a.no. 441/19. 01.11.2019 present : none for appellant. be...

A.No. 441/19. 01.11.2019 Present : None for appellant.

Sh. Ranjeet Pandey, Ld. counsel for SDMC.

Be awaited.

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

Appellate Tribunal:MCD 01.11.2019


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

Sh. Dinesh Kumar, AE(B).

Be awaited.




Sh. V.K. Aggarwal, Ld. Proxy Counsel for respondent.

Be awaited.



A.No. 1039/17. 01.11.2019 Present : Appellant in person.

Sh. Shashikant Sharma, Ld. counsel for North DMC

Be awaited.



A.No. 289/18. 01.11.2019 Present : Sh. L.S. Saini, Ld. counsel for appellant.

None for respondent.

Be awaited.



A.No. 905/17 and 766/17. 01.11.2019 Present : Ms. Sarika, Ld. Proxy counsel for appellant.

Sh. H.R. Aggarwal and Sh. Dharamvir Gupta, Ld. Counsels

for respondent.

Request is made for adjournment by Proxy counsel for

appellant as main counsel is ill.

At request, to come up for final arguments on 17.02.2020.

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




Sh. Mohit Sharma, Ld. counsel for South DMC.

None for respondents no.2 and 3.

Ld. counsel for respondent seeks more time to file status

report in terms of order dated 30.11.2017.

Show cause notice be issued to AE(B) who is absent

despite being directed to be present today.

EE(B) to be present with the status report on the next date.

To come up for final arguments on 12.12.2019.



A.No. 230/19. 01.11.2019 Present : Appellant with Ld. counsel, Sh. Gaurav Sharma.

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

Ld. counsel for appellant seeks more time to file objections

to the verification report filed by the respondent in respect of

the existing structure and also the certified copy of the

standard building plan of DDA.

Be listed for further proceedings on 28.01.2020.




A.No. 162/18. 01.11.2019 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for North DMC.

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

Be listed for filing of written submissions by the parties and

final arguments on 06.01.2020.

AE(B) to be present on date fixed.



A.No. 1038/16. 01.11.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. proxy counsel for SDMC.

More time is sought to file status report regarding the

regularization application.

To come up for further proceedings on 14.01.2020.

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



A.No. 229/19. 01.11.2019 Present : Appellant with Ld. counsel, Sh. N.D. Patel.

Sh. Sagar Dhama, Ld. counsel for EDMC.

Final arguments partly heard.

At request of Ld. counsel for respondent, adjourned for

further final arguments to 27.11.2019.




A.No. 780/16. 01.11.2019 Present : Appellant with Ld. counsel, Sh. Mohit Kumar Sharma.

Sh. Ajay Kumar, Clerical Assistant from New Delhi

Municipal Council.

Reply filed on behalf of respondent, copy supplied.

At joint request, adjourned for arguments on the application

moved on behalf of appellant to carry out repairs to

20.12.2019.



A.No. 72/19. 01.11.2019 Present : Appellant with Ld. counsel, Sh. Manak Budhiraja.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Documents filed on behalf of appellant, copy supplied.

At request of Ld. counsel for appellant, adjourned for

arguments with the connected appeal to 22.11.2019.

AE(B) to be present on the date fixed.




Sh. Abhas Dahiya, Ld. counsel for North DMC.

At request of appellant, adjourned for arguments to

10.02.2020 as his counsel is busy in Hon’ble High Court

today.




Sh. V.K. Aggarwal, Ld. Proxy Counsel for EDMC.

To come up for further proceedings on 27.02.2020.



M.No. 21/18. 01.11.2019 Present : Appellant with Ld. Proxy counsel, Sh. Satyaarth Balajee.

Sh. Rameez Abbas, Nodal Officer for SDMC.

It is submitted on behalf of respondent that copy of

application moved for restoration of appeal has not been

supplied, the same be supplied during the course of the

day.

To come up for reply and arguments on the application on

19.12.2019.



A.No. 45/18. 01.11.2019 Present : Sh. Puran Chand, Ld. counsel for appellant.

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

Documents filed on behalf of appellant, copy supplied.

