m.no. 84/16 and 85/16. 03.10.2019 present : ms. parul, ld...

M.No. 84/16 and 85/16. 03.10.2019 Present : Ms. Parul, Ld. Proxy counsel for appellant.

Ms. Nagina Jain, Ld. counsel for SDMC.

Proxy counsel again seeks adjournment to file the Lal Dora

certificate of the property in question.

Final opportunity granted, subject to payment of Rs.2,000/-

as cost by the appellant to be deposited in the Registry.

Be listed for final arguments on 29.11.2019.

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

Appellate Tribunal:MCD 03.10.2019

A.No. 336/18. 03.10.2019 Present : None for appellant.

Sh. Rameez Abbas, Ld. counsel for SDMC.

Be awaited.



A.No. 1152/15 and 1153/15. 03.10.2019 Present : Appellant in person.

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

Avnish Gupta, AE(B).

Status report filed stating that further action against the

unauthorized construction remains to be taken pursuant to

the demolition order, copy supplied .

Be awaited for Ld. counsel for appellant.



A.No. 531/18. 03.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Status report filed alongwith copy of rejection letter stating

that regularization application has been rejected.

Respondent is now directed to file the status report whether

any demolition action remains to be taken in respect of the

property in question.

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

Be listed for further proceedings on 03.12.2019.



A.No. 417/17, 418/17, 419/17, 420/17, 421/17, 423/17, 424/17, 426/17 and 415/17. 03.10.2019 Present : Sh. Neeraj Bharadwaj, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Sh. A.L. Agnihotri, Sh. Amit Kumar

(Proxy) and Sh. Utkarsh Sharma (Proxy) Ld. Counsels for

North DMC with Sh. S.K. Gupta, AE(B).

Time is sought to file further status report.

On the previous date of hearing, respondent was directed to

file the copy of the order of Hon’ble High Court wherein

directions have been given to respondent to take action

against unauthorized construction in the properties in

question.

Notice be issued to EE(B) to be present on the next date

with status report. In case, status report is not filed, the

concerned Dy. Commissioner to appear on the next date.




A.No. 527/19. 03.10.2019 Present : Sh. Vijay Dagar, Ld. Proxy counsel for appellant.

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

At request of Proxy counsel, be listed for withdrawal of the

appeal on 15.11.2019.

,



A.No. 663/11, 664/13 and 245/13. 03.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

for MCD.

Status report filed stating that regularization application is

pending consideration, copy supplied.

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

regarding the same.

To come up for final arguments on 10.12.2019.

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



A.No. 240/19. 03.10.2019 Present : Sh. Anand Sharma, Ld. counsel for appellant.

Sh. S.A. Hussain, Ld. counsel for North DMC with Sh.

Sanjay Gupta, ALO.

Status report filed seeking more time to file status report of

the regularization application, copy supplied.

To come up for filing of further status report on 13.12.2019.

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



A.No. 155/18. 03.10.2019 Present : Appellant with Ld. counsel, Sh. Dalip Rastogi.

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

Sh. Sanjay Gupta, ALO.

Affidavit filed by the appellant.

Arguments heard.

Be listed for orders on 22.10.2019.



A.No. 498/19. 03.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Fresh Vakalatnama filed on behalf of the respondent.

Time is sought to file status report and record.

Be listed for arguments on 19.11.2019.



A.No. 13/15 and 14/15. 03.10.2019 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

More time is sought to file status report in terms of the

previous order.

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




A.No. 386/16. 03.10.2019 Present : Shri S.K. Dubey, Ld. Counsel for the appellant.

Shri Nilesh Sahani, Ld. counsel for the respondent

Shri Ashok Kumar, Senior Assistant.

Ld. counsel for the respondent states that vide order dated

09.01.2017 it has been observed by the predecessor that

the property in question cannot be desealed without the

consent of tenant.

Ld. counsel for the respondent seeks time to file reply.

To come up for reply and arguments on the application

under Order 1 Rule 10 CPC on 19.12.2019.



A.No. 908/18. 03.10.2019 Present : Shri Jitesh Talwani, Ld. Counsel for the appellant.

Shri K.K. Arora, Ld. counsel for the respondent.

An application moved on behalf of the appellant under order

VII Rule 14 read with section 151 for placing on record the

additional documents, copy supplied.

To come up for reply and arguments on the application

under order VII Rule 14 on 11.12.2019.



A.No. 189/19. 03.10.2019 Present : Ms. Jyoti, Ld. proxy Counsel for the appellant.

Sh Akhil Threja, Ld. proxy counsel for the respondent.

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

final arguments to 14.01.2020.



A.No. 672/18. 03.10.2019 Present : Appellant with Counsel Shnri A.K. Singh.

Ms. Manjusha Jha, Ld. counsel for the respondent.

Reply filed on behalf of the respondent to the application

under section 151 CPC, copy supplied.

