a.no. 629/10 on 14.02.2019. copy of rejection order...

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A.No. 629/10 15.03.2019 Present : Sh. G.R. Verma, counsel for appellant. Sh. Shashikant Sharma, counsel for MCD. Status report regarding regularization application filed stating that regularization application has been dismissed on 14.02.2019. Copy of rejection order attached. Copy of status report and rejection order supplied to the appellant. Respondent is directed to file status report with regard to the claim of appellant that the premises was old as the same was booked in the year 2010 and the same having protection under National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017. Put up this matter for filing status report by the respondent and arguments on 30.07.2019. (RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD 15.03.2019

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Page 1: A.No. 629/10 on 14.02.2019. Copy of rejection order ...mcdonline.gov.in/at/dailyordersnew/527_15.03.2019.pdf · Engineer (Design) CDO/DDA written to Smt. Anchal Pahwa, appellant

A.No. 629/10 15.03.2019

Present : Sh. G.R. Verma, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Status report regarding regularization application filed

stating that regularization application has been dismissed

on 14.02.2019. Copy of rejection order attached. Copy of

status report and rejection order supplied to the appellant.

Respondent is directed to file status report with

regard to the claim of appellant that the premises was old as

the same was booked in the year 2010 and the same

having protection under National Capital Territory of Delhi

Laws (Special Provisions) Second (Amendment) Act, 2017.

Put up this matter for filing status report by the

respondent and arguments on 30.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

Page 2: A.No. 629/10 on 14.02.2019. Copy of rejection order ...mcdonline.gov.in/at/dailyordersnew/527_15.03.2019.pdf · Engineer (Design) CDO/DDA written to Smt. Anchal Pahwa, appellant

A.No. 516/18, 517/18, 518/18, 519/18 & 520/18 15.03.2019

Present : Sh. Aditya Dogra, counsel for appellant.

Sh. K.K. Arora / Sh. H.R. Aggarwal proxy

counsel for Sh. A.L. Agnihotri / Sh. Sanjay

Sethi, counsel for MCD.

Sh. Ram Singh, counsel for President RWA.

Application for condonation of delay has been filed by

the appellant. Copy supplied.

Status report filed by the respondent. Copy supplied.

Adjournment sought to file reply to the application of

RWA under Order 1 Rule 10.

Original record produced. Let the same be deposited

with the Registrar.

Put up this matter for filing objections to the status

report / arguments on the application for condonation of

delay on 10.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 17/18 15.03.2019

Present : Husband of appellant.

Sh. Abdul Haq, Nodal Officer from North DMC.

Action taken report not filed despite directions.

AE(B) was directed to appear in person but not

present today.

Concerned Dy. Commissioner is directed to appear

in person on next date of hearing.

Put up this matter for filing action taken report / status

report by the respondent on 25.04.2019.

Copy of order be given Dasti to Sh. Abdul Haq,

Nodal Officer for compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 31/18 & 32/18 15.03.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Abdul Haq, Nodal Officer from North DMC

alongwith Mohd. Shakeel, AE(B).

Status report filed stating that the property would be

inspected after rectification and status report will be filed.

Put up this matter for filing complete status report by

the respondent and arguments on 22.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 640/14 & 756/14 15.03.2019

Present : Sh. Kailash Rana, proxy counsel for appellant.

Ms. Aymn Naaz, proxy counsel for Sh. V.K.

Aggarwal / Sh. Dharamvir Gupta, counsel for

MCD alongwith Sh. Abdul Haq, Nodal Officer

from North DMC and Mohd. Shakeel, AE(B).

Status report regarding verification of extent of

structure filed.

It is stated that the premises is not tallying with the

premises mentioned in the affidavit vis-à-vis site.

It seems that incorrect affidavit has been filed by the

appellant.

Let a show cause notice be issued to the appellant

for filing incorrect affidavit.

Appellant is directed to file fresh clarificatory affidavit

/ objections to the status report.

Put up this matter for final arguments on 29.07.2019.

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

(RAJ KUMAR CHAUHAN)

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

15.03.2019

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A.No. 85/19, 86/19, 87/19, 88/19 & 89/19 15.03.2019

Present : Sh. Hemant Chaudhary, counsel for appellant.

Ms. Mithilesh Singh / Ms. Mehak / Sh.

Dharamvir Gupta, counsel for MCD alongwith

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

Vakalatnama on behalf of respondent filed.

Status report filed under the signature of Dy.

Commissioner. Copy supplied.

