC

filed.

Status report in compliance of the order regarding

action taken against the JE(B) has been filed wherein

warning has been issued to the JE(B).

Dy. Commissioner concerned is directed to appear in

person for explanation as to under what provision of CCS

Rules he has issued the warning because nothing has been

mentioned in that regard in the warning order.

It seems that the respondent has not complied the

order dated 17.10.2017.

Put up for compliance of the said order and final

arguments on 22.04.2019. Copy of the order be given

Dasti to both the parties, as prayed.



A.No. 191/16 & 192/16 30.01.2019



Sh. Manmohan Singh, counsel for

Status report in compliance of the order dated

24.08.2018 not file.

Subject to cost of Rs.10,000/- one more opportunity

is given to file the said status report.

Reply to the application under order 1 Rule 10 CPC

not filed.


respondent, reply of the application and arguments on

26.04.2019. Interim stay, if any, is extended till next date.



P.No.62/13 30.01.2019

Present : Ms. Indira Unninayar and Sh. Narayan

Krishan, counsel for appellant.


None for Monitoring Committee.

Arguments from counsel for appellant heard. Written

brief submission on behalf of the appellant also filed.

Counsel for respondent MCD seeks adjournment to

file writte brief submission and for oral arguments, if any and

to file status report regarding requirement of Registration up

to 2009 as per clause 15.7.3 (x) of MPD-2021 as the

appellant has got registered with the MCD in the year 2011

Put up on 25.02.2019 for filing status report and for

filing written submissions by the respondent and oral

arguments, if any.



A.No. 71/19 30.01.2019

Present : Sh. Alok Singh, counsel for appellant.

This is an appeal against demolition order dated

22.01.2019.

After initial submission, ld. counsel for appellant does

insist upon the exparte stay.

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. Record be deposited immediately in the Tribunal.

Put up this matter on 01.02.2019. Notice be given

Dasti, as prayed.



A.No. 489/18 30.01.2019


Sh. V.K. Aggarwal, proxy counsel for

respondent.

Status report not filed.

Let the said status report be filed within two weeks.


respondent on 13.02.2019.



A.No. 172/18 30.01.2019



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

Status report filed which shows that no action has

been taken despite declining of the interim stay.

The demolition action program is now listed on

01.02.2019.

Put up for filing the status report and final arguments

and filing of documents if any by the appellant on

28.02.2019.



A.No. 708/18, 639/17, 709/17, 640/17 & 1045/17 30.01.2019

Present : Sh. B.S. Mathur, counsel for appellant.


Part arguments heard.

Put up for remaining arguments on 23.04.2019.




A.No. 663/15 30.01.2019

Present : None for the parties.

No time left.

Put up this matter for clarification, if any / orders on

12.02.2019.



amcdonline.gov.in/at/dailyordersnew/492_30.01.2019.pdf2019/01/30 · shreyak gupta, counsel for...

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