a.no. 267/18. ld. counsel for respondent states that he...

A.No. 267/18. 16.09.2019 Present : Shri Vijay Kumar Sharma,Ld. counsel for appellant .

Shri Gyanender Kumar, Ld. counsel for respondent.

Ld. counsel for respondent states that he has received the

copy of condonation of delay today and seeks time to file

reply to the same. Ld. Counsel for respondent further states

that this is the third appeal in respect of the same impugned

order.

Ld. counsel for appellant submits that the first appeal was

filed by the lessee Signature Heritage Infrastructure Private

Limited and was withdrawn. Thereafter second appeal was

filed by the attorney of the appellant and is pending and this

is the third appeal.

Ld. counsel for respondent seeks time to file the status

report.

At request of Ld. Counsel for appellant, be listed with the

connected Appeal No. 970/14 on 04.11.2019.

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

Appellate Tribunal:MCD 16.09.2019

A.No. 302/11 16.09.2019 Present : Shri Tushant, Ld. proxy counsel for appellant .

Ms. Praveen Sharma, Ld. counsel for respondent.

Ms. Manorma Massi, Ld. counsel for Monitoring Committee.

Ld. counsel for Monitoring Committee submits that the

status report has already been filed and no further status

report is required to be filed.

Ld. counsel for respondent states that the respondent has

sent a letter to the SDM concerned with a request to provide

the status of land in question which has not been received

till date. The respondent will take steps to obtain the same.

To come up for filing of status report by respondent on

10.12.2019.



A.No. 801/17. 16.09.2019 Present : Shri Satish Chand Sharma, Ld. counsel for appellant .

Shri Prashant, Ld. counsel for respondent.

Shri H.R. Marwah, Ld. Counsel for applicant.

Arguments partly heard under Order 1 Rule 10 CPC.

Ld. counsel for applicant seeks time to file documents.

Be listed for further arguments on the application under

Order 1 Rule 10 CPC on 20.12.2019.

Interim order to continue till next date.



A.No. 478/13 and 479/18. 16.09.2019 Present : Shri Sandeep Kumar, Ld. proxy counsel for appellant .

Shri Mohit Sharma, Ld. counsel for respondent.

Shri H.R.Aggarwal, Ld. counsel for DDA .

Written submissions filed on behalf of the respondent, copy

supplied.

Ld. Counsel for respondent states that he has received

telephonic information from the Ld. counsel for Monitoring

Committee that she will not be able to come today as she is

ill.

At request of Ld. Proxy counsel for appellant, adjourned as

main counsel is busy in some other court..

To come up for filing of status report by the Monitoring

Committee on 15.11.2019.



A.No. 299/19. 16.09.2019 Present : Shri Anuj Pandey, Ld. proxy counsel for appellant .

Shri H.R. Aggarwal, Ld. counsel for respondent.

Rejoinder filed on behalf of the respondent alongwith

documents, copy supplied.

An application moved under Order 1 Rule 10 CPC, copy

supplied.

Ld. Counsel for appellant seeks adjournment as main

counsel is not available today.

To come up for reply and arguments on the application

under Order 1 Rule 10 CPC and application for interim stay

on 10.12.2019.



A.No.714/14. 16.09.2019 Present : Shri Vikas Sood, Ld. counsel for appellant.

Shri Nilesh Sahani, Ld. counsel for NDMC.

Ld. Counsel for appellant states that the connected appeal

is listed on 18.12.2019.

At request of Ld, counsel for appellant, adjourned for final

arguments to 18.12.2019.



A.No. 577/16. 16.09.2019 Present : None for appellant.

Ms. Manjusha Jha, Ld. counsel for respondent. None has appeared on behalf of the appellant for the last

few dated. It appears that appellant is not interested in

pursuing the appeal.

The appeal is accordingly dismissed in default and for non

prosecution. The impugned demolition orders dated

13.05.2016 is confirmed. The respondent is at liberty to

take action in accordance with law in the property in

question. Dy. Commissioner concerned to ensure the

compliance of the impugned orders.

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

respondent alongwith a copy of this order.

File be consigned to record room.



A.No. 689/18. 16.09.2019 Present : None for appellant.

Ms. Beena Sharma,Ld. counsel for respondent .

As none has appeared on behalf of the appellant, be listed

for further proceedings/final arguments on 21.01.2020.



