present : sh. o.p. verma / sh. r.s. chaggar /...

A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to

694/17, 741/17 to 743/17 & 707/17

05.07.2018

Present : Sh. O.P. Verma / Sh. R.S. Chaggar / Sh.

Gaurav Kakar, counsel for appellants.

Sh. Shashikant Sharma / Sh. K.K. Arora / Ms.

Nagina Jain / Sh. V.K. Aggarwal / Sh. Umesh

Gupta / Sh. Prashant Kumar Bhardwaj / Sh.

Gian Chand / Sh. Vikas Gupta / Sh. Harbans

Kaushal / Ms. Richa Gupta / Sh. Ashok Kumar

Khosla / Sh. Madan Sagar / Sh. A.L. Agnihotri

/ Sh. H.R. Aggarwal / Sh. Nitin Soam / Sh.

S.K. Pruthi / Ms. Nazma Akhtar / Sh. Amit

Kumar Mittal / Sh. Dhruv Bajaj / Sh. Vivek

Chandra / Sh. P.K. Chauhan / Sh. Vikas

Rohtagi, counsel for North DMC alongwith Sh.

Ashwani Rana, AE(B).

Vakalatnama alongwith written submissions filed by

Sh. H.R. Aggarwal on behalf of respondent in appeal no.

742/17 & 743/17.

Further status report filed by the North DMC stating

that the file has already been sent to Chief Town Planner for

placing the matter before the LOSC. The matter is under

consideration after receiving the decision of the LOSC.

Apparently the report is totally ambiguous. Nothing is

mentioned as to when the matter was sent to LOSC and

what is the procedure adopted by the LOSC for deciding the

matter. No time period has been given.

It is stated that at least two months time will be taken

by the LOSC to consider the matter.

LOSC is directed to decide the matter positively

before next date of hearing and submit the report,

otherwise, higher officers will be summoned to appear in

person.

- 2 -

A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to

694/17, 741/17 to 743/17 & 707/17

Put up this matter for filing of status report by the

respondent and arguments on 16.10.2018.

Original order is placed in appeal no. 550/17.

Attested copy of this order be placed in other appeals as

mentioned above.

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

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

Appellate Tribunal:MCD 05.07.2018

A.No. 1064/13, 1065/13, 1033/13 & 1085/13 05.07.2018

Present : None for appellant.

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

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

counsel for Sh. Mohit Sharma, counsel for

MCD.

Status report filed on 22.05.2018 stating that the

appellant has got deposited the requisite charges to the

tune of Rs. 41,54,450/- as worked out and communicated in

compliance of order dated 18.04.2016.

It is further stated that the property abuts on a road

having right of way more than 18 mtr. and category of the

colony is ‘A’.

Put up this matter for arguments on 30.08.2018.



A.No. 465/16, 284/15, M 22/16 & 336/15 05.07.2018

Present : Sh. Abrar Ahmad, brother of appellant.

Sh. Dharamvir Gupta / Sh. H.R. Aggarwal,

counsel for MCD.

Status report regarding regularization application not

filed despite submission on the last date that the same will

be filed within two weeks.

Again adjournment sought by the respondent to file

the status report.

Dy. Commissioner, City S.P. Zone is directed to

appear in person alongwith said report and to take

necessary action against the concerned JE(B) and AE(B)

for non-compliance of the directions of this Tribunal in that

regard.

Copy of the order be given Dasti to counsel for

respondent for information and compliance.


respondent and arguments on 03.08.2018.



P.No. 29/13 05.07.2018

Present : Sh. Raj Mangal Kumar, proxy counsel for Sh.

Sanjeev Kumar, counsel for appellant.

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

Sh. Ravi Dabas, JLO and Ms. Renu Soni,

JLO.

Ms. Karishma, proxy counsel for DDA

alongwith Ms. Anju Sharma, JLO for DDA.

