a.no. 260/17 23.10.2019 present : appellant in person...

A.No. 260/17 23.10.2019 Present : Appellant in person.

Sh. Harshit Thakur, Ld proxy counsel for MCD.

None for the applicant.

Appellant seeks adjournment as his counsel is not well.

To come up for arguments on the application under order 1

Rule 10 CPC and final arguments on10.02.2020.

Interim order, if any, to continue till next date.

(POONAM CHAUDHARY) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 23.10.2019

A.No. 410/19 23.10.2019 Present : Appellant with Ld. counsel Sh. Manobal Gupta.

S. Adil Hussain, Ld. counsel for respondent with Sh. T.D.

Joshi, L.I.

Status report filed stating that sealing action in the property

in question was taken by the respondent / MCD pursuant to

the directions of the Hon’ble NGT in case titled N.S. Yadav

& Ors Vs Commissioner, North DMC & Ors.

At request of Ld. counsel for appellant adjourned for

arguments on the maintainability of the appeal to

31.01.2020.



A.No. 915/16 23.10.2019 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

Sh. A.K. Mittal, Ld. proxy counsel for MCD with Sh. Deepak

Tyagi, AE(B).

Sh. K.N. Singh, Ld. counsel for applicant.

Status report filed, copy supplied.

At request of Ld. counsel for applicant adjourned for

arguments on the application under order 1 Rule 10 CPC.

Ld. counsel for appellant states that an application under

Rule 14 of D.M.C. Appellate Tribunal (Procedure) Rules

was moved by the appellant is also pending

Be also listed for arguments on the said application on next

date i.e. 13.02.2019.




A.No. 140/16 23.10.2019 Present : Sh. K.N. Singh, Ld. counsel for appellant.

Sh. A.K. Mittal, Ld. counsel for MCD.

Sh. Vimal Dhingra, Ld. counsel for applicant/intervener.

Status report filed alongwith photographs, copy supplied.

Ld. counsel for appellant seeks more time to file the

documents of title and also supply copy of the same to the

counsel for opposite side.

Be listed for final arguments on 13.02.2020.




A.No. 521/19 23.10.2019 Present : Sh. Vishesh Issar, Ld. counsel for appellant.

Ms. Deepti Dogra, Ld. proxy counsel for MCD.

An application moved by appellant for amendment and

another application has been moved for rectification of the

order dated 06.09.2019.

Be listed for reply and arguments on the application on date

fixed i.e. 07.11.2019.



A.No. 497/19 23.10.2019 Present : Sh. Pramod Tiwari, Ld. counsel for appellant.

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

Sachin Kumar, L.I.

Status report filed stating that the property in question was

sealed on account of misuse as industrial unit in the name

and style of M/s Sahip Graphics was being run from the

property in question in violation of the orders passed by the

Hon’ble Supreme Court in Writ Petition (C) No. 4677/1985

titled M.C. Mehta Vs UOI.

It is stated that thereafter sealing proceedings were initiated

and the property in question was sealed on 06.09.2018. It

is further stated that the appeal is time barred.

Ld. counsel for appellant seeks time to file an application for

condonation of delay.

Be listed for arguments on 20.12.2019.



A.No. 55/18 23.10.2019 Present : Sh. Ayush Gupta and Sh. Daman Popli, Ld. counsel for

appellant.

None for the respondent.

Final arguments have been addressed by Ld. counsel for

appellant.

Be listed for orders on 18.11.2019.

Respondent is at liberty to argue on date fixed.



A.No. 456/19 23.10.2019 Present : Sh. Ayush Gupta and Sh. Daman Popli, Ld. counsel for

appellant.

Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. Shrawan

Kumar, L.I.

As per report of Ahlmad the file is not traceable, the same

be traced and put up on 21.11.2019.

L.I. to be present on date fixed with status report.



A.No. 253/19 23.10.2019 Present : Sh. S.D. Tiwari, Ld. counsel for appellant.

Sh. H.R. Aggarwal,Ld. counsel for MCD with Sh. B.B.

Bhardwaj, L.I.

More time is sought to file the status report regarding

misuse charges / penalty.