A.No. 184/18,185/18, 186/18 and 49/19. 16.09.2019 Present : Shri A.S.Chouchary, Ld. counsel for appellant .

Shri Umang Mittal, Ld. counsel for respondent.

Shri Tanuj Sharma, Ld. counsel for respondent No.

2.(Appeal No. 186/18)

Ld. counsel for respondent No. 2 states that he has not

received the copy of the appeal, the same be supplied.

At request of Ld. counsel for respondent No. 2, adjourned

for final arguments with the connected appeal on

23.01.2020.

Objections filed on behalf of the appellant in respect of

Appeal Nos. 184/18 and 185/18 and 49/19.

At request of Ld. counsel for appellant adjourned for final

arguments on 23.01.2020.

Interim order to continue till next date.



A.No. 45/15. 16.09.2019. Present : Sh. Samar Bansal, Ld. Counsel for appellant.

Sh. Nilesh Sawhney, Ld. Counsel for New Delhi Municipal

Council.

Ld. Counsel for appellant seeks more time to file objections.

Be listed for final arguments on 07.01.2020.


Appellate Tribunal:MCD 16.09.2019.

A.No. 605/15. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. S.S. Rana and Sh. R.N.

Oberoi.

Sh. Shashikant Sharma, Ld. counsel for EDMC

Sh. Visweswaran, applicant in person.

Ld. Counsel for appellant states that appellant does not

wish to pursue the appeal and wishes to withdraw the same.

Statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 12.11.2013 stands confirmed. Respondent is at liberty

to take action in property in question in accordance with per

law. AE(B) concerned to file action taken report before the

Dy. Commissioner concerned who shall ensure the

compliance of the impugned order.

The application moved by applicant u/s. 151 CPC stands

dismissed as infructuous.


respondent.




A.No. 254-SCM-14. 16.09.2019. Present : Sh. Shravan Sahny, Ld. Counsel for appellant.


Council.

Ms. Manorama Massey, Ld. Proxy counsel for Monitoring

Committee.

Proxy counsel for Monitoring Committee seeks more time to

file record, last opportunity granted.

Be listed for further proceedings on 18.11.2019.



A.No. 725/13. 16.09.2019. Present : Sh. Shravan Sahny, Ld. Counsel for appellant.


Council.


Committee.

Proxy counsel for Monitoring Committee seeks more time to

file record, last opportunity granted.




A.No. 246/18. 16.09.2019. Present : None for appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.

Veer Pal Singh, AE(B).

Status report filed.

None has appeared for appellant, be awaited till 1.00 pm.



1.00 p.m. Present None for appellant Sh. V.K. Aggarwal, Counsel for North DMC

It is 1.00 p.m., none has appeared for appellant despite of

several calls since morning. Even on the previous date of

hearing, none had appeared for the appellant. The appeal

accordingly stands dismissed in default and for non-

prosecution. Resultantly, the impugned order dated

29.11.2017 stands confirmed. Respondent is at liberty to

take action in the property in question in accordance with

law in terms of the impugned order. AE (B) concerned is

directed to submit the action taken report before Dy.

Commissioner concerned who will ensure the compliance of

the impugned order.


respondent along with copy of this order.


(POONAM CHAUDHARY)

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

16.09.2019.

A.No. 77/16 16.09.2019. Present : Sh. Sumit Chawla, son of appellant.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC.

None for PWD.

Be awaited for 12.00 pm.



1.15 p.m. Present:- Sh. Saurabh Shokeen, Counsel for appellant

Sh. Abdul Haq, Nodal Officer for North DMC

Sh. Raj Kishore, AE, NWR-2, PWD

It is submitted by the official of PWD that the report could

not be brought today as here was some confusion regarding

number of property. The property in question bears No.

A-1 & 2, Block A, Budh Vihar, Phase-I, Delhi whereas in the

order, the number mentioned is B-1 & 2, Block A, Budh

Vihar, Phase-I, Delhi.

Heard, on the oral request of Ld. Counsel for appellant,

typographical error regarding number of property in order

dated 9.07.2019 stands corrected, the same be read as A-

1& 2, Block A, Budh Vihar, Phase-I, Delhi.

AE(PWD), North West-2 is directed to file status report on

the next date.

Be listed on 2.12.2019.

Copy of order be given dasti to the AE of PWD as prayed

for.