Ld. counsel for appellant seeks time to file additional

documents to show that the property in question is

protected under the NCT of Delhi (Special Laws) Act.

Be listed for final arguments on 03.12.2019.



A.No. 117/17 and 929/16. 01.11.2019 Present : Ms. Prerna Chopra, Ld. counsel for appellant.

Ms. Manjusha Jha, Ld. counsel for SDMC.

None for Monitoring Committee.

None has appeared for Monitoring Committee.

Status report not filed by Monitoring Committee.

Ld. counsel for MCD submits that property in question has

been sealed on the directions of Monitoring Committee.

Notice be issued to Monitoring Committee to file status

report.

Be now listed for further proceedings on 16.12.2019.



2.30 p.m. At this stage Ms. Vinnie Sharma has appeared for

Monitoring Committee. She has been apprised of the order.



A.No. 711/18. 01.11.2019 Present : Sh. Satish Kumar, Ld. Proxy counsel for appellant.



report as the concerned AE(B) is on leave.

To come up for filing of status report and arguments on

18.12.2019.



A.No. 823/17. 01.11.2019 Present : Sh. Sumant Dey, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. Counsel for SDMC.

Fresh Vakalatnama filed on behalf of the respondent.

To come up for filing of brief synopsis by the parties as well

as for final arguments on 19.12.2019.



A.No. 576/15. 01.11.2019 Present : Appellant with Ld. Proxy counsel, Ms. Kamal.

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


report as to whether any demolition action still remains to be

taken.

AE(B) to be present on the next date.




A.No. 583/19. 01.11.2019 Present : Sh. Anuj Bhargav, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for North DMC.

Fresh Vakalatnama filed on behalf of the respondent.

At request of Ld. counsel for appellant, adjourned to

21.11.2019 as the connected appeal is listed on the said

date.



A.No. 215/18. 01.11.2019 Present : Sh. Narveer Singh, Ld. proxy counsel for appellant.


Objections filed on behalf of appellant alongwith documents,

copy supplied.

Respondent is directed to file status report as to whether the

property in question is one in which affidavit has been filed

by the Commissioner before the Hon’ble Supreme Court in

Writ Petition no. 4677/1985 titled M.C. Mehta Vs. Union of

India & Ors.

The concerned official to be present on the next date of

hearing.

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

status report is not filed.

Respondent is directed to deposit the cost in the Registry

today itself.





Sh. Madan Sagar, Ld. counsel with North DMC with Sh.

Baljeet Singh, LI.

Status report filed stating that the property no. B-6/171 &

172, Sector 17, Rohini were sealed on 14.11.2017 in

pursuance of circular No.AC/FL/NDMC/2017/194 dated

09.11.2017 issued by Assistant Commissioner, Factory

Licensing Department, North DMC in compliance of

directions of Hon’ble Supreme Court of India in the case of

“M.C. Mehta Vs. UOI & Ors.” & Hon’ble Supreme Court of

Delhi order dated 18.09.2017 in the matter of WP(C)

No.4349/2017 regarding closure action against units/factory

etc. running from non-conforming / residential areas of

Delhi. It is further stated that the said properties are not one

of the industrial units regarding which Hon’ble Supreme

Court has given directions that cannot be de-sealed without

the permission of Hon’ble Supreme Court.

The respondent is directed to file further status report giving

the details of the misuse charges / penalty if any, payable

by the appellant.

Ld. counsel for respondent states that for the said purpose

the property is directed to be de-sealed. The respondent is

directed to de-seal the property on 14.11.2019 from 11.00

am to 1.00 pm. Appellant is directed to be present on the

said date and time. The property be thereafter re-sealed.

To come up for filing of status report on 06.12.2019.



A.No. 645/19, 646/19 and 647/19.. 01.11.2019 Present : Sh. Saurabh, Ld. counsel for appellant.

Ms. Priyanka, Sh. V.K. Aggarwal and Sh. H.R. Aggarwal,

Ld. Counsels for North DMC with Sh. Dinesh Kumar AE(B).

Sh. Mikhil Sharda, Ld. counsel for respondent no.2 / DDA.

Memo of appearance filed on behalf of the respondents.