Be listed for filing of status report on 18.11.2019. In case

the status report is not filed on said date the concerned Dy.

Commissioner to be present in person.

L.I. to be present on date fixed.



A.No. 615/19 23.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Memo of appearance filed on behalf of respondent.

1. This is an appeal against the order of demolition

dated 26.06.2018.

2. Ld. counsel for appellant has pressed the application

for interim stay on the ground that otherwise the appeal will

become infructuous. It is stated that appellant is the owner

of the property in question bearing No. IX/449, Khasra

No.364/338/57, Banarsi Dass Building, Gandhi Nagar,

Shahdara, Delhi-31 having purchased the same vide

registered sale deed dated 30.06.2010. It is further stated

that appellant after purchasing the property raised the

construction on second floor. The ground floor and first

floor was already built up at the time of purchase. It is

further stated that property is situated in unauthorized

regularized colony.

3. It is further alleged that while construction were being

raised, the appellant was served with show cause notice

dated 29.05.2018 which was duly replied vide reply dated

16.06.2018. It is also stated that the impugned order has

been passed without considering the reply of the appellant

as is evident from the facts there is no mentioned of the

reply in the impugned order. It is further stated that the

appellant was thereafter served with sealing order dated

24.07.2019. The sealing order was passed without

issuance of mandatory show cause notice. It is further

stated that the application for regularization dated

20.12.2018 is pending consideration with the respondent.

4. Heard, keeping in view the facts and circumstances

that application for regularization is pending there shall be

interim stay of demolition, respondent is restrained from

taking any demolition action in the property in question

bearing no. IX/449, Khasra No.364/338/57, Banarsi Dass

Building, Gandhi Nagar, Shahdara, Delhi-31 pursuant to the

impugned order dated 26.06.2018 till next date of hearing.

5. 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.

6. 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.

7. 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.

8. 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.

9. Be listed for filing of status report, reply and record by

the respondent and final arguments on 20.01.2019.

10. A copy of the order be given Dasti to counsel for

appellant, as prayed for.



A.No. 614/19 23.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.


Memo of appearance filed on behalf of respondent.

1. This is an appeal against the order of demolition

dated 26.06.2018.



become infructuous. It is stated that appellant is the owner

of the property in question bearing No. IX/449, Khasra

No.364/338/57, Banarsi Dass Building, Gandhi Nagar,

Shahdara, Delhi-31 having purchased the same vide

registered sale deed dated 30.06.2010. It is further stated

that after purchasing the property appellant raised the

construction on second floor. The ground floor and first

floor already existed up at the time of purchase. It is further

stated that property is situated in unauthorized regularized

colony.

3. It is further alleged that while construction were being

raised, the appellant was served with show cause notice

dated 29.05.2018 which was duly replied vide reply dated

16.06.2018. It is also stated that the impugned order has

been passed without considering the reply of the appellant

as is evident from the facts there is no mention of the reply

in the impugned order. It is further stated that the appellant

was thereafter served with sealing order dated 24.07.2019.

The sealing order was passed without issuance of

mandatory show cause notice. It is further stated that the

application for regularization dated 20.12.2018 is pending

consideration with the respondent.

4. Heard, keeping in view the facts and circumstances

as an application for regularization is pending there shall be

interim stay of demolition, respondent is restrained from

taking coercive action in the property in question bearing no.

IX/449, Khasra No.364/338/57, Banarsi Dass Building,

Gandhi Nagar, Shahdara, Delhi-31 pursuant to the

impugned order dated 26.06.2018 till next date of hearing.




in question.


















A.No. 205/19 23.10.2019 Present : Sh. Virender Singh, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for MCD with Sh. R.C.

Sharma, AE(B).