A.No. 546/17. 16.09.2019. Present : Sh. Manish Kumar, Ld. Counsel for appellant.

Sh. Madan Sagar, Ld. Counsel for SDMC.


Committee.

Status report filed stating that status report stating that the

verification of details of measurement / construction in the

affidavit of the appellant could not be done as the property

is lying sealed under the directions of the Monitoring

Committee. It is stated that the matter is required to be

placed before the Monitoring Committee.

Respondent is directed to place on record the orders of the

Monitoring Committee.

Proxy counsel for Monitoring Committee seeks time to file

status report.

Ld. Counsel for appellant states that the connected appeals

are listed on 24.01.2020.

Accordingly at request, be listed for final arguments on

24.01.2020.

Interim orders to continue till next date of hearing.



A.No. 549/17. 16.09.2019. Present : Sh. Manish Kumar, Ld. Counsel for appellant.

Sh. Madan Sagar, Ld. Counsel for SDMC.


Committee.

Status report filed, copy supplied.

Ld. Counsel for appellant states that he has not received the

copy of report, the same be supplied by the respondent.

At joint request, adjourned for final arguments to

27.01.2020.




A.No. 892/18 and 893/18. 16.09.2019. Present : Sh. Nitin Shoukeen, Ld. Proxy counsel for appellant.

Ms. Babita Kaushik, Ld. Proxy counsel for New Delhi

Municipal Council with Sh. V.K. Nimesh, EE(E-BR), Sh.

Yash Pal, JE (EBR) and Sh. Ashok Kumar, Sr.Asstt / Nodal

Officer.

Proxy counsel for respondent states that copy of application

u/s. 151 CPC was not supplied, the same has been

supplied today.

Be listed for filing of status report, reply and arguments on

the application on 06.01.2020.




A.No. 278/19. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Avinash Kumar.

Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.

Rajesh Mann, LI.

Status report filed stating that the property in question is not

in the list of properties provided by DSIIDC.

Respondent is directed to file further status report clarifying

whether in this matter, Ld. Dy. Commissioner has filed

affidavit in the Hon’ble Supreme Court in Writ Petition no.

4677/1985 in case titled as M.C. Mehta Vs. UOI and also if

not then respondent will calculate misuse charges / penalty

payable by the appellant and file a report.

Ld. Counsel for respondent states that the property is

required to be desealed for the purpose of calculation of

misuse charges. Respondent is allowed to deseal the

property on 25.09.2019 from 11.00 am to 5.00 pm in the

presence of appellant to calculate the misuse charges. The

property be thereafter resealed on the same date.

Be listed now for filing of status report on 05.11.2019.

A copy of order be given dasti to Ld. Counsel for

respondent, as prayed for.



A.No. 133/19. 16.09.2019. Present : Appellant in person.

Sh. H.R. Aggarwal, Ld. Counsel for North DMC with Sh.

Baljeet Singh, LI.

Status report filed stating that misuse charges amounting to

Rs.11,39,420/- are payable, copy supplied.

To come up for filing of further status report clarifying the

purpose for which the property can be used and also

whether this property is part of 21960 industrial units in

which the affidavit has been filed by the Commissioner,

MCD before the Hon’ble Supreme Court in M.C. Mehta Vs.

UOI in Writ Petition No. 4677/1985.


Concerned LI to be present on the next date.



A.No. 505/19. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Mukesh Kumar.

Sh. K.K. Arora, Ld. Counsel for North DMC.

Time is sought to file status report and record.

To come up for arguments on the application for stay on

15.10.2019.



A.No. 486/19. 16.09.2019. Present : Sh. Mohan Kumar, Ld. Counsel for appellant.

Sh. Varun Sharma, Ld. Counsel for SDMC.

Fresh Vakalatnama filed on behalf of the respondent.

Time is sought to file status report and record.

Ld. Counsel for appellant states that the respondent had

granted regularization / permission for erection of the tower

on the roof top of the property in question vide letter dated

03.10.2018. Status report of the same be filed on the next

date.




A.No. 474/18. 16.09.2019. Present : Appellant with Ld. Counsel, Sh. Gurpreet Singh.

Sh. Nitin, Ld. Proxy counsel for North DMC with Sh.

Deepesh, LI.

Status report filed stating that the appellant has paid the

conversion / penalty charges vide G-8 no. 50843 dated

29.08.2019, photocopy of the receipt of payment has been

filed.