Status report filed on behalf of MCD, copy supplied.

To come up for filing of record, status report by DDA and

arguments on 12.12.2019.



A.No. 289/19 01.11.2019 Present : Sh. L.S. Saini, Ld. counsel for appellant.


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

of entire chain of title documents and arguments on the

interim stay application on 22.11.2019.

AE(B) to be present on date fixed.



A.No. 622/19 01.11.2019 Present : Sh. J.S. Arya, Ld. Counsel for the appellant.

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

sealing Dated 02.09.2019 filed alongwith application for

condonation of delay. Be checked and registered.

Let notice of the appeal and application be issued 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.

Be listed for arguments on the application for condonation of

delay on 22.11.2019.



A.No. 634/19 01.11.2019 Present : Sh. G.R. Verma, Ld. Counsel for the appellant.

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

of demolition dated 18.04.2019 filed alongwith application

for stay and condonation of delay. Be checked and

registered.

Let notice of the appeal and applications be issued to the




fixed.

Be listed for arguments on the application for stay and

condonation of delay on 15.11.2019.



A.No. 643/19 01.11.2019 Present : Sh. G.R. Verma, Ld. Counsel for the appellant.

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

of demolition dated 18.04.2019 filed alongwith application

for stay and condonation of delay. Be checked and

registered.

Let notice of the appeal and applications be issued to the




fixed.

Be listed for arguments on the application for stay and

condonation of delay on 15.11.2019.




Sh. V.K. Aggarwal, Ld. Proxy Counsel for respondent.

Be listed for filing of record and further proceedings on

09.01.2020.

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


A.No. 992/13, 994/13, 995/13, 996/13, 997/13, 998/13, 999/13 & 1000/13 01.11.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Dharamvir Gupta /Sh. V.K. Aggarwal / Sh. H.R.

Aggarwal,Ld. counsel for MCD.

Sh. Sanjeev Yadav, Ld. counsel for ASI.

Ms. Vinnie Sharma, Ld. counsel for Monitoring Committee.

Sh. Roop Singh, Asstt. Town Planner has appeared on

behalf of the Chief Town Planner North DMC.

Chief Town Planner, North DMC is directed to be present on

next date to clarify whether the property in question is

situated on mixed land use street or commercial street.

To come up for filing of status report on 03.12.2019.

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

respondent, as prayed for.



A.No. 635/13 01.11.2019 Present : Ms. Uma Aggarwal, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for.

Written submissions not filed by appellant as directed vide

order dated 18.02.2019.

Be listed for filing of written submissions on 14.01.2020.

Appellant is also directed to file complete chain of title

documents.



A.No. 667/13 01.11.2019 Present : Sh. Sudeep Singh, Ld. counsel for appellant.

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

Sh. Mehul Prasad, Ld. proxy counsel for Monitoring

Committee.

Ld. counsel for appellant seeks time to file brief synopsis.

Ld. counsel for respondent has pointed out that no

document of title have been filed by the appellant. Appellant

is directed to file the same.




A.No. 643/10 01.11.2019 Present : Sh. Mohan Kukreja, Ld. counsel for appellant.


At request of Ld. counsel for respondent adjourned for final

arguments to 19.12.2019 with connected appeal.

AE(B) is absent despite directions, show cause notice be

issued to him for the next date.

EE(B) to be present on date fixed.

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

respondent, as prayed for.



A.No. 346/19 01.11.2019 Present : Sh. Prayas Juneja, Ld. counsel for appellant.

Sh. Amit Kumar Ld. counsel for respondent with Sh. Faiz

Ahmad, AE(B).

Status report filed stating that appellant has applied for

temporary desealing for the purpose of removal of non

compoundable deviations, the same is pending. It is further

stated that while issuing building plan/permit the Bldg. (HQ)

of respondent /SDMC has already granted benefit of FAR

which is lesser than the permissible, as the owner has to

accommodate parking within the plot.

Ld. counsel for appellant states that since the deviations

from the Sanctioned Building Plan has been sublimated only

today vide status report, the appellant may be granted time

to file a further affidavit with regarding to the existing

construction.

