amcdonline.gov.in/at/dailyordersnew/631_26.08.2019 order.pdf · 2019-09-05 · a.no. 364/19....

M.No.13/19. 26.08.2019 Present : Sh. Brijesh Gupta, Ld. Counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC.

Ld. Counsel for respondent seeks time to file reply.

To come up for arguments on the application for restoration

of appeal on 08.11.2019.

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

Appellate Tribunal:MCD 26.08.2019

A.No. 248/19. 26.08.2019 Present : Ms. Neha Sharma, Ld. Proxy counsel for appellant.

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

An application moved under Order 6 Rule 17 read with

section 151 CPC on behalf of appellant, copy supplied.

To come up for reply and arguments on the application on

26.11.2019.

Interim orders to continue till next date of hearing.



A.No. 364/19. 26.08.2019 Present : Sh. Sanjay Kumar, Ld. Counsel for appellant.

Sh. Mohit Sharma, Ld. Counsel for SDMC.

Ld. Counsel for respondent seeks more time to file status

report in terms of previous order.

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

To come up for arguments on application for condonation of

delay on 23.09.2019.

Appellant is directed to file the entire chain of documents.



A.No. 449/19. 26.08.2019 Present : Appellant in person.

Sh. Mohit Sharma, Ld. Proxy counsel for respondent.

More time is sought to file status report and record.

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

At request of appellant, adjourned for arguments on the

application for stay on 25.09.2019 as his counsel is not

available today.



A.No. 512/15. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Counsel for appellant.

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

Time is sought to file status report.


Be listed for further proceedings on 05.11.2019.



A.No. 262/14. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.

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

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

Insolvency and Bankruptcy Code, copy supplied.

It is stated that National Company Law Tribunal, Mumbai

has appointed Mr. Manish D.Kaneria as Interim Resolution

Professional (IRP).

Notice be issued to the IRP for the next date.






More time is sought to file status report qua regularization

application.






Sh. Dharamvir Gupta, Ld. Counsel for SDMC with Sh. S.P.

Garg, AE.

Status report filed, copy supplied.





Professional (IRP).





A.No. 933/15. 26.08.2019 Present : Sh. S.C. Joshi, Ld. Proxy counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy counsel for EDMC with Sh.

Sandeep Kumar Jain, AE(B) and Sh. Raj Bhushan, JLO.

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

status report filed on the previous date, the same has been

supplied today.

To come up now for final arguments at request of Ld.

Counsel for appellant on 17.12.2019.



A.No. 140/18. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Proxy counsel for appellant.

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

More time is sought to file status report.

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





Ms. Akanska Dhami, Ld. Counsel for SDMC.





Professional (IRP).





A.No. 318/12 and 186/10. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.

Ms. Akansha Dhami, Ld. Counsel for SDMC.

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

arguments to 20.12.2019.





More time is sought to file status report regarding

regularization application.




A.No. 1081/16. 26.08.2019 Present : Ms. Laxmi Singh, Ld. Counsel for appellant.

Sh. Ashutosh Gupta, Ld. Counsel for North-DMC.

Status report filed stating that the application for

regularization filed by the appellant is under process.

To come up for filing of status report qua regularization

application on 20.11.2019.



No. 29 /SCM/ 13. 26.08.2019 Present : Sh. Raj Mangal Kumar, Ld. Proxy counsel for appellant.


Sh. Amit Kumar, Ld. Proxy counsel for DDA.

None for Monitoring Committee.

Status report filed by DDA stating that SDMC has not

forwarded the agenda to the planning department (Zone-F)

of DDA and the agenda will be placed before the Technical

Committee as soon as it is received.

Status report has also been filed by SDMC stating that due

to technical reasons the case was referred back to zonal

building department by the Town Planning Department and

after necessary amendments the draft has been again

forwarded to the Commissioner Planning DDA on

23.08.2019.

To come up now for filing of status report by DDA on

25.11.2019.



A.No. 488/18. 26.08.2019 Present : None for appellant.

Sh. Sanjay Sharma, Ld. Counsel for New Delhi Municipal

Council.

Notification conferring powers has not been received.