1. This is an appeal against the demolition order dated

11.06.2018. Ld. counsel for appellant has placed on record

order of the Hon’ble High Court dated 21.10.2019 passed in

Writ Petition No.5833/18 titled Sudesh Kumar Vs. SDMC &

Ors whereby it has been observed that the statutory right of

the applicant to approach the AT, MCD was not curtailed by

the order passed in above Writ Petition.



become infructuous. It is stated that the appellant is the

owner of third floor of the property bearing No.J-3/303

without terrace rights Kalkaji, New Delhi having purchased

the same vide registered sale deed dated 15.06.2010. It is

further stated that a complaint was lodged by the owner of

ground floor against appellant with MCD and the said

person also filed above Writ Petition seeking demolition of

the property in question. It is further stated that appellant

has not raised any unauthorized construction in the property

in question and the same exists since 2008. It is also stated

that the respondent did not consider the reply filed by the

appellant before passing the impugned order.

3. Status report has been filed by the respondent

stating that the house tax documents form No.38055 for the

year 2001 which was submitted by the appellant indicates

the existence of construction from ground floor to fourth

floor in the year 2001 in the property in question. It is also

stated that the House Tax Department has verified the

above said form with their record, the reply received from

the House Tax Department has been enclosed with the

status report.

4. Heard, keeping in view that the construction in the

property exist since 2001 as per the status report filed by

respondent and further considering the contention of the Ld.

counsel for appellant that the property in question is

protected under NCT of Delhi Laws (Special Provisions)

Act, respondent is restrained from taking demolition action

in the property in question bearing no. J-3/303, Kalkaji, New

Delhi. Pursuant to the impugned order dated 11.06.2018 till

next date of hearing.




in question.












9. Be listed for final arguments on 11.02.2020.


parties, as prayed for.



A.No. 204/19 23.10.2019 Present : Sh. Virender Singh, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for MCD with Sh. R.C.

Sharma, AE(B).

1. This is an appeal against the demolition order dated

11.06.2018. Ld. counsel for appellant has placed on record

order of the Hon’ble High Court dated 21.10.2019 passed in

Writ Petition No.5833/18 titled Sudesh Kumar Vs. SDMC &

Ors wherein it has been observed that the statutory right of

the applicant to approach the AT, MCD was not curtailed by

the order passed in above Writ Petition.



become infructuous. It is stated that the appellant is the

owner of second floor of the property bearing No.J-3/303

without terrace rights Kalkaji, New Delhi having purchased

the same vide registered sale deed dated 20.01.2012. It is

further stated that a complaint was lodged with MCD by the

owner of ground floor against appellant and the said person

also filed above Writ Petition seeking demolition of the

property in question. It is further stated that appellant has

not raised any unauthorized construction in the property in

question. The construction exists since 2008. It is also

stated that the respondent did not consider the reply filed by

the appellant before passing the impugned order.

3. Status report has been filed by the respondent

stating that the house tax documents form No.38055 for the

year 2001 which was submitted by the appellant indicates

the existence of construction from ground floor to fourth

floor since the year 2001 in the property in question. It is

also stated that the House Tax Department has verified the

above said form with their record. The reply received from

the House Tax Department has been enclosed with the

status report.

4. Heard, keeping in view that the construction in the

property exist since 2001 as per the status report filed by

respondent. Further considering the contention of the Ld.

counsel for appellant that the property in question is

protected under NCT of Delhi Laws (Special Provisions)

Act, respondent is restrained from taking demolition action

in the property in question bearing no. J-3/303, Kalkaji, New

Delhi, pursuant to the impugned order dated 11.06.2018 till

next date of hearing.




in question.












9. Be listed for final arguments on 11.02.2020.


parties, as prayed for.



A.No. 950/16 23.10.2019 Present : Appellant with Ld. counsel Sh. Rahul Kumar.

File taken up on the application moved u/s 151 CPC.

Notice be issued to the respondent for 30.10.2019.



A.No. 633/19 23.10.2019 Present : Sh. Daman Popli, Ld. counsel for appellant.