Put up this matter for final arguments on 22.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 760/13 15.03.2019

Present : Sh. Bijender, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD alongwith

Sh. Ravinder Kumar, AE(B).

Sh. Arun K Srivastav, counsel for R-2 & R-3.

Status report filed. Copy supplied.

Exemption application is moved on behalf of the Dy.

Commissioner, South Zone, SDMC.

Heard. Exempted.

Put up this matter for arguments on 29.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 177/10, 178/10, 179/10 & 180/10 15.03.2019

Present : None for appellant.

Sh. H.R. Aggarwal / Sh. Mohit Sharma,

counsel for MCD.

On 15.12.2017, last opportunity was given to the

appellant for filing authority letter.

No such authority letter has been placed on record

on behalf of Aircel Ltd. who has been substituted in place of

Chennai Network Infrastructure Ltd.

No one has appeared on behalf of the appellant

despite several calls. It appears that appellant is not

interested in pursuing the present appeals. Hence, these

appeals are dismissed in default and for non-prosecution.

Files be consigned to record.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 1180/15 15.03.2019

Present : None for appellant.

Ms. Manjusha Jha, counsel for MCD alongwith

Mohd. Ahmad, AE(B) and Sh. D. Chaudhary,

ALO.

Status report signed by Dy. Commissioner, Central

Zone filed.

It is stated that whatever demolition was possible, the

same has been done by cutting five RCC slab panels.

Further demolition appears to be not feasible due to

dilapidated condition and it has been decided to seal the

premises after proceedings u/s 345-A of DMC Act.

Adjournment sought to file the status report regarding

sealing of the property.

Put up this matter for filing status report under the

hand and signature of Dy. Commissioner concerned

alongwith photographs of entire structure on 09.07.2019.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 125/17 15.03.2019

Present : Sh. Aman Bakshi, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.

Status report filed.

Record already filed. Copy of status report supplied

to the appellant.

Put up this matter for arguments on 06.08.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 937/15 15.03.2019

Present : Sh. K.K. Jha, counsel for appellant.

Sh. Amit Kumar, proxy counsel for Sh. Naveen

Grover, counsel for MCD.

None for DDA.

Ld. counsel for appellant states that the retrofitting

report supplied by IIT, Rurkee has been received and the

same is placed on record alongwith copy of letter of Chief

Engineer (Design) CDO/DDA written to Smt. Anchal Pahwa,

appellant.

Put up this matter for perusal / further proceedings on

23.05.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 666/13 & 636/13 15.03.2019

Present : Sh. R.S. Verma, counsel for appellant.

Sh. Shashikant Sharma / Sh. V.K. Aggarwal,

counsel for MCD.

Objection to the status report was filed. Let the copy

be supplied.

In the objections, appellant has submitted that the

property is protected under National Capital Territory of

Delhi Laws (Special Provisions) Second (Amendment) Act,

2017.

Respondent is directed to file the status report in that

regard / counter to the objections.

Put up this matter for that purpose / final arguments

on 22.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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M.No. 232/15 15.03.2019

Present : None for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Status report filed stating that enquiry investigation

has been concluded and the report of Chief Vigilance

Officer has been submitted to the Commissioner for

approval.

Adjournment sought.

Put up this matter for filing outcome of enquiry and

approval of Commissioner, EDMC and further proceedings

on 24.04.2019.

Copy of order be given Dasti for compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 707/18 15.03.2019

Present : Sh. G.R. Verma, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD alongwith

Sh. D. Choudhary, ALO.

Status report in compliance of previous order dated

11.01.2019 filed stating that officials of the respondent

inspected the site for the purpose of verification of extent of

construction which were found to be correct as per the

affidavit.

AE(B) was directed to verify the existence of property

no. 236 alongwith some other directions. The said status

report not filed by the AE(B) and absent today.

Dy. Commissioner is directed to file status report in

compliance of order dated 11.01.2019 under his own hand

and signature on 05.07.2019.

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

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 267/18 & 970/14 15.03.2019

Present : Sh. Vijay Kumar, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.

Adjournment sought to clarify the points raised on

previous date.

Put up this matter for that purpose and further

proceedings on 19.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 248/18 15.03.2019

Present : None for appellant.

Sh. Abdul Haq, Nodal Officer from North DMC.

Record not produced despite directions to the AE(B)

to appear in person.

Let Dy. Commissioner is directed to appear in person

alongwith record and status report on 09.07.2019.

Copy of order be given Dasti to Sh. Abdul Haq,

Nodal Officer from North DMC for compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 366/15 15.03.2019

Present : None for appellant.