To come up for arguments with the connected appeal on

25.10.2019.



A.No. 501/19,502/19 and 503/19. 03.10.2019 Present : Shri Arun Arora, Ld. Counsel for the appellant.

Shri Ranjit Pandey, Ld. counsel for the respondent.

Shri A.K. Mittal, AE(B).

Final arguments heard.

Be listed fror orders on 10.10.2019.




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

Time is sought for filing of record and status report

To come up on 04.12.2019.



A.No. 1152/15 & 1153/15 03.10.2019 Present : appellant with counsel Sh. S.D. Ansari,

Shri Karan Gupta, Ld. proxy Counsel for the appellant.

Status report filed stating that further action in pursuance of

demolition order remains to be taken at site, copy supplied.

Ld. Counsel for the appellant states that details of the action

required to be taken are not mentioned in the report. The

report is vague

Ld. Counsel for the appellant states that respondent filed

the status report in the Hon’ble High Court in Writ Petition

No. 5630/14 titled Shri Shiv Dayal V/s Commissioner; North

DMC stating the property has been made unusable.

It is stated that action has already been taken in respect of

property in question.

EE(B) concerned to be present with the report as to what

action remains to be taken in the property in question.

To come up for filing the status report on 15.11.2019.



A.No. 253/17. 03.10.2019 Present : Appellant with counsel Shri Abid Ibrahim,

Ms. Praveen Sharma, Ld. counsel for the respondent.

An application moved for withdrawal of the appeal.

Statement of the appellant recorded.

In view of the application of the appellant, the appeal stands

withdrawn. The impugned order dated 03.01.2017 stands

confirmed,. Respondent is at liberty to take action in the

property in question in accordance of law.

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

respondent along with copy of this order.

File be consigned to record room.



A.No. 551/19. 03.10.2019 Present : Ms. Vaishaly Singh, Ld. counsel for appellant.

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

Fresh Vakalatnama filed on behalf of the respondent.

Time is sought to file status report and record.

To come up for arguments on the interim application on

18.11.2019.



A.No. 348/19 & 651/18 03.10.2019 Present : Appellant with Ld. counsel Sh. V.P. Bhardwaj.

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

Reply filed on behalf of the respondent to the application u/s

12 of the Contempt of court.

At request of Ld. counsel for appellant adjourned to

31.10.2019 for arguments on the contempt application and

final arguments.

AE(B) to be present on next date.



A.No. 186/19 03.10.2019 Present : Sh. Rakesh Kumar, Ld. counsel for appellant.

S. Adil Hussain, Ld. counsel for respondent.

L.I. concerned to be present for statement alongwith list of

properties in question being one of the industrial unit in

which Ld. Commissioner, MCD had filed affidavit in the

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

titled M.C. Mehta Vs UOI.




A.No. 1058/17 03.10.2019 Present : Sh. Ankush Sharma, Ld. counsel for appellant.

Sh. Yudhvir Dalal, Ld. proxy counsel for respondent.

Brief synopsis filed on behalf of the appellant.

Proxy counsel for respondent seeks adjournment as main

counsel is not available today due to some personal

difficulty.

To come up for final arguments 06.01.2020.

Interim order to continue till next date.



A.No. 940/18 03.10.2019 Present : Appellant with Ld. counsel Sh. Nishant.

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

Ld. counsel for respondent states that the complete chain of

title documents has not been filed. Appellant is directed to

file the same within two weeks with advance copy to the

opposite side. Subject to filing of the same, the respondent

will calculate the misuse charges / penalty, if any, payable

by the appellant.

Ld. counsel for respondent states that for the purpose of

calculation the property is required to be desealed.

Accordingly, respondent is directed to deseal the property in

question on 25.10.2019 from 2.00 p.m. to 4.00 p.m. and

thereafter reseal the same. Appellant is directed to remain

present on the said date and time.

Be listed for filing of the status report on 29.11.2019.

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

respondent, as prayed for.



A.No. 12/19 & 125/18 03.10.2019 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

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

Sh. Mukesh Sharma, Ld. counsel for applicant.

Ld. counsel for appellant states that in view of the status

report filed by the respondent on 12.04.2019, the impugned

order is liable to be set aside.

An application moved on behalf of the application under

order 1 Rule 10 CPC, copy be supplied.

Ld. counsel for applicant has however, stated that Writ

Petition is pending in the Hon’ble High Court titled Muslim

Cultural and Educational Society Vs NCT of Delhi & Ors in

respect of the property in question which is now listed on

10.12.2019.

Be listed for reply and arguments on the application under

order 1 Rule 10 CPC on 09.01.2020.



A.No. 326/17 03.10.2019 Present : Sh. Kapil Kumar, Ld. proxy counsel for appellant.

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

Written submissions filed on behalf of the appellant, copy

supplied.