1. Fresh appeal filed u/s 343 (2) of DMC Act against the

order of demolition dated 28.07.2016 alongwith application

for stay and condonation of delay. Be checked and

registered.



become infructuous. The submissions made are that

appellant No.1 is the absolute owner of the shop on fourth

floor admeasuring 35.39 sq. mtrs, appellants No.2 and 3

are the owners of the shop on fourth floor admeasuring

40.30 sq. mtrs. and appellant No.4 is the absolute owner of

shop on fourth floor admeasuring 35.39 sq.mtrs. in the

property bearing No.1988-89 Katra Shanshai, Chandni

Chowk, Delhi-6 shown in yellow, red and blue colour in the

site plan. It is further stated that the appellants had

purchased the above shops by registered sale deed all

dated 30.12.2016. It is also stated that the entire fourth

floor is old and occupied and exists prior to cut of date of

08.02.2007 and is thus protected under NCT of Delhi Laws

(Special Provisions) Act as amended and extended till

31.12.2020.

3. It is further stated that appellants had got the shops

in question mutated in their names in the record of the

respondent vide mutation certificate dated 25.03.2017. It is

also stated that appellants have paying property tax in

respect of shops since 2004-05. It is further alleged that

appellants came to know of the demolition order only on

16.10.2019 when the vacation notice was served on them.

It is further stated that appellants have not been given an

opportunity of hearing before passing of the impugned

order. It is also alleged that respondent has taken part

demolition action on 21.10.2019 as such appellants

apprehend the demolition of the remaining portion of their

property also.

4. Heard, in view of the above facts and circumstances,

in my view appellants have made out a case for grant of ex-

parte ad-interim stay. Respondent is restrained from taking

further demolition action in the property in question bearing

No. 1988-89 Katra Shanshai, Chandni Chowk, Delhi-6

pursuant to impugned order dated 28.07.2016 till next date

of hearing.




in question.












9. Notice of the appeal and application be issued to the

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

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

10. Be listed for arguments on the application for

condonation of delay and stay on 31.10.2019.





A.No. 629/19 23.10.2019 Present : Sh. Pradeep Chaudhary and Sh. Vikas Chaudhary, Ld.

counsels for appellant.

Fresh appeal filed u/s 347-B of DMC Act against the order

of demolition dated 18.10.2017 alongwith application for

condonation of delay. Be checked and registered.

Notice of the appeal and application be issued to the





Be listed for arguments on the application for condonation of

delay on 25.10.2019.

Process be given dasti, as prayed for.



A.No. 624/19 23.10.2019 Present : Sh. Naresh Gambir, Ld. counsel for appellant.

Ld. counsel for appellant states that he has instructions to

withdraw the appeal with liberty to file fresh one as order of

demolition and sealing has been challenged in the present

appeal whereas only one relief can be claimed in one

appeal. The statement of Ld. counsel for appellant

recorded.

Appeal stands dismissed as withdrawn with liberty as

prayed for.

File be consigned to record room.



A.No. 620/19 23.10.2019 Present : Appellant with Ld. counsel Sh. S.D. Ansari.

Fresh appeal filed u/s 343 of DMC Act against the order of

demolition(copy of the order not placed on record) alongwith

application for stay and condonation of delay. Be checked

and registered.

Notice of the appeal and application be issued to the





Be listed for arguments on the application for condonation of

delay and stay on 30.10.2019.

Process be given dasti, as prayed for.



A.No. 534/18 23.10.2019 Present : Sh. Jatin Rajput, Ld. counsel for appellant.

Sh. N.S. Yadav Ld. counsel for respondent with Sh.

Sandeep Jain, AE(B).

Ld. counsel for appellant seeksx time to file affidavit/

undertaking as per format given by the EDMC alongwith

status report dated 03.09.2019.

Be listed for arguments on 19.11.2019.



A.No. 683/15 & 684/15 23.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

Ld. counsel for appellant states that LPA No.572/11 titled

MCD Vs. Cellular Operator Association of India is pending

before the Hon’ble High Court. Ld. counsel for appellant

seeks time to move an application for regularization after

the decision of the said LPA.

At request adjourned to 02.03.2020 for further proceedings.



A.No. 168/10, 169/10, 170/10, 171/10, 172/10, 261/10, 262/10, 220/12,

221/12, 172/12, 173/12, 174/12, 175/12, 247/12, 248/12, 249/12

23.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. A.L. Agnihotri / Sh. Shashikant Sharma / Sh. Dharamvir

Gupta, Ld. counsel for MCD.

An application moved on behalf of the appellant u/s 14 of

Insolvency and Bankruptcy Code.