Sh. Raj Bhushan, Nodal Officer from EDMC.

None has appeared on behalf of the appellant.

Put up this matter for final arguments on 07.08.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 413/16 & 567/14 15.03.2019

Present : Counsel for appellant.

Ms. Nagina Jain / Sh. Shashikant Sharma,

counsel for MCD alongwith Mohd. Ahmad,

AE(B) and Sh. D. Choudhary, ALO.

Status report in compliance of order dated

30.01.2018 filed stating that regularization application was

rejected.

Status report not filed in compliance of order dated

30.01.2018 wherein respondent was directed to file status

report explaining which are the requirements mentioned in

the IN dated 16.10.2014 has not been complied by the

appellant.

Concerned Dy. Commissioner is directed to appear

in person and take action against the AE(B) who has not

complied the order dated 30.01.2018.

Put up this matter on 19.07.2019.

Copy of order be given Dasti to both parties for

compliance.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 1050/16, 1065/16, 759/17, 273/17, 274/17 15.03.2019

Present : Sh. G.R. Verma, counsel for appellant.

Sh. Mohit Sharma / Sh. Ashutosh Gupta,

counsel for MCD.

Ld. counsel for respondent has sought adjournment

to file the status report in compliance of previous order.

At request, put up this matter for filing status report

by the respondent on 10.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 619/18 15.03.2019

Present : Sh. G.R. Verma, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD.

Put up this matter with connected appeal no. 1050/16

on 10.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 409/18, 81/15, 767/14, 1034/15 & 1035/15 15.03.2019

Present : Sh. Dalip Rastogi, counsel for appellant

alongwith appellant.

Sh. Dharamvir Gupta / Sh. Mohit Sharma / Ms.

Manjusha Jha, counsel for MCD alongwith

Ms. Bhanu Prabha, Dy. Commissioner, Sh.

P.R. Meena EE(B) and Sh. Kaptan Singh,

AE(B).

On 16.10.2018 respondent was directed to file

detailed reply of the appeal and detailed status report

incorporating the decision of the Standing Committee dated

18.01.2018. Since the said reply / report not filed, Dy.

Commissioner was directed to appear in person.

Dy. Commissioner seeks adjournment to file the

detailed reply in compliance of the order dated 01.02.2019.

Let the same be filed within four weeks.

Put up for fling the status report, reply as directed

and arguments on 25.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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M. in A.No. 437/17 15.03.2019

Present : Sh. Nepal Singh, husband of the appellant.

Sh. Dharamvir Gupta / Sh. Mohit Sharma / Ms.

Manjusha Jha, counsel for MCD alongwith

Ms. Bhanu Prabha, Dy. Commissioner, Sh.

P.R. Meena EE(B) and Sh. Kaptan Singh,

AE(B).

Adjournment sought to file the complete action taken

report on next date of hearing.

Dy. Commissioner is directed to take action against

the AE(B) and JE(B) concerned in whose tenure the

construction was raised and no work stop notice was ever

given.

Put up for filing action taken report on 09.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 993/17 15.03.2019

Present : Sh. B. Khan, counsel for appellant alongwith

Ms.Afshan Khan and Ms. Alia Kausar, owners

of the property with their tenant/appellant.

Sh. K.K. Arora, counsel for respondent.

Statement of Ms. Afshan Khan & Ms. Alia Kausar,

owners of the property stating that they are the owners of

the property in question bearing No.4769, Chowk Ahata

Kidara Bara Hindu Rao, Delhi by virtue of Gift Deed dated

31.12.2015 Exh. P-1/X and they have no objection if the

desealing order is passed in favour of the appellant, who is

their cousin brother and tenant in the said property. Their

statement has been recorded separately in this regard.

Put up for clarification, if any / order on 22.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 928/17 & 929/17 15.03.2019

Present : Sh. V.K. Arora, counsel for appellant.

Sh. Mohit Sharma, counsel for MCD.

AE(B) in whose presence the property in question

was sealed is not present.

Put up for appearance of the said AE(B) and

arguments on 27.03.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 1070/15 15.03.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Clarification as directed vide order dated 11.09.2019

not done.

Put up for said clarification, further proceedings and

reply to the any earlier application filed by the appellant, on

24.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 113/19 15.03.2019

Present : Sh. S.D. Ansari, counsel for appellant.

Sh. Adil Hussain, counsel for respondent

alongwith Sh. Ankur Tyagi, AE(B).