Status report filed by the SDMC stating that a

meeting between Commissioner, South DMC and Vice

Chairman, DDA has taken place on 15.06.2018. Minutes

attached. After deliberation it was decided that the

applicant was required to submit following documents for

proper examination of the proposal for change of land use:

a. Detailed layout plan of the area

b. Existing land use plan of the entire area

c. Proposed change of land use plan

d. Total station survey of the entire area

The SDMC has conveyed the above requirements to

the appellant vide letter dated 27.06.2018 and compliance

of said requirements on the part of appellant is awaited and

the respondent SDMC was referred the case to the DDA in

view of the decision taken in the meeting of Vice-Chairman

and Commissioner, SDMC. Copy of status report alongwith

Annexure supplied to the proxy counsel for appellant.

Ld. Counsel for DDA has filed status report. The said

report is the same facts / requirements as reiterated in para

no. 4 of the status report. It is further stated that on

receiving of the above documents /compliance of said

requirements by the applicant, survey will be carried by the

staff of SDMC and the agenda will be taken up before the

Technical committee for consideration and after

consideration of the matter by the Technical

Committee, the final proposal will be submitted to the DDA

for approval. It is submitted that the subject property is

located in the planning Zone-F and all files of pre-existing

institutions falling in Zone-F including the file of the

appellant were handed over to Record keeper, SDMC vide

hand over/ taken over report dated 19.09.2017 for further

processing as per the minutes of meeting.

Copy of this report is also supplied to the proxy

counsel for appellant.

Main counsel of the appellant Ms. Sanjeev Kumar is

not available today stated to be busy in Hon. High Court of

Delhi.

Adjournment sought to file the reply / objections if

any regarding status report of the SDMC and DDA and to

take necessary steps for compliance of letter dated

27.06.2018 of the SDMC.

No status report regarding action taken in compliance

of the order dated 16.01.2018 has been filed wherein

Commissioner was directed to take disciplinary action

against the officials who have initiated the proceedings at a

later stage i.e. one and half months of the last order of this

Tribunal.

Ld. Counsel for respondent seeks adjournment to file

status report in that regard by next date of hearing.

Put up this matter for further proceedings on

30.08.2018.



A.No. 258/17 05.07.2018

Present : Ms. Jaya Goel, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Arguments heard.

Put up for orders on 24.07.2018.



M.No. 17/18 05.07.2018

Present : Sh. Pawan Kumar, Intern on behalf of Sh.

Sahil Sharma, counsel for applicant.

Put up again.



11.45 AM

Present : None for applicant.

None is present on behalf of appellant, despite

second call.

No documents filed in pursuance of previous

directions.

Put up for further proceedings on 23.08.2018.



A.No. 814/17 05.07.2018

Present : Sh. Gaurav Jain, counsel for appellant.

Sh. Nitin, proxy counsel for Sh. Sandeep

Kaushik, counsel for MCD alongwith Sh. G.P.

Jaiswal, JE(B).

Status report filed. Copy supplied.

Put up this matter for arguments on 27.07.2018.



A.No. 331/18 05.07.2018

Present : Brother of appellant with Sh. Tarun, proxy

counsel for Sh. Amit Vohra, counsel for

appellant.

Ms. Beena Sharma, counsel for respondent.

Vakalatnama on behalf of respondent filed.

Original record not produced.

Adjournment sought to produce the same and file the status

report on the ground that record pertaining to the same property is

already filed in appeal bearing No. 181/17. The appellant is

claiming himself to be the owner of 4th floor. The appellant is

employer of Air Port Authority of India (GMR) as Security Asstt.

He has placed on record MTNL telephone bill as well as electricity

bill stating that appellant is in possession of property from May

2013 and is claiming protection under NCT of Delhi Laws (Special

Provisions) (Second Amendment) Act, 2014.

Adjournment sought to file further documents regarding

change of address with the employer.

Respondent seeks adjournment to file the original record

and the status report.