Ld. Counsel for respondent seeks time to file status report

clarifying whether the property in question is one of the

21960 industrial units in which affidavit has been filed by Ld.

Commissioner in the matter of M.C. Mehta Vs. UOI in Writ

Petition no. 4677/1985 and further clarifying the purpose for

which it can be used.

Concerned LI to be present on the next date.

Dy. Commissioner to be present on the next date in case

status report is not filed.




A.No. 475/19, 114/12 and 418/11.. 16.09.2019. Present : Sh. Deepak Bajaj, partner of the appellant with Ld. Proxy

counsel, Ms. Rachita.

Sh. Sanjeev Kumar Yadav, Ld. Counsel for SDMC.

Fresh Vakalatnama filed on behalf of the respondent in

appeal no. 475/19.

Proxy counsel for appellant states that appeal is pending

before Ld. District and Sessions Judge, Delhi in the

connected appeal bearing no. 33/12.

At request, be listed for arguments on the decision of the

above appeal.

Put up for further proceedings on 14.11.2019.



A.No. 33/12. 16.09.2019. Present : Sh. Deepak Bajaj, partner of the appellant with Ld. Proxy

counsel, Ms. Rachita.

Sh. Sanjeev Kumar Yadav, Ld. Counsel for SDMC.

Proxy counsel for appellant states that appeal is pending

before Ld. District and Sessions Judge, Delhi.

Be listed for awaiting the orders on 14.11.2019.



A.No. 96/18 16.09.2019. Present : Sh. R.L. Kohli, counsel for appellant

Sh. Nitin Kumar, Proxy Counsel for respondent

The application has been moved for restoration of appeal. It

is stated that when the Ld. Counsel for appellant made

enquiry from the staff about the pendency of matter, on

29.07.2019, it was learnt that the appeal the appeal was

dismissed in default on 25.07.2019. It is further stated that

the non-appearance of the counsel and appellant was

unintentional.

Ld. Counsel for the respondent had opposed the

application.

I have heard Ld. Counsels for parties and perused the

record, appellant had absent on last two dates of hearing.

Keeping in view submissions made by appellant which is

supported by the affidavit of appellant and in the interest of

justice, order dated 25.07.2019 is set aside subject to

payment of Rs. 3,000/- as cost by appellant in the Registry

as appellant has not been diligent in pursuing the appeal.

The appeal stands restored to its original number.

Application stands disposed off.

Be now listed for final arguments on 8.01.2020.



A.No. 512/19 16.09.2019. Present : Sh. Sidharth Verma, Counsel for the appellant

Sh. Sagar Dhama, Counsel for the respondent

Sh. Manoj Kumar, AE(Building)

An application moved on behalf of the appellant for

directions to MCD to remove the rubble/malba and also to

de-seal the common passage, copy supplied.

Status Report filed, copy supplied.

To come up now for arguments for reply on the application

on 4.12.2019.



A.No. 897/17 & 868/14 16.09.2019. Present : Appellant with Counsel Mr. M. Hussain

Sh. Madan Sagar, Counsel for respondent

Ld. Counsel for appellant states that appellant does not

wish to pursue the appeal and wishes to withdraw the

same. The statement of appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. The respondent is at liberty to take

action in the property in question in accordance with law.

AE(B) concerned to file action taken report before the Dy.

Commissioner concerned who shall ensure the compliance

of the impugned order.


respondent.




A.No. 921/18 16.09.2019. Present : Sh. B.S. Rathore, Counsel for appellant

Sh. Hardik bedi, Counsel for respondent

Sh. K.K. Singh, Counsel for applicant

An appelication moved under order 1 Rule 10 read with

Section 151 CPC, copy supplied.

To come up for arguments on reply of application on

16.12.2019.




A.No. 953/16 16.09.2019. Present : Sh. Rupesh Sharma, Counsel for appellant

Sh. A.L. Agnihotri, Counsel for MCD

At the request of Ld. Counsel of appellant, adjourned for

final arguments to 12.12.2019.



A.No. 61/18 and 62/18 16.09.2019. Present : Sh. Dalip Rastogi, Counsel for appellant

Sh. Harshit Thakur, Proxy Counsel for respondent

Sh. R.K. Garg, AE(Building)

At request of Ld. Proxy Counsel for respondent, adjourned

for final arguments to 15.11.2019 as the main counsel is

busy today in Hon’ble High court.