Vakalatnama on behalf of respondent filed.

Reply to the application seeking condonation of delay

alongwith written submissions filed.

Status report already filed.

Put up for arguments on the pending application and

main appeal on 17.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 903/18 15.03.2019

Present : Sh. Fanish Jain, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. Vinod Bansal, AE(B).

Status report regarding verification of the structure

has been filed stating that there is as difference in

measurement mentioned in the affidavit in comparison to

the site. It is stated that at second floor there is a veranda

with space of 19.10 x 13.8 (ft.) and at rear side open space

measuring 21.11 x 21.5 ft. exists at site but the same have

not been mentioned in the affidavit. Copy supplied to the

appellant for filing clarificatory affidavit.

In case the affidavit filed by the appellant is found to

be incorrect which prima-facie established from the report

filed by the respondent, show cause notice will be issued to

the appellant to clarify the same.

Put up for that purpose and arguments on

15.07.2019. Interim stay, if any, is extended till next date.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 830/18 15.03.2019

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

Sh. Shashikant Sharma, counsel for MCD.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Status report not filed.

Respondent is directed to Status report under the

hand and signature of Dy. Commissioner concerned.

Put up this matter for filing of status report, for

arguments on application seeking condonation of delay and

final arguments on 15.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 22/19 15.03.2019

Present : Ms. Meena proxy counsel for Sh. Sunny Jain,

counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Vakalatnama on behalf of respondent filed.

Status report not filed.

Counsel for respondent stated that jurisdiction of this

Tribunal is not covered by the judgment of Hon’ble Supreme

Court in Writ Petition No.4677/1985.

Let the status report be filed under the hand and

signature of Dy. Commissioner concerned on 15.05.2019.

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

prayed.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 30/19 & 930/18 15.03.2019

Present : Sh. Rajesh Raina, counsel for appellant.

Sh. Amit Kumar, counsel for respondent.

Status report filed regarding verification of the extent

of construction vis-à-vis affidavit which is found correct.

Put up for arguments on 06.08.2019. Interim stay, if

any, is extended till next date.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 31/19 15.03.2019

Present : Sh. Vikrant Arora, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Ashish Sharma, AE(B).

Vakalatnama on behalf of respondent filed.

Record produced. Let the same be deposited with

the Registrar of this Tribunal.

Status report not filed. Let the same be filed

positively by the next date of hearing.

Put up for consideration / arguments on 24.05.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 19/19 15.03.2019

Present : Sh. Amit proxy counsel for appellant.

Sh. Ankur Goel, counsel for respondent

alongwith Sh. Faizan Reja, JE(B).

Vakalatnama on behalf of respondent filed.

Status report not filed. Record not produced.

It is stated that record has already filed in appeal

No.650/18 which is listed on 16.04.2019.

Put up on 16.04.2019 alongwith connected appeal.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 91/19 15.03.2019

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

Service upon the respondent not affected.

Let service be effected as per previous order for

25.03.2019. Process be given Dasti.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 58/18 and 66/18. 15.03.2019

Present : Sh.B.K. Pandey counsel for appellant .

Shri V.K. Aggarwal counsel for respondent .

None for appellant.

The status report has been filed in compliance

of order dated 02.02.2018 and 08.01.2019 stating

that plastering work was noticed from the outside of

the building. Accordingly, work stop notice dated

02.02.2018 was sent to SHO Vivek Vihar, Delhi, with

the request to get the work stopped with a copy to

the appellant with the direction not to carry out any

construction activity. The status report filed is totally

ambiguous. The status report be filed under the hand

and signature of Deputy Commissioner concerned.

The Executive Engineer/Bldg. is directed to appear

in person.

Put up for filing the status report and final

arguments on 05.08.2019.

Copy of the order be given Dasti to both the

parties, as prayed. .

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 27/16. 15.03.2019

Present : Ms. Shabiya Khatun proxy counsel

for appellant. .

Shri K.K. Arora counsel for respondent .

Sh. Shashi Kant counsel for respondent .

Prof. Kamal Jit Chhiber for DDA .