In view of the submissions made in the application that IRP

(Interim Resolution Professional) has been appointed by

NCLT Mumbai to take over the assets and management of

the appellant.

Notice be issued to the IRP for 28.02.2020.



A.No. 230/18 23.10.2019 Present : Ms. Farheen Fatima, Ld. proxy counsel for appellant.

Sh. Rameez Abbas, Nodal Officer SDMC.

More time is sought to file status report.

At joint request adjourned for arguments to 20.01.2020.



M.No. 24/19 23.10.2019 Present : Appellant in person.

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

Appellant seeks adjournment as his counsel is not available

today.

Ld. counsel for respondent states that he has not received

the copy of the application u/s 151 CPC moved by the

appellant, the same be supplied during the course of the

day.

To come up for reply and arguments on the application on

05.02.2020.



A.No. 738/17 and 496/17 23.10.2019 Present : Sh. Hari Om Gupta, Ld. counsel for appellant.


At request of Ld. counsel for appellant, adjourned for filing

of the brief synopsis and final arguments to 04.02.2020.




A.No. 436/17 23.10.2019 Present : Appellant No.3 in person.

Sh. Ashutosh Gupta, Ld. counsel for MCD.

Sh. Dalip Rastogi, Ld. counsel for R-3 to R-5.

An application moved on behalf of the appellant under Rule

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

copy supplied.

To come up for reply and arguments on the application on

07.01.2020.



A.No. 854/18 23.10.2019 Present : Appellant with Ld. counsel Sh. Nirmit Gaur.

Sh. Kulbhushan, Ld. counsel for respondent with Sh.

Hament AE(B) and Sh. Avnish Gupta, AE(B).

Respondent is directed to file further status report as to

whether demolition or sealing proceedings are pending.

Be listed for filing status report on 22.11.2019.

AE(B) concerned and LI to be present on next date.



A.No. 594/19 23.10.2019 Present : Sh. Surender Jain, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for MCD.

Ld. counsel for respondent seeks time to file a status report

and record.

Be listed for arguments on the application for stay on

24.10.2019.



A.No. 909/18 23.10.2019 Present : Ms. Sheefali Patial, Ld. counsel for appellant.


No time left as one regular stenographer is on leave.

Be listed for further arguments / orders on 26.11.2019.



A.No. 274/19 & 275/19 23.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.


Vide separate detailed common order, the present appeals

are allowed and the same are remanded back to the

respondent for fresh decision.

The file of the department, if any, be returned to the

respondent alongwith copy of this order. Files be consigned

to record room.



A.No. 624/19 23.10.2019 Statement of Sh. Naresh Gambhir, ld. counsel for appellant Enrol No.D-

1177/2000 Chamber No.39, Western Wing, Tis Hazari Courts, Delhi

On SA

I have instructions to withdraw the appeal with liberty to file fresh one as

two orders i.e. order of demolition and sealing has been challenged in the

present appeal. I may be given liberty to file two appeals to challenge the

said orders.

RO & AC



A.No. 250/17 & 315/17 23.10.2019 Present : Sh. C.S.Bhandari, Ld. counsel for appellant.


Ld. counsel for respondent states that the status report and

affidavit of the appellant regarding demolition of one room

and swimming pool on first floor is not filed. Copy has been

supplied. To come up for filing of status report. EE(B)II to

be present on the next date.

Be listed for final arguments on 13/11/2019.



A.No. 427/15 23.10.2019 Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Shashikant Sharma , Ld. counsel for respondent.

At request on Ld. counsel for appellant adjourned for final

arguments to 06.02.2020.

Interim orders if, any be continued till next date.



A.No. 409/18, 1034/15, 1035/15, 767/14, 81/15 23.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Dharamvir Gupta/Ms. Manjusha Jha /Sh. Vikash Kumar/

Sh. Atul/ Counsels for respondent.

At the request of Ld. counsel for appellant adjourned for

filing brief synopsis and final arguments to 24.01.2020.

Interim orders, if any, to continue till next date.



A.No. 135/16 23.10.2019 Present : Sh. Dalip Rastogi, Ld.counsel for appellant.