A.No. 361/18. 26.08.2019 Present : None for appellant.

Sh. Sanjay Sharma, Ld. Counsel for New Delhi Municipal

Council.

Notification conferring powers has not been received.




A.No. 870/17. 26.08.2019 Present : Sh. Mahender Sharma, Ld. Counsel for appellant.


Status report filed stating that property in question is one of

the 21960 industrial units regarding which affidavit has been

filed by the Ld. Commissioner before Hon’ble Supreme

Court in Writ Petition (C) no. 4677/1985 titled M.C. Mehta

Vs. Union of India & Ors. wherein it has been directed that

none of the said units should be re-opened without the

permission of the Hon’ble Supreme Court. The status report

is accompanied with the list of property in question.

At request of Ld. Counsel for appellant, adjourned for

arguments on maintainability of the appeal to 26.09.2019.



A.No. 859/18. 26.08.2019 Present : Sh. Vikas Chhabra, Ld. Counsel for appellant.

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

Notice be issued to Joginder Singh Ruhella, Raj Singh

Ruhella and Rajat Ruhella.

Process be given dasti to Ld. Counsel for appellant, as

prayed for to implead them as parties in view of the

submissions made by Ld. Counsel for appellants before

Hon’ble High Court in Writ Petition (C) No.1102/2017 titled

Joginder Singh Ruhella Vs North DMC & others.

Ld. Counsel for appellant states that an application has

been moved for regularization on 27.06.2019. Status report

regarding the same be filed on the next date.

To come up for arguments on the application under Order 1

Rule 10 CPC and the application for stay on 14.10.2019.

Interim protection granted to appellants by Hon’ble High

Court to continue till next date.



A.No. 387/13. 26.08.2019 Present : Sh. Milan Verma, Ld. Counsel for appellant.

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

Status report filed stating that appellants have applied for

regularization and to process the same, measurement of

property is required as such matter has been forwarded to

competent authority for temporary desealing the property in

question.

To come up now for filing of status report of the

regularization application on 11.10.2019.



A.No. 388/13. 26.08.2019 Present : Sh. Milan Verma, Ld. Counsel for appellant.

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

Be listed with the connected appeal on 11.10.2019.



A.No. 635/13. 26.08.2019 Present : Ms. Uma Aggarwal, Ld. Counsel for appellant.

File taken up on application moved on behalf of appellant

for early hearing.

Notice of the application be issued to respondent / SDMC

for 18.09.2019.



A.No. 232/19. 26.08.2019 Present : Sh. D. D. Joshi, Ld. Counsel for appellant.

File taken up on application moved on behalf of appellant

for grant of status quo in respect of construction.

It is stated that the officials of SDMC visited the premises in

question on 09.08.2019 and threatened the appellant to

vacate the same. It is further stated thereafter the officials of

MCD without any prior notice demolished the fourth floor of

the property in question. It is also stated that the action of

SDMC is illegal and arbitrary as the matter is listed for final

arguments on 09.10.2019.

Ld. Counsel for appellant submits that a copy of

assessment order of Deputy Assessor and Collector dated

27.02.1998 which has been filed shows that the property

was assessed to tax upto third floor.

Heard.

In view of the submissions made, parties are directed to

maintain status quo regarding the construction in the

property in question till the next date. However, this order is

subject to any other order passed by the Hon’ble Supreme

Court/Hon’ble High Court in respect of the property in

question.

Appellant is directed to file affidavit giving details of

construction with measurement 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.

Notice be issued to respondent / SDMC for next date.

Be listed for final arguments on 09.10.2019.

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

as prayed for.



A.No. 433/19. 26.08.2019 Present : Sh. D.K. Sharma, Ld. Counsel for appellant.

Ms. Satakshi Verma, Ld. Counsel for EDMC.

Time is sought to file status report and record.

To come up for arguments on the interim application on

27.09.2019.



A.No. 480/19. 26.08.2019 Present : Sh. Gagan Sahni, Ld. Counsel for appellant.

Sh. Sushil Kumar Jain, Ld. Proxy counsel for SDMC.

Time is sought to file status report and record.