A.No. 303/18 & 304/18 16.09.2019. Present : Sh. Dalip Rastogi, Counsel for appellant

Sh. Dharamvir Gupta, Counsel for North DMC

At request for Ld. Counsels for parties, adjourned for filing

of brief synopsis and final arguments to 23.01.2020.




A.No. 273/18 & 97/16 16.09.2019. Present : Sh. Mohit Gulati, Proxy Counsel for appellant

Sh. Shashikant Sharma, Counsel for respondent in appeal

No. 97/16

Ms. Manjusha Jha, Counsels for respondent in appeal

No.273/18

Request is made for adjournment by Ld. Proxy Counsel for

appellant as main counsel is busy in Rohini Court today.

At request of Ld. Proxy Counsel for appellant, adjourned for

final arguments to 2.2.2020.



A.No. 395/19 16.09.2019 Present : Appellant in person.

Sh. Shashikant Sharma, Ld. counsel for North DMC.

Appellant seeks adjournment as his counsel is not available

today.

At request, adjourned to 14.01.2020 for arguments.



A.No. 1074/15 16.09.2019 Present : Appellant with Ld. counsel Sh. Rajesh Kumar.

Ms. Praveen Sharma, Ld. counsel for respondent.

Ld. counsel for respondent states that she does not wish to

file reply to the application moved by the appellant for

temporary desealing of the property in question to remove

the unauthorized construction / deviations.

It is prayed by Ld. counsel for appellant that the property be

desealed for a period of two months for the said purpose.

Respondent is directed to deseal the property in question

bearing No.24, Block-D NDSE-I, New Delhi for a period of

45 days w.e.f. 23.09.2019 to 07.11.2019 and thereafter

reseal it on 07.11.2019. In the meantime appellant is

directed not to raise any further unauthorized construction

and also not to create any third party interest in the property

in question.

AE(B) concerned will inspect the property during the period

it is desealed to ensure that there is no misuse of the

property. Status report to be filed by the respondent on next

date fixed.


A copy of order be given dasti to the Ld. counsel for parties,

as prayed for.



A.No. 445/19 and 447/19 16.09.2019 Present : Sh. Shekhar Nanawati, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC with Sh. Athar

Mustafa, AE(B).

Status report filed stating that unauthorized construction in

the shape of first floor (prior demolition old structure) was

booked in the property in question, thereafter demolition

order was passed on 06.02.2019. It is stated that property

was again booked on 15.02.2019 for unauthorized

construction in the shape of second floor and show cause

notice was issued and demolition order was passed on

08.03.2019. It is further stated that the application for

regularization moved by the appellant has been rejected.

Ld. counsel for appellant seeks time to file objections.

Be listed for arguments on the application for stay on

27.11.2019.

Interim protection granted by the Hon’ble High Court to

continue till next date.



A.No. 457/19 & 458/19 16.09.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.

Sh. V.K. Aggarwal / Sh. Mohit Sharma, Ld. counsel for

MCD.

Ld. counsel for respondent seeks more time to file the

status report as to whether property in question is protected

by NCT of Delhi Laws (Special Provisions) Act or not.

Ld. counsel for appellant has filed a copy of the sale deed of

the erstwhile owner dated 19.05.1986 today in support of

his contention that the construction in the property in

question is old and protected under the above Act. Copy of

the same be supplied to opposite side

Ld. counsel for appellant states that an application has been

moved for regularization, status report of the same be filed

on next date.

At request of Ld. counsel for appellant, be listed for

arguments with the connected appeal on 22.10.2019.



A.No. 446/19 16.09.2019 Present : Sh. M.P.S. Kasana, Ld. counsel for appellant.

Sh. Nitin, Ld. proxy counsel for respondent with Sh. R.K.

Garg, AE(B).

More time is sought to file the status report.

EE(B) concerned will appear on next date with status report

Be listed for filing report on 24.09.2019.

2, Block-H, Kh. No.238, Gokulpur, New Delhi2, Block-H, Kh.

No.238, Gokulpur, New Delhi



A.No. 452/19 16.09.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Nitin Ld. proxy counsel for respondent.

More time is sought to file the status report and record.

Ld. counsel for appellant has pressed application for interim

stay on the ground that otherwise appeal will become

infructuous.