Ms. Aimyn Naaz, Ld. proxy counsel for M.C.D.

At joint request adjourned for final arguments to 18.02.2020.




A.No. 110/17, 206/17, 654/16 23.10.2019 Present : Sh. Dalip Rastogi, counsel for appellant.

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

Fresh vakalatnama filed on behalf of appellant at request of

Ld. counsel of appellant adjourned for final arguments to

27.02.2020.


(POONAM CHAUDHARY)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

23.10.2019

A.No. 1183/15 23.10.2019 Present : Appellant with Ld. counsel Sh. Shiv Dayal.

Ms. Nagina Jain, counsel for SDMC.

Ld. counsel for appellant seeks time to file documents. At

request adjourned for final arguments and brief synopsis.


Interim orders if any to continue till next date.



A.No. 817/14 23.10.2019 Present : Sh. Arun Francis, Ld. counsel for appellant.

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

Ld. counsel for appellant seeks more time to file brief

synopsis. At request adjourned for final arguments to

18.12.2019.

(POONAM CHAUDHARY)

AD&SJ-cum-P.O. Appellate Tribunal:MCD

23.10.2019

A.No. 161/18 23.10.2019 Present : Shri Dalip Rastogi, Ld. counsel for appellant.

Nodal Officer Shri Rameez Abbas for SDMC.

Respondent No. 5 in person.

counsel for respondent 2 to 4.

Ld. Counsel for appellant states that appellant has moved

an application for reopening of regularization file.

E/E(B) to be present on the next date with the status report

of the same.


Interim orders if any to continue till next date.



A.No. 406/16 23.10.2019 Present : None for appellant.

Ms. Dipti Dogra, Ld. Counsel for DDA.

No one has appeared on behalf of the appellant despite

Several calls since morning.

On last dates of hearing also none had appeared for the

appellant.

The appeal is accordingly dismissed in default and for non

prosecution. Respondent is at liberty to take action in the

property in question in accordance with law. File of the

department if any be returned to the respondent alongwith

copy of this order. File be consigned to record room.



A.No. 577/2019 23.10.2019 Present : Ms. Priti, Ld. counsel for appellant.

Amyn Naaz proxy counsel for MC.D.

Adjournment sought on behalf of respondent for filing record

and status report. To come up for final arguments on

22.11.19.



A.No. 358/18 and 351/19 23.10.2019 Present : Sh. D.S.Khatri, Ld.Counsel for appellant.

Sh.Shashikant Sharma, Ld. counsel for respondent.

Ld. counsel for respondent states that the status report

could not be filed as copy of affidavit was not supplied. The

same has been supplied today.

To come up for filing of status report. E/E(B) to be present

on next date.

To come up for Final Arguments on 13.11.2019.



A.No. 450/18 & 451/18 23.10.2019 Present : Appellant in person.

Ms. Nagina, Ld. counsel for MCD

Sh. Rajiv Garg, ALO.

Manorama Masih for the Monitoring Committee.

Vakalatnama filed on behalf of Monitoring Committee.

Ld. counsel for Monitoring Committee states that a copy of

appeal be supplied to file status report. A copy be supplied

today itself.

To come up for filing of Status Report by Monitoring

Committee and final arguments on 18.02.2020.



A.No. 358/18 and 351/19 23.10.2019 Present : Sh. D.S.Khatri, Ld. Counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for respondent.

Ld. counsel for respondent states that the status report and

affidavit of the appellant regarding demolition of one room

and swimming pool on first floor could not be filed as copy

of affidavit was not supplied. The same has been supplied

today.



A.No. 1183/15 23.10.2019 Present : Appellant with Ld. counsel Sh. Shiv Dayal.

Ms. Nagina Jain, counsel for SDMC.

Ld. counsel for appellant seeks time to file documents. At

request adjourned for filing of brief synopsis and final

arguments to 06.02.2020.




A.No. 480/18 23.10.2019

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

Sh. Dharamvir Gupta, Ld. counsel for respondent with Sh.

Anurag Sharma JE (B).