Ld. Counsel for appellant also seeks time to file documents.

To come up for arguments on the application for stay and

condonation of delay on 17.09.2019.



A.No. 476/19 and 477/19. 26.08.2019 Present : Sh. Chandan Gupta, Ld. Counsel for appellant.

Sh. Sanjeet, Ld. Proxy counsel for SDMC.

Time is sought to file reply, status report and record.

To come up for arguments on the application for stay and

condonation of delay on 09.09.2019.



A.No. 780/14 and 110/13. 26.08.2019 Present : Sh. Gaurav Jain, Ld. Counsel for appellant.


These two appeals pertains to same tower, appeal

No.780/14 pertains to rejection order 03.09.2014 and

appeal No.110/13 pertains to demolition order dated

25.09.2013.

Ld. Counsel for appellant has filed true copy of the

permission letter dated 24.04.2019 vide which regularization

has been granted in respect of the tower in question

installed at the property bearing No.G-18, Abul Fazal

Enclave, New Delhi by the Department vide letter No.

D/09/TOWER/AE/Plan/cnz/2019 dated 24.04.2019.

The appellant will follow and abide by all the terms and

conditions of the permission letter dated 24.04.2019 and on

violation of any condition of the said letter the respondent

will be at liberty to take action as per law against the tower

in question.

In view of the above said facts and circumstances, the

above said appeals are disposed off and the impugned

order of rejection and demolition order are set aside in view

of the permission letter dated 24.04.2019.

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

respondent alongwith copy of this order. Files be consigned

to record room.

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

prayed for.



A.No. 36/18 and 94/18. 26.08.2019 Present : Sh. Amol Kokne, Ld. Counsel for appellant.

Sh. Abdul Haq, Nodal Officer, North DMC.

At request of respondent, be awaited for counsel.



At 12.30 pm.

Present : Sh. Amol Kokne, Ld. Counsel for appellant.


Ld. Counsel for respondent has placed on record the order

of Hon’ble High Court passed in Writ Petition (C) 11382/17

and CM Apps. 4873/18 and 23585/19 titled Foundation for

Social Empowerment Vs. Union of India & Ors. whereby

directions have been given for trial of the appeals no.

36/2018, 69/2018 and 94/2018 expeditiously, copy supplied.

Reply filed on behalf of appellant to the application moved

on behalf of MCD, copy supplied.

An application moved on behalf of appellant for leave to file

additional documents u/s. 151 CPC, copy be supplied.

Ld. Counsels for the parties seek time to file brief synopsis.

Be listed for reply and arguments on the application and

final arguments on 06.09.2019.



A.No. 373/18 and 150/18. 26.08.2019 Present : Sh. Amol Kokne, Ld. Counsel for appellant.


Reply filed on behalf of appellant to the application moved

on behalf of MCD, copy supplied.

An application moved on behalf of appellant for leave to file

additional documents u/s. 151 CPC, copy be supplied.

Be listed for reply and arguments on the application on

06.09.2019.



A.No. 950/16 26.08.2019 Present : Sh. A.K. Vashisht, Ld. counsel for appellant.

Sh. Madan Sagar, Ld. counsel for respondent.

Ms. Malti Sighu, Ld. counsel for applicant.

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


Interim order to continue till next date.



A.No. 966/13 26.08.2019 Present : Sh. Ram Niwas, Asstt Manager (Legal) for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Sh. Dinesh Dahiya, Ld. counsel for R-2.

Sh. Febin M Vargese, Ld. counsel for Heritage

Conservation Committee.

Adjournment sought on behalf of the appellant as main

counsel is not available today.




A.No. 677/16 26.08.2019 Present : Sh. Ankur Aggarwal, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Sh. Kapil Kumar, proxy counsel for R-2.

This appeal has been filed against the sanction of the

building plan in respect of the property in question bearing

No.12/18, East Punjabi Bagh, New Delhi.

Status report was filed on 09.05.2019 stating that vide letter

No.D/EE(B) /DC/KBZ/2018/670 dated 07.05.2019 the

sanction has been revoked in respect of property in

question.

In view thereof, the appeal has become infructuous, the

same is dismissed as infructuous.