Proper photographs were not placed on record by the

appellant. The counsel for appellant shows the photographs

wherein ground floor is occupied as shops and there is no stilt

parking and question arises regarding existence of fourth floor

however, the appellant is claiming stilt parking at the ground floor.

These points will be considered when the original record will be

filed by the respondent. Appellant is directed to produce proper

photographs of the property in question from front side and back

side of the property.

AE(B) is directed to be present alongwith original record.

Put up this matter on 17.07.2018.



A.No. 181/17, 1044/17, 188/17 & 1050/17

05.07.2018

Present : Sh. Himanshu Sharma and Ms. Aditi Sharma,

counsel for appellant in appeal no. 181/17 &

1044/17.

Sh. R. Mehra, counsel for appellant in appeal

no. 188/17 & 1050/17.

Sh. Sanjeev Kumar Yadav / Sh. Shashikant

Sharma, counsel for MCD.

Reply to the application u/s 151 CPC for not taking

any action in pursuance of vacation notice not filed by the

respondent despite giving time on the previous date.

It is stated by ld. Counsel for respondent that the

vacation notice dated 06.03.2018 was given in pursuance of

fresh booking vide file no. 91/UC/B-II/SZ/2018 dated

08.02.2018 and the said action was in continuation of the

previous booking no. 07/UC/B-II/SZ/2013 dated 03.01.2013.

It is stated that the necessary reply will be filed after

calling record from the concerned AE(B) and it seems that

vacation notice dated 06.03.2018 was given to the occupier

of the fourth floor and the same might have been served

upon the appellant also being the owner in the same

property.

Adjournment sought for clarification and for filing

reply to the said application.

Ld. Counsel for appellant pointed out that there is

interim stay against the demolition in pursuance of the

demolition order challenged in these appeals and therefore,

there was no occasion for issue of vacation notice dated

06.03.2018 to the appellant in view of the interim protection

already granted by this Tribunal.

Hence, the respondent is restrained from taking any

action against the appellant’s property in pursuance of the

vacation notice dated 06.03.2018.

Status report filed stating that in pursuance of the

directions dated 16.02.2018 find mentioned that Krishan

Kunj Apartment and Nature Green Apartment are part of

property no. 29-D/1 occupied by Sh. Kartar Singh and

unauthorized construction upto third floor is already stands

book in the year 2013. The property is part of urbanized

village. Regarding protection under NCT of Delhi Laws

(Special Provisions) (Second Amendment) Act, 2014 it is

stated that this act provide relief to the construction in the

property in that area upto 31.12.2020 provided the

construction was in existence on or prior to cut off date i.e

01.06.2014.

It is further stated that Writ Petition (C) No. 11667/17

titled as Meena Kumar Vs. Commissioner, SDMC has been

filed before the Hon’ble High Court against in the

unauthorized construction in the property. During the

proceedings of the court before the Hon’ble High Court

further unauthorized construction of fourth floor and fifth

floor which was booked vide file no. 91/UC/B-II/SZ/2018

dated 08.02.2018 in continuation of previous booking dated

03.01.2013, a vacation notice was issued against the

unauthorized construction on 06.03.2018.

It is further stated that aggrieved by the vacation

notice Sh. Kartar Singh filed a Writ Petition before the

Hon’ble High Court and say against the action of the

department was granted by the Hon’ble High Court and

further directed the appellant to approach this Tribunal.

It is pointed out by ld. Counsel for appellant that as

per order dated 07.03.2017 in Writ Petition (C) No. 8613/16

the Tribunal has been directed to decide whether the

property of the appellant falls in property bearing no. 29-B/1,

Ward No. 1, Mehrauli, New Delhi.

The appellant and respondent are directed to file

necessary documents with regard to the directions to the

Hon’ble High Court on 17.07.2018.

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



A.No. 743/16 & 774/17 05.07.2018

Present : Sh. Mithilesh Jha, proxy counsel for Sh. Rohit

Goel, counsel for appellant.