At request of proxy counsel for appellant adjourned to

15.01.2020 for final arguments.




A.No. 455/18 03.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Ld. counsel for appellant seeks adjournment to file brief

synopsis.

At request, adjourned for final arguments to 08.01.2020.




A.No. 200/17 03.10.2019 Present : Appellant with Ld. counsel Sh. Dalip Rastogi.

Ms. Nagina Jain, Ld. counsel for MCD.

Sh. Abhinay Gupta, Ld. counsel for applicant.

An application moved under order 1 Rule 10 CPC.

Ld. counsel for applicant is directed to supply copy of the

application to the Ld. counsel for respondent as well as Ld.

counsel for appellant.

To come up for reply and arguments on the application on

09.01.2020.




A.No. 956/17 & 908/14 03.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Be listed for final arguments with the connected appeal on

17.01.2020.

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



A.No. 957/17 03.10.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for MCD.

Written synopsis filed on behalf of the appellant, copy

supplied.

At request of Ld. counsel for appellant, adjourned to

17.01.2020 for final arguments.

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



A.No. 889/18 & 890/18 03.10.2019 Present : Sh. Rajeev Khosla, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for MCD.

Sh. Santosh Paul, Ld. counsel for applicant.

More time is sought on behalf of appellant to file reply of the

application under order 1 Rule 10 CPC , the same be filed

within four weeks with advance copy to the opposite side.

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

site plan filed alongwith affidavit of the appellant, the same

be also filed within three days with advance copy to the Ld.

counsel for respondent.

To come up for filing the status report and arguments on the

application under order 1 Rule 10 CPC on 30.01.2020.




A.No. 707/18 03.10.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

None for applicant.

Reply filed on behalf of the appellant to the application

under order 1 Rule 10 CPC, copy supplied.

Objections to the status report dated 05.07.2019 also filed

on behalf of the appellant, copy supplied.

To come up for arguments on the application under order 1

Rule 10 CPC on 17.01.2020.




A.No. 908/18 03.10.2019 Present : None for the appellant.

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

Be awaited.



A.No. 40/13 & 306/13 03.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

Ld. counsel for appellant seeks two weeks time to comply

with IN issued by the respondent. Subject to compliance of

the same within two weeks, the application be processed

and the status report on the regularization application be

filed by the respondent on 05.02.2020.

In case the appellant fails to do so respondent is at liberty to

dispose of the application in accordance with law.



A.No. 446/16 & 317/16 03.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V.K. Aggarwal / Sh. Dharamvir Gupta, Ld. counsel for

MCD.

An application was moved on behalf of the appellant u/s 151

CPC stating that NCLT Mumbai has appointed IRP to take

over the assets and management of the appellant.

In view thereof notice be issued to the IRP for 05.02.2020.



A.No. 345/16 03.10.2019 Present : Sh. Amit Shukla, Ld. counsel for appellant.

File taken up on an application moved for early hearing.

Notice be issued to respondent for 06.11.2019.



A.No. 584/19 03.10.2019 Present : Sh. Vinay Kr. Sharma, Ld. counsel for appellant.

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

of sealing dated 20.04.2018 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.

Be listed for arguments on the application for stay on

25.11.2019.



A.No. 579/19 03.10.2019 Present : Appellant with Ld. counsel Sh. Munish Chhoker.

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

of demolition dated 11.09.2019 alongwith application for

stay. Be checked and registered.






Be listed for arguments on the application for stay on

04.11.2019.



A.No. 580/19 03.10.2019 Present : Sh. S.K. Sharma, Ld. counsel for appellant.

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

of sealing dated 09.05.2014 alongwith application for

condonation of delay. Be checked and registered.






Be listed for arguments on the application for condonation of

delay on 13.12.2019.



A.No. 586/19 03.10.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

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

of demolition dated 01.02.2017 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 14.11.2019.



A.No. 250/19 03.10.2019 Present : Appellant with Ld. counsel Sh.Devender Mor.

Sh. V.K. Aggarwal, Ld. proxy counsel for North DMC.

Ld. counsel for appellant states that appellant has moved an

RTI application before the PIO NDMC seeking information

regarding property P.No.10-C, Block B-3, Phase-III, Delhi.

Pursuant to the same, information was given that as per the

record sealing order had been passed on 08.08.2018 vide

No.95 in respect of P.No.10-C, Block B-3, Phase-III, Delhi.

It is further stated that as per status report filed by SHO PS:

Bharat Nagar before Hon’ble High Court in Bail Appeal

No.638/215 Sandeep Aggarwal Vs State that third floor of

property P.No.10-C, Block B-3, Phase-III, Delhi was in

possession of Madhu Trehan who claimed that second floor

and third floor of the property had been sold to her by

Sandeep Aggarwal.