To come up for filing of the status report regarding

regularization application of appellant on 10.02.2020.

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



A.No. 345/19 01.11.2019 Present : Sh. Prayas Juneja, Ld. counsel for appellant.

Sh. Amit Kumar Ld. counsel for respondent with Sh. Faiz

Ahmad, AE(B).

Status report filed in connected appeal, copy supplied.

Ld. counsel for respondent states that appellant has not

supplied the copy of the affidavit regarding the details of

existing construction with measurement.

Appellant is directed to supply the same during the course

of the day.

Status report regarding the verification of the affidavit of the

appellant be filed on next date.

To come up for arguments on 10.02.2020.




A.No. 154/18 01.11.2019 Present : Appellant with Proxy counsel Sh. Utraksh.

Sh. Vijay Dahiya, Ld. proxy counsel for respondent with Sh.

N.K. Meena, Dy. Law Officer.

At request of proxy counsel for appellant adjourned for

arguments to 22.01.2020.



A.No. 214/18 01.11.2019 Present : Sh. Shirish Yaduvanshi, Ld. counsel for appellant.


Ld. counsel for appellant states that affidavit has been filed

by the appellant in terms of the previous order.

Appellant is directed to file the documents of title and supply

a copy of the same to the respondent and also file NOC of

the appellant No.2 who was in possession at the time when

the property in question was sealed.

To come up for arguments on 08.01.2020.



A.No. 645/17 01.11.2019 Present : Sh. D.S. Khatri, Ld. counsel for appellant.


Ld. counsel for appellant seeks more time to file the entire

chain of title documents.

At request adjourned for final arguments to 07.02.2020.

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



A.No. 554/13 01.11.2019 Present : Sh. K.N. Singh, Ld. counsel for appellant.


Sh. Mehul Prasad, Ld. proxy counsel for Monitoring

Committee.

Affidavit filed on behalf of the appellant, however, the same

is not in terms of the order dated 14.08.2019.

Appellant is directed to file an affidavit in terms of the said

order. One copy of the affidavit be supplied to the

respondent.

Be listed for arguments on 05.12.2019.





Be awaited.



Present : None for appellant.


No one has appeared on behalf of the appellant despite

several calls since morning. On previous date of hearing

also none had appeared for appellant. It appears that

appellant is not interested in pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution. The impugned order dated 12.09.2018 stands

confirmed. The respondent is at liberty to take action in the

property in question in accordance with law. AE(B)

concerned is directed to file the action taken report before

Dy. Commissioner concerned. A copy of this order be sent

to the Dy. Commissioner concerned to ensure compliance

thereof.

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

respondent alongwith copy of this order. File be consigned

to record room.




Sh. Shashikant Sharma, Ld. Counsel for respondent.

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

for further proceedings on 28.01.2020.




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

Shri Dinesh Kumar, AE(B).

Be awaited.



Present : None for appellant.

Ms. Mehak Napra, Ld. counsel for respondent.

Shri Dinesh Kumar, AE(B).

Record be deposited with Registry.

Be listed for further proceedings to 22.01.2020.



A.No. 162/19. 01.11.2019 Present : Shri J.B.Saini, Ld. counsel for appellant.


An application moved on behalf of the appellant for

restoration of the appeal. This is a second appeal against

the impugned order dated 28.01.2019. the file of the

decided appeal No.1104/16 be tagged with this file.




A.No. 97/18 and 629/18. 01.11.2019 Present : Appellant with counsel Shri Dalip Rustogi.

File taken up on an application moved on behalf of the

appellant for correction of name of appellant No.1 & 3 in the

order.

Notice be issued to MCD for 06.11.2019.



A.No. 573/19,574/19,572/19 and 575/19. 01.11.2019 Present : Shri Ranjit Singh,Ld. counsel for appellant.

Shri Adil Hussain, Ld. counsel for respondent.


Shri Dinesh Kumar, AE(B)

Arguments heard.

Be listed for filing brief synopsis and orders on 08.11.2019.



A.No. 599/19. 01.11.2019 Present : Shri Dinesh Pratap Singh, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Vakalatnama filed on behalf of respondent.