The status report has been filed of the

Building/HQ. The Executive Engineer/Building/HQ

was directed to submit the status report with regard

to the query made in the order dated 19.09.2018 with

the approval of the Commissioner concerned. It is

reported that the matter pertaining to the query has

been referred to the Legal Department. The status

report filed on behalf of the HQ is ambiguous and not

clear. The Executive Engineer/B/HQ was directed to

appear in person for explanation for filing the status

report on behalf of the respondent. It is stated that

the remarks of the Building/HQ has been referred to

the Law Department of SDMC for their expert opinion

regarding whether the fourth floor of the property in

question is having the protection under National

Capital Territory of Delhi Laws (special provision)

Second (Amendment) Act 2017 or not. In view of the

status report filed by the respondent, the query raised

by this Tribunal is not being replied on one pretext or

the other. The Engineer in Chief/SDMC and the Chief

Law Officer concerned are, therefore, directed to

appear in person and assist the Tribunal in this

regard.

Copy of the order be given Dasti to both the

parties, as prayed.

Put up the matter on 09.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 577/16 15.03.2019

Present : None for the appellant.

Ms. Manjusha Jha, counsel for MCD.

Ms.Akansha, counsel for owner of the

property.

No one is appearing on behalf of the appellant.

Put up for further proceeding / order on 12.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 570/17 & 731/17 15.03.2019

Present : Sh. Dinesh Pratap Singh, proxy counsel for

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

Sh. Nitin Som, counsel for respondent.

Further status report filed sent by Asstt. Director

(Vigilance) stating that investigation has been concluded

and forwarded to the Commissioner, EDMC for approval

with recommendation of CVO.

Commissioner is directed to file the approved status

report within two weeks.

Put up for further proceedings on 10.05.2019.

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

as prayed.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 116/18 15.03.2019

Present : Counsel for parties.

Both the parties are directed to file the written

submission/statement/arguments on 17.09.2019.

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

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

Appellate Tribunal:MCD 15.03.2019

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.No. 221/18 15.03.2019

Present : Sh. Rohit Oberoi, counsel for appellant.

Sh. Sushil Kumar, proxy counsel for Sh. Amit

Kumar, counsel for respondent.

Put up alongwith connected appeal No.116/18

for arguments 17.09.2019.

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

Appellate Tribunal:MCD 15.03.2019

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Misc in A.No. 652/17. 15.03.2019

Present : appellant in person.

Sh. Sh. Dharamvir Gupta, counsel for MCD .

Shri J.K. Khullar, AE(B).

Status report has been filed.

Put up for perusal of status report/arguments on

20.08.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 699/18 15.03.2019

Present : Ms. Shabiya Khatun proxy counsel

for appellant. .

Shri K.K. Arora counsel for respondent .

Sh. Shashi Kant counsel for respondent .

Prof. Kamal Jit Chhiber for DDA .

The demolition order challenged in appeal

No.135/14 (file attached).The appellant second

appeal is not maintainable against the same

demolition order. In case the appellant does not

takes steps to withdraw the said appeal heavy cost

will be imposed on the appellant.

Put up for further proceedings on 09.04.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 997/17 & 998/17 15.03.2019

Present : Sh. Yogesh Kumar son of the appellant.

File taken today as an application for early hearing is

moved.

Heard.

Due to heavy pendency of cases about 3000 cases,

there is no possibility of early hearing.

Application is accordingly dismissed.

Put up on date already fixed i.e. 01.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 195/19 15.03.2019

Present : Sh. Yash Pal Singh, counsel for appellant.

Fresh appeal filed against sealing proceeding without

filing sealing order stating that premises was sealed on

10.08.2018.

Application seeking condonation of delay not filed.

Subject to filing of the application seeking

condonation of delay, 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. Record be deposited

immediately in the Tribunal.

Put up this matter on 17.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 191/19 15.03.2019

Present : Sh. Ramesh Chander, counsel for appellant

alongwith appellant.

Fresh appeal filed against sealing order dated

24.11.2017 alongwith application seeking condonation of

delay.

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. Record be deposited immediately in

the Tribunal.

Put up this matter on 22.05.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 669/13 15.03.2019

Present : Sh. Prabhat Kiran, counsel for appellant.

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

Written submissions already on record.

No time left due to heavy cause list and dictation in

time bound cases.

Put up for perusal of the written submissions and oral

arguments, if any, on 23.05.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 899/18 15.03.2019

Present : Sh. Kamaldeep Singh, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD

alongwith Sh. Suresh Dua, AE(B).

Status report not filed.

Adjournment sought to file the same.

Appellant has moved an application for taking on

record certain documents annexed with the application.

Copy of the application and documents supplied to

the respondent.

Let the status report be filed as per the previous

order.

Put up this matter for filing of status report by the

respondent and arguments on 18.07.2019.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 433/18, 435/18 & 436/18 15.03.2019

Present : Sh. K.B. Gupta and Sh. Karan Jain counsel for

appellant.