It is stated that appellants are the joint owners of the

property in question bearing No.290, Khasra No.44/21 min,

Swarn Park, Village Mundka, Delhi by virtue of registered

sale deed dated 07.04.2013. It is further stated that

appellants have not carried out any new construction or

unauthorized construction but had only carried out

permissible repairs as envisaged in clause 2.14 of the New

Unified Bldg. Bye Laws-2016. It is also stated that property

is old and occupied, in this regard a copy of the order of the

Revenue Asstt, SDM Punjabi Bagh, Nangloi, Delhi has been

filed to show that construction existed in the shape of

boundary wall and godwon is protected in view of the NCT

of Delhi Laws (Special Provisions) (Second Amendment)

Act, 2014 as it was constructed prior to 01.06.2014. It is

further stated that impugned order has been passed without

considering that appeal property is protected from punitive

action till 31.12.2020 in view of NCT of Delhi Laws (Special

Provisions) Act.

More time is sought to file record.

Two adjournments have already been sought by the

respondent to file the status report and record.

Heard, keeping in view the above facts and circumstances

and further considering that respondent has not filed the

record there shall be interim stay of demolition, respondent

is restrained from taking demolition action in the property in

question i.e. property bearing No.290, Khasra No.44/21 min,

Swarn Park, Village Mundka, Delhi till next date of hearing

pursuant to impugned demolition order dated 03.07.2014.

However, this order is subject to any order passed by the

Hon’ble Supreme Court / Hon’ble High Court / Hon’ble NGT

about sealing and demolition in respect of the property in

question.

Appellant is directed to file affidavit giving details of

construction with measurements of the existing construction

alongwith existing site plan and photographs of the property

in question within five working days, failing which stay order

granted shall deemed to be vacated.

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

the appellant, who shall verify whether details of

construction mentioned in the affidavit is correct or not.

Appellant is also directed not to carry out any addition,

alteration, repair or construction and shall also not create

any third party interest in the property in question.

Be listed for arguments on 10.12.2019.

A copy of the order be given Dasti to counsel for parties, as

prayed for.




Sh. Nitin Ld. proxy counsel for respondent.

At request of Ld. counsel for appellant, be listed for

arguments with connected appeal on 10.12.2019.



A.No. 593/15 & 595/15 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for MCD.

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

report.

Be listed for filing status report on 13.12.2019.



A.No. 918/16 16.09.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

Ms. Manjusha Jha, Ld. counsel for respondent with Sh.

Roshan Lal, AE(B).

This appeal pertains to order of rejection dated 08.09.2016

for installation of telecommunication tower at the roof top of

property No. 2, Block-H, Kh. No.238, Gokulpur, New Delhi.

Ld. counsel for respondent has filed the permission letter

stating that respondent has granted permission

/regularization of telecommunication tower in the property in

question vide file No.61/MT/B-1/SH/N/2018 dated

14.06.2018. The permission of regularization is valid up to

17.01.2021.

It is submitted by Ld. counsel for appellant that rejection

order be set aside as regularization has been granted vide

and the appeal may be disposed off.

In view of permission / regularization granted by respondent

the impugned order of rejection dated 08.09.2016 is set

aside on compliance of the terms and condition of letter

dated 14.06.2018 till 27.01.2021.

The respondent is at liberty to take action after 27.01.2021

in accordance with law.

The appellant is directed to abide by all the terms and

conditions of the permission letter and on violation of any

condition of the said letter the respondent will be at liberty to

take action as per law against the telecommunication tower

in question.

The appeal stands disposed off.


respondent alongwith copy of this order. File be consigned

to record room.




Sh. V.K. Montoo, Dy. Law Officer with Sh. R.K. Verma,

AE(B).

This appeal pertains to order of sealing dated 27.05.2016 of

telecommunication tower installed at the roof top of

property in question No. G-46, Ravidass Nagar, Narela,

Delhi-40.

Status report filed stating that the respondent has

regularized the tower in question installed at the roof of top

of the property in question vide permission letter

No.AE/B/NRZ/2019/D-156 dated 26.12.2018 for a period of

five years w.e.f. December 2015 to November 2020.

It is submitted by Ld. counsel for appellant that sealing order

be set aside as regularization has been granted and the

appeal may be disposed off. It is prayed that respondent be

directed to deseal the tower in question.


the impugned order of sealing dated 27.05.2016 is set aside

subject to compliance of the terms and condition of letter

dated 26.12.2018 till November 2020 in the property in

question.