Status report filed, copy supplied.

Record be deposited with Registry.

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





Ms. Manjusha Jha, Ld. counsel for respondent.

Ms. Vinnie Sharma , Ld. counsel for Monitoring Committee.

Ms. Deepti Dogra, Ld. counsel for DDA.

None has appeared on behalf of the appellant despite

several calls since morning. On previous date of hearing

also none had appeared for the appellant. It appears that

appellant is not interested in pursuing the present appeal.

The appeal is accordingly dismissed in default and for non

prosecution.

The property has been sealed on the directions of the

Monitoring Committee. The respondent is at liberty to take

action in the property in question in accordance with law.

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

respondent alongwith copy of this order. File be consigned

to record room.



A.No. 302/17 and 736/17. 01.11.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant.

Shri Ashutosh Gupta, Ld. counsel for appellant .

Status report filed, copy supplied.

An application has been moved on behalf of the appellants

seeking permission to file a fresh affidavit/site plan showing

the exact measurements of the property in question.

Ld. counsel for appellant submits that as per the status

report of respondent the construction existing at the site

more or less tallies with the affidavit filed by the appellant

except the portion of shops at ground floor and mezzanine

floor, wooden partition room at first floor, balconies/chhajjas

at first floor, second floor and third floor.

It is submitted by Ld. counsel for respondent that though the

balconies have been shown in the site plan but their

measurement are not mentioned in the affidavit.

Appellant is directed to file fresh affidavit within a week

respondent will thereafter verify the measurement and file

further status report.

The respondent is directed to keep the demolition action in

abeyance till next date of hearing.

Be listed for consideration of application on 12.02.2020.

Copy of the order be given Dasti to Ld. counsel for parties.



A.No. 716/13. 01.11.2019 Present : Shri Rajeev Kumar,Ld. counsel for appellant.


Shri Vikas Gupta, Ld. proxy counsel for DDA.

More time is sought to file status report regarding

verification of affidavit regarding the existing construction.

AE(B) concerned to be present on next date of hearing.

Be listed for filing status report on 10.12.2019.



A.No. 41/18. 01.11.2019 Present : Ms.Ashita Verma, Ld. proxy counsel for appellant.

Shri Ashutosh Gupta, Ld. counsel for appellant.

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

final arguments to 24.02.2020.






Ld. counsel for appellant states that vide the order dated

17.01.2018 interim protection has been granted in Appeal

Nos. 37/18 and 38/18 but has been declined in appeal No.

45/18.






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

brief synopsis and final arguments to 10.02.2020.




A.No. 737/18 01.11.2019 Present : Appellant in person.

Shri Madan Sagar, Ld. counsel for respondent.

Written submissions filed on behalf of the appellant, copy

supplied.

Ld. counsel for respondent also seeks time to file brief

synopsis.





A.No. 559/16 01.11.2019 Present : Shri D.K. Sharma,Ld. counsel for appellant .

Shri Manoj Kumar, Ld. counsel for respondent .

At joint request, adjourned for filing brief synopsis and final





A.No. 580/16. 01.11.2019 Present : Shri D.K. Sharma,Ld. counsel for appellant .

Shri Manoj Kumar, Ld. counsel for respondent .

At joint request, adjourned for filing brief synopsis and final





A.No. 1059/16. 01.11.2019 Present : Shri B.S. Shokeen, Ld. counsel for appellant .


Written submissions filed on behalf of parties, copies have

been exchanged.

At joint request, adjourned for final arguments to

19.02.2020.



A.No. 438/18 and 439/18. 01.11.2019 Present : Shri G.R. Verma, Ld. counsel for appellant.


Shri Anil Chauhan, Ld. counsel for applicant.

Arguments heard on the application under order 1 rule 10

CPC.

Be listed for orders on 25.11.2019.



A.No. 346/18. 01.11.2019 Present : Shri Daman Popli, Ld. proxy counsel for appellant.

Shri Ashutosh Gupta, Ld. counsel for respondent.

Request is made for adjourned for Ld. proxy counsel for

appellant as main counsel is not available today.

To come up for final arguments to 03.02.2020.