Ld. proxy counsel for respondent states that sealing order

has been passed in respect of the construction on the roof

of the P.No.10-C, Block B-3, Phase-III, Delhi.

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

regarding the order dated 08.08.2018 vide No.95 regarding

flat No.10-C, Block B-3, Phase-III, Delhi.

Be listed for filing of status report on 14.10.2019.

A copy of order be given dasti to the proxy counsel for

respondent, as prayed for.



A.No. 01/15 03.10.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.

1. Status report filed stating that permission has been

granted for the erection of the tower in question vide letter

No.D/745/ AE(B)/BLDG/SZ/2019 dated 20.05.2019.

2. This appeal against the order of sealing dated

05.12.2014 for installation of telecommunication tower at the

roof top of property No. A/82, Gautam Nagar, New Delhi.

3. Ld. counsel for respondent has filed the permission/

regularization letter with the status report stating that

respondent has granted permission /regularization of

telecommunication tower in the property in question vide file

No.D/745/ AE(B)/BLDG/SZ/2019 dated 20.05.2019. The

permission of regularization is valid up to 28.12.2020.

4. It is submitted by Ld. counsel for appellant that

sealing order be set aside as regularization has been

granted vide and the appeal may be disposed off.

Respondent be also directed to deseal the tower in

question.

5. Heard,

In view of permission / regularization granted by

respondent the impugned order of sealing dated 05.12.2014

is set aside on compliance of the terms and condition of

letter dated 20.05.2019 till 28.12.2020.

6. The respondent is at liberty to take action after

28.12.2020 in accordance with law.

7. 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. Respondent is

directed to deseal the tower in question within two weeks of

the order.

8. The appeal stands disposed off.

9. 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. 858/17 and 322/17. 03.10.2019 Present : Shri H.S. Dhillon, Ld. counsel for appellant.

Shri A.L.Agnihotri, Ld. counsel for respondent.

Shri Amit Kumar, Ld. counsel for respondent.

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

arguments to 06.02.2020.



A.No. 1140/15 and 1141/15. 03.10.2019 Present : Shri Dalip Rustogi, Ld. counsel for appellant .

Shri Nitin, Ld. proxy counsel for respondent.

At joint request, adjourned for filing of brief synopsis and

final arguments to 27.01.2020.

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



A.No. 42/18. 03.10.2019 Present : ShriV.K.Arora, Ld. counsel for appellant .

Shri Utkarsh Sahani, Ld. proxy counsel for respondent.

Status report regarding verification of the affidavit regarding

existing details of construction not yet filed. Show cause

notice is issued to AE(B) concerned. He is absent despite

being directed to be present today. Dy. Commissioner

concerned to appear on next date of hearing with status

report .

Be listed for filing of report on 31.01.2020.




At this stage Shri R.K. Sharma, AE(B) concerned appeared

and filed status report. Notice issued to the Dy.

Commissioner concerned stands withdrawn.



A.No. 382/19. 03.10.2019 Present : Appellant in person.

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

Ld. counsel for appellant seeks time to file documents.

At request, adjourned to 01.11.2019 for arguments on the

application for interim stay.




Shri Rajesh Kumar, Ld. counsel for respondent.

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

for further proceedings on 29.11.2019.




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

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

for further proceedings on 19.12.2019.



A.No. 253/17 03.10.2019 Statement of Smt. Shagufta Khursheed W/o Late Khursheed Ahmed,

appellant R/o 76/12, Noor Nagar, Jamia Nagar, 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. 105/14, 812/16 & 813/16 03.10.2019 Statement of Sh. Rajveer S/o Late Sh. Sukhdev Singh, aged about 45-

years, R/o RZ-3148, Gali No.35, Tughlakabad Extension, new Delhi

On SA

I am one of the L.Rs of the deceased appellant namely Smt.

Ashrafi who expired on 23.11.2017. Apart from L.Rs. mentioned in the

application there is no other legal heirs of the appellant. The husband of

the appellant has predeceased her. One of the son of the appellant Kali

Ram and his wife had predeceased the appellant, their Legal Heirs are

the applicant in the present application. There is no other legal heirs of

appellant.

RO & AC



A.No. 105/14, 812/16 & 813/16 03.10.2019 Statement of Sh. Hemraj S/o Late Sh. Kali Ram, aged about 29-years,

R/o Village Dujana, District Gautam Budh Nagar, NOIDA (UP).

On SA

I am one of the L.Rs of the deceased appellant namely Smt.

Ashrafi who expired on 23.11.2017. Apart from L.Rs. mentioned in the

application there is no other legal heirs of the appellant. The husband of

the appellant has predeceased her. My father and mother i.e. one of the

son of the appellant Sh. Kali Ram and Shiksha Devi had predeceased the

appellant. There is no other legal heirs of the appellant.

RO & AC



m.no. 84/16 and 85/16. 03.10.2019 present : ms. parul, ld...

Documents