Sh. Dharamvir Gupta, counsel for MCD in

appeal No.433/18.

Sh. Ashutosh Gupta, counsel for MCD in

remaining two appeals.

Part arguments heard.

Put up for further arguments on 28.03.2019 &

29.03.2019 at 2.00 p.m.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 900/18 & 901/18 15.03.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD

alongwith Sh. G.S. Brijwasi, AE(B).

AE(B) submits that the service of the show cause

notice has not been done properly, therefore, on instruction

from EE(B), the respondent will provide fresh opportunity of

hearing to the appellant. The appellant may be directed to

appear before Quasi Judicial Authority. His statement in

this regard recorded separately in this regard.

In view of the statement made by the AE(B), the

matter is remanded back to the Quasi Judicial Authority for

deciding the same afresh. The impugned order of

demolition dated 12.02.2018 bearing no. 36/82-

N/UC/CSPZ/18 and consequent sealing order dated

19.06.2018 bearing No.47/SO/B/EE(B)-I/CSPZ/18 are

hereby quashed and set aside. The impugned orders are

treated to be show cause notice served upon the appellant.

The respondent Quasi Judicial Authority shall provide

the opportunity of submitting reply of the show cause notice

as well as personal hearing to the appellant who is directed

to appear in the office of Quasi Judicial Authority on

04.04.2019 at 3:00 p.m. on which date the appellant is

permitted to file reply, document and written submissions, if

any. Appellant, however shall not seek any adjournment on

any ground for personal hearing or for filing any document

or written submission or for submitting reply of the show

cause notice. Respondent is directed to deseal the property

of the appellant bearing No.A-2, Gali No.4, Industrial Area

Anand Parbat, Delhi within a period of seven days.

The Quasi Judicial Authority thereafter shall pass the

speaking order and deal with all the submissions, pleas and

the defences raised by the appellant and shall complete the

proceedings maximum preferably within two months

thereafter.

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A.No. 900/18 & 901/18 -2-

With these observations both the appeals are

remanded back. The appellant shall not raise any further

construction in the said property nor shall sell it or create

any third party interest in the same till the matter is decided

afresh by the AE(B). Appellant shall also not carry out any

repair (except whitewash) in this property without written

permission of AE(B) concerned.

The appeal is, thus, disposed off. The file of the

department be returned to the respondent alongwith copy of

this order. Appeal file be consigned to record room.

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 900/18 & 901/18 Statement of Sh. G.S. Brijwasi, AE(B), City SP Zone, NDMC. ON SA

On instructions from EE(B) Sh. S.C. Meena, since the show cause

notice dated 02.02.2018 has not been properly served upon the

appellant, as such we are ready to provide fresh hearing to the appellant.

The appellant be directed to appear in the office of Quasi Judicial

Authority.

RO&AC

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 993/17 Statement of Ms. Alia Kausar D/o Mohd. Idrees R/o 16/17, ground floor,

Gali No.3, Joshi Road, Karol Bagh New Delhi

ON SA

I alongwith Ms.Afshan Khan D/o Mohd. Idrees and W/o of Sh.

Saulat Khan R/o of flat No.70-C, Pocket-A-11, Kalkaji Extn. New Delhi is

the owner of the property by virtue of gift dated 31.12.2015, Exh. P-1/x.

and I have no objection if this Hon’ble Court may be pleased to pass the

desealing order in favour of the appellant who is my cousin brother and

tenant in respect of property bearing No.4769, Chowk Ahata Kidara, Bara

Hindu Rao, Delhi, the subject matter of the present appeal.

RO&AC

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

Appellate Tribunal:MCD 15.03.2019

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A.No. 993/17 Statement of Ms.Afshan Khan D/o Mohd. Idrees and W/o of Sh. Saulat

Khan R/o of flat No.70-C, Pocket-A-11, Kalkaji Extn. New Delhi.

ON SA

I alongwith Ms. Alia Kausar D/o Mohd. Idrees R/o 16/17, ground

floor, Gali No.3, Joshi Road, Karol Bagh New Delhi is the owner of the

property by virtue of gift dated 31.12.2015, Exh. P-1/x and I have no

objection if this Hon’ble Court may be pleased to pass the desealing order

in favour of the appellant, who is my cousin brother and tenant in respect

of property bearing No.4769, Chowk Ahata Kidara, Bara Hindu Rao,

Delhi, the subject matter of the present appeal.

RO&AC

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

Appellate Tribunal:MCD 15.03.2019