Status Report filed. It is stated that the appellant, after

demolishing the construction of upper floors, applied for

regularization of ground floor vide file No. F-27/Reg./EE

(B)/CSPZ dated 26.10.2018 which has been regularized on

31.05.2019. The owner/builder has deposited the requisite

charges to the tune of Rs. 2,50,700 towards

regularization/compounding charges and Rs. 1,77,605

towards one time conversion charges and penalty. At

present there exists no unauthorized construction.

(POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD 23.10.2019

A.No. 614/18 23.10.2019

Present : None for appellant.

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

Sealing record has not been filed. E/E(B) to be present on

next date with the sealing record.

Be listed on 06.11.2019.


A.No. 614/18 23.10.2019

Present : None for appellant.

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

Sealing record has not been filed. E/E(B) to be present on

next date with the sealing record.

Be listed on 06.11.2019.


A.No. 915/18

23.10.2019

Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

Sh. A.K.Mittal, Ld. proxy counsel for MCD with Sh. Deepak

Tyagi, AE(B).

Sh. K.N.Singh, Ld. counsel for applicant.

Status report filed, copy supplied.

At request of Ld. counsel for applicant adjourned for

arguments on the application under order 1 Rule 10 CPC.

Ld. counsel for appellant states that an application under

Rule 14 of D.M.C. Appellate Tribunal (Procedure) Rules

moved by the appellant is also pending.

Be also listed for arguments on the said application on next

date i.e. 13.02.2019.



A.No. 250/17 & 315/17

23.10.2019 Present: Sh. S.C.Bhandari, Ld. counsel for appellant. Sh. Dharamvir Gupta, Ld. counsel for M.C.D.

Ld. counsel for respondent seeks time to file record and

status report.

At request adjourned for final argument to 05.02.2020.


A.No. 250/17 & 315/19

23.10.2019 Present: Sh. S.C.Bhandari, Ld. counsel for appellant. Sh. Dharamvir Gupta, Ld. counsel for M.C.D.

Ld. counsel for respondent seeks time to file record and

status report.

At request adjourned for final argument to 05.02.2020.

(POONAM CHAUDHARY) AD&SJ-cum-P.O. Appellate Tribunal:MCD

A.No. 615/19

23.10.2019 Present: Sh. Dalip Rastogi, Ld. counsel for appellant.


1. This is an appeal against the order of demolition dated

26.06.2018.

2. Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous. It is stated that appellant is the

owner of the property in question bearing No. IX/449,

Khasra No. 364/338/57, Bansarsi Dass Building, Gandhi

Nagar, Shahdara, Delhi-31 having purchased the same

vide registered sale deed dated 30.06.2010. It is further

stated after purchasing the property appellant raised the

construction on second floor, the ground floor and first

floor already existed at the time of purchase. It is further

stated that property is situated in unauthorized

regularized colony.

3. It is further alleged by Ld. counsel for appellant that

while construction were being raised, the appellant was

served with show cause notice dated 29.05.2018 which

was duly replied vide reply dated 16.06.2018. It is also

stated that the impugned order has been passed without

considering the reply of the appellant as is evident from

the facts there is no mention of the reply in the impugned

order. It is further stated that the appellant was

thereafter served with sealing order dated 24.07.2019.

The sealing order was passed without issuance of

mandatory show cause notice. It is further stated that

the application for regularization dated 20.12.2018 is

pending consideration with the respondent.

4. Heard, keeping in view the facts that application for

regularization is pending there shall be interim stay of

demolition, till the decision of regularization application

Respondent is restrained from taking any demolition

action in the property in question bearing no. IX/449,

Khasra No. 364/338/57, Banarsi Dass Building, Gandhi

Nagar, Shahdara, Delhi-31 pursuant to the impugned

order dated 26.06.2018 till next date of hearing.


the Hon’ble Supreme Court / Hon’ble High Court /

Hon’ble NGT about sealing and demolition in respect of

the property in question.


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.

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

by the appellant, who shall verify whether details of


8. 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.



10. A copy of the order be given Dasti to counsel for appellant as prayed for.



a.no. 260/17 23.10.2019 present : appellant in person...

Documents