The respondent is at liberty to take action after November

2020 in accordance with law.





in question.

The appeal stands disposed off. Respondent is directed to

deseal the tower in question within two weeks.



to record room.




Sh. Amit Kumar, Ld. proxy counsel for North DMC.

This appeal pertains to order of rejection dated 16.02.2017

for installation of telecommunication tower at the roof top of

property No.1/128, Khasra No.221, Village Jagatpur, Delhi-

84.

Status report filed stating that the cell tower in question has

been regularized vide letter No.D-6069/EE(B)-I/CLZ/2019

dated 30.08.2019.

Ld. counsel for respondent has filed the permission letter

with the status report stating that respondent has granted

permission /regularization of telecommunication tower in the

property in question. The permission of regularization is

w.e.f. 08.09.2016 to 07.09.2021.

It is submitted by Ld. counsel for appellant that rejection

order be set aside as regularization has been granted vide

and the appeal may be disposed off.


the impugned order of rejection dated 16.02.2017 is set

aside on compliance of the terms and condition of letter

dated 30.08.2019.

The respondent is at liberty to take action after 07.09.2021

in accordance with law in the property in question.





in question.

The appeal stands disposed off.



to record room.




Sh. V.K. Aggarwal, Ld. proxy counsel for EDMC.

AE(B) concerned to be present on next date with the status

report.




A.No.01/19 & 02/19 16.09.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Ms. Babita Ld. proxy counsel for NDMC.

Show cause notice be issued to the Executive Engineer

concerned to be present on next date alongwith status

report.




A.No. 468/19, 469/19 & 470/19 16.09.2019 Present : Sh. Daman Popli, Ld. counsel for appellant.

Sh. Shashikant Sharma / Sh. Pramod Kaushik / Sh. S. Adil

Hussain, Ld. counsel for North DMC with Sh. Rajeev Garg,

ALO and Sh. Sunil Kumar, AE(B).

Vakalatnama filed on behalf of respondent in appeal

No.469/19.

Ld. counsel for appellant has pressed the application for

stay on the ground that the appellants apprehenads

demolition of the property in question. It is further stated

that the property in question is protected by NCT of Delhi

Laws (Special Provisions) Act.

I have perused the copy of reply to the show cause notice

filed by appellant before respondent wherein the said fact

has not been mentioned. Accordingly, the respondent is

directed to file the status report whether the property in

question is protected under NCT Delhi Laws (Special

Provisions) Act or not.

Application be listed on the date area fixed i.e.25.09.2019.




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

order of sealing dated 02.09.2019 alongwith application for

stay. Be checked and registered.

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.


17.09.2019.

Process be given dasti as prayed for.




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

order of demolition dated 17.06.2019 alongwith application

for stay and condonation of delay. Be checked and

registered.






Be listed for arguments on the application for condonation of

delay and stay on 17.09.2019.





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

order of demolition dated 26.08.2019 alongwith application

for stay. Be checked and registered.







18.09.2019.




A.No. 528/19 16.09.2019 Present : Appellant with Ld. counsels Sh. Abhijat and Sh. Arpit

Kumar.

Fresh appeal filed u/s 343 (2) and 347-B (1) (k) of the DMC

Act against the show cause notice dated 20.08.2019

alongwith application for stay. Be checked and registered.







18.09.2019.




A.No. 897/17 16.09.2019 Statement of Sh. Jatin Aggarwal S/o Late Sh. R.K. Aggarwal, appellant

R/o 181/5 Satya Niketan, Moti Bagh –2, New Delhi

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal unconditionally.

RO & AC



A.No. 868/14 16.09.2019 Statement of Sh. Jatin Aggarwal S/o Late Sh. R.K. Aggarwal, appellant

R/o 181/5 Satya Niketan, Moti Bagh –2, New Delhi

On SA



RO & AC



A.No. 605/15 16.09.2019 Statement of Smt. Saroj W/o Sh.Ajit Singh, appellant R/o 42-B (first

floor), Plcket-C, SFS Flats, Green View Apartment, Mayur Vihar, Phase-

III, Delhi-96.

On SA



RO & AC



a.no. 267/18. ld. counsel for respondent states that he...

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