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. 681/18 26.08.2019 Present : None for the appellant.

Sh. S.K. Pruthi, Ld. counsel for respondent.

As none has appeared for the appellant, to come up for

further proceedings on 04.10.2019.




Sh. Mohit Sharma, Ld. counsel for SDMC.

As none has appeared for the appellant despite several

calls, be listed for final arguments on date already fixed i.e.

17.10.2019.



A.No. 297/16 26.08.2019 Present : Sh. Brijesh Verma, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for MCD.

Ld. counsel for appellant states that an application for re-

opening of regularization application will be moved within

two weeks.

Subject to moving of the application within two weeks, the

same be processed and status report be filed by the

respondent on 20.11.2019.



A.No.178/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

At request of Ld. counsel for appellant, adjourned to

10.12.2019 for final arguments. Interim order to continue till

next date.



A.No.177/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

At request of Ld. counsel for appellant, adjourned to

10.12.2019 for final arguments.



A.No. 709/18 26.08.2019 Present : Ms. Shabia Khatun, Ld. proxy counsel for appellant.

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

Status report filed alongwith photographs, copy supplied.

At joint request, adjourned to 24.09.2019 for final

arguments.



A.No. 701/15 26.08.2019 Present : Ms. Sanjana Antil, Ld. counsel for appellant.

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

Objections to the status report filed, copy supplied.

Be listed for final arguments on 09.09.2019. Interim order

to continue till next date.



A.No. 39/16 26.08.2019 Present : Sh. Mahesh son of the appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh. Yogesh

Sharma, JSA.

Son of appellant seeks Adjournment as his counsel is not

available today.

To come up for final arguments on 10.12.2019.




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

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

for further proceedings on 26.09.2019.




Sh. Mohit Sharma, Ld. counsel for SDMC.





12.30 PM

At this stage, Sh. Nitin Dhingra, Ld. counsel for appellant

appeared, he has been apprised of the order.




Sh. Dharamvir Gupta, Ld. counsel for MCD.





A.No. 856/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for MCD.

Ld. counsel for parties seeks more time to file brief

synopsis.




A.No. 483/19 26.08.2019 Present : Sh. R.K. Sharma, Ld. counsel for appellant.

This is an appeal against the order of demolition.

Ld. counsel for appellant states that appellant was only

served with show cause notice dated 25.07.2019 for

sealing. No show cause notice or order of demolition has

been served upon the appellant. It is also stated that

application for regularization has been moved on

26.08.2019.

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

27.08.2019.

Process be given dasti, as prayed for.



A.No. 488/19 26.08.2019 Present : Sh. Mukesh Bhardwaj, Ld. counsel for appellant.

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

of demolition dated 02.04.2019 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 27.08.2019.















Process be given dasti as prayed for.



A.No. 489/19 26.08.2019 Present : Sh. Akshay Srivastava, Ld. counsel for appellant.

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













A.No. 466/19 26.08.2019 Present : Sh. Amit Bajaj, Ld. counsel for appellant.

Fresh appeal filed u/s 347-B(1) of DMC Act against the

order of sanction of building plan dated 12.04.2017. No

application for condonation of delay has been filed. Be

checked and registered.






Be listed for consideration on 23.09.2019.



A.No. 492/19 26.08.2019 Present : Appellant with Ld. counsel Sh. Rajinder Gulati.

Fresh appeal filed u/s 343 and 347-B of DMC Act against

the order of demolition dated 14.08.2019 alongwith

application for stay. Be checked and registered.






Be listed for arguments on the application for stay on

29.08.2019.


Appellant is directed to file the title documents.



A.No. 27/18 26.08.2019 Present : Appellant in person.

Sh. Mohit Sharma, Ld. counsel for MCD.

At request of appellant, adjourned for final arguments to

02.12.2019, as his counsel is not available.




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

Sh. Madan Lal, Ld. counsel for applicant.

As none has appeared for the appellant, be listed for further

proceedings on 29.11.2019.



A.No. 527/17 26.08.2019 Present : Sh. Madan Lal Sharma, Ld. counsel for appellant.

Ms. Bina Sharma, Ld. counsel for respondent.

Be listed for final arguments with connected appeal on

29.11.2019.



A.No. 930/17 26.08.2019 Present : Ms. Shabia Khartun, Ld. proxy counsel for appellant.

Sh. Raj Bhushan, JLO, EDMC.

At joint request, be listed for final arguments on 10.12.2019.



A.No. 1109/15, 1110/15, 1111/15, 1112/15 and 1113/15 26.08.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Ashutosh Gupta / Sh. Dharamvir Gupta, Ld. counsel for

MCD.

Status report filed stating that regularization application of

appellant has been rejected, copy of the rejection letter has

been filed.





A.No. 981/17 26.08.2019 Present : Sh. B.R. Bakshi, Ld. counsel for appellant.

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

Arguments heard on the application for amendment.

It is stated that due to inadvertence appellant has

challenged the vacation notice dated 27.10.2017 instead of

challenging the sealing order. It is also stated that appellant

was not served with the sealing order, as no proof of pasting

of show cause notice or sealing order has been filed.

It is further stated that no prejudice will be caused to the

MCD if the amendment is allowed and the appellant is

allowed to amend the Para-4 of the appeal to incorporate

the following amendment in place of para-4.

“Appeal under section 347-B of the Delhi

Municipal Corporation Act, 1957 inter alia

challenging the Sealing Order dated 14th May,

1017 in respect of property House No.S-28/A

(4th Floor/Top Floor), School Block Shakarpur,

Delhi-92”

The application has been opposed by the Ld. counsel for

respondent on the ground that said amendment will change

the nature of the appeal.

Heard.

In my view the amendment is not likely to change the

nature of appeal and is necessary to determine the real

question in controversy.

In view thereof, the amendment application stands allowed.

The amended appeal be taken on record.





Sh. Madan Sagar, Ld. counsel for respondent.

More time is sought on behalf of the respondent to file the

status report.

At request adjourned to 28.11.2019 for final arguments.




A.No. 74/19 26.08.2019 Present : Sh. M. Hussain, Ld. proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh.

Shish Ram Sharma, Architect Asstt.

Time is sought by Ld. counsel for respondent to file the

status report. Record be deposited with the Registry.




A.No. 225/19 26.08.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.

Sh. Sanjeet, Ld. proxy counsel for MCD.

This is an appeal against the order of demolition dated

11.01.2019.

Documents filed by appellant.

Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

Briefly stated the facts of the case which are necessary to

decide the application are that the appellant is the owner of

built up property ad-measuring 22 sq.yds. bearing No.D-

1/183, Madangir, New Delhi by virtue of a family settlement

/ partition held on 15.06.1997.

It is further stated that brother of the appellant had filed false

complaint with the MCD against him. It is also alleged that

construction on the ground floor, first floor and second floor

in the property in question has been in existence since prior

to the execution of family settlement between the parties. It

is further alleged that appellant has not raised any illegal or

unauthorized construction in the property in question.

It is also submitted that the demolition order was never

served upon the appellant. It is also submitted that the

appellant received the show cause notice which was duly

replied. It is also stated that appellant came to know that

sealing order has also been passed only when the status

report was filed in the instant appeal,

Ld. counsel for appellant in support of his contention has

filed a copy of family settlement arrived at between the

parties dated 15.06.1997 and has also placed reliance upon

the judgment passed by Ld. Civil Judge in suit titled Murari

Lal Vs. Sant Ram and Another for possession of property in

question to show that construction in the property existed

upto two stories since prior to the date of family settlement

dated 15.06.1997 and the property in question fell to the

share of appellant.

Heard in view of the facts and circumstances there shall be

interim stay of demolition, respondent is restrained from

taking demolition action in the property in question property

bearing no.D-1/183, Madangir, New Delhi pursuant to the

impugned order till next date of hearing.

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 stay application on 30.10.2019.

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

as prayed for.



A.No. 272/19 26.08.2019 Present : Sh. Subhash Chawla, Ld. counsel for appellant.

Sh. Sanjeet, Ld. proxy counsel for MCD.

Be listed for arguments with connected appeal on

30.10.2019.