Sh. Dharamvir Gupta / proxy for Ms. Babita

Saini and Sh. Ashutosh Gupta, counsel for

MCD alongwith Ms. Sarita Gaur, ALO for

North DMC.

Status report regarding regularization application filed

in September 2017 not filed.

Adjournment sought without any reason.

Last opportunity was granted on next date of hearing.

Dy. Commissioner, City S.P. Zone is directed to

appear in person alongwith said report and to take

necessary action against the concerned JE(B) and AE(B)

for non-compliance of the directions of this Tribunal in that

regard.

Copy of the order be given Dasti to counsel for

respondent for information and compliance.


respondent and arguments on 03.08.2018



A.No. 309/18 05.07.2018

Present : Sh. Vimal Dhingra, counsel for appellant.

Sh. Umesh Gupta, counsel for MCD.

Vakalatnama on behalf of respondent filed.

Status report filed by the respondent. It is stated in

the status report that property was inspected on 09.02.2018

and during the inspection unauthorized construction in the

shape of entire ground floor, first floor, second floor

including projection on each floor in gali was noticed and

was accordingly booked on 09.02.2018. Show cause notice

was issued on the same day which was served upon the

appellant Ziauddin through speed post. He did not file any

reply to the show cause notice and accordingly demolition

order dated 01.03.2018 was passed which was duly sent to

the appellant through speed post wherein second floor roof

was demolished by cutting panel including cutting

reinforcements and removed the roof of third floor at the

ongoing stage including removing iron girders.

It is further stated that unauthorized construction has

been raised without sanction or permission from the

competent authority. As such it is unauthorized and liable to

be demolished.

Adjournment sought to inspect the record to file

objections to the status report and arguments on

19.07.2018.



A.No. 379/18 & 380/18 05.07.2018

Present : Sh. Avishek Kumar, counsel for appellant.

It is stated that construction was being done with the

Sanctioned Building Plan but no such proof of Sanctioned

Building Plan has been placed on record.

It is stated that the said documents will be filed by

tomorrow.

Put up this matter for filing the same on 06.07.2018.



A.No. 427/18 05.07.2018

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

This is an appeal against the demolition order dated

15.06.2018.

Issue notice of the appeal and application to the

respondent through concerned Chief Law Officer subject to

filing of original / legible documents. 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 10.07.2018. Notice be given

Dasti, as prayed.



A.No. 429/18 05.07.2018

Present : Sh. Rohit Jain, counsel for appellant.

This is an appeal against sealing order dated

23.05.2018 .


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.


Dasti, as prayed.



A.No. 428/18 05.07.2018

Present : Sh. Rohit Jain, counsel for appellant.

This is an appeal against demolition order.


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.


Dasti, as prayed.



A.No. 705/17 05.07.2018

Present : Sh. Fransis Paul, counsel for applicant

alongwith applicant.

An application is moved for early hearing. The

matter is listed on 31.08.2018. Due to heavy cause list and

heavy pendency, early hearing is not possible in this case.

Hence, the matter is adjourned for the date already

fixed i.e. on 31.08.2018.



A.No. 145/18 05.07.2018

Present : Sh. Sunil Pandey, counsel for applicant.

File taken up today on the application for early

hearing filed by the applicant whose application under order

1 rule 10 is pending for consideration.

It is stated that the appellant has played a fraud and

concealed the facts but nothing is mentioned in the

application about what fraud and what concealment has

been done.

No ground is made out for early hearing.

Put up this matter on the date already fixed i.e.

20.09.2018.



A.No. 415/16 05.07.2018

Present : Sh. C.M. Verma, counsel for appellant.

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

Arguments heard.

The appellant is claiming the property in village abadi

deh having Lal Dora.

Respondent is directed to file the status report

explaining whether the property is situated in village abadi

deh / urbanized village or unauthorized colony. Secondly

whether the same is having protection under NCT of Delhi

Laws (Special Provisions) (Second Amendment) Act, 2014

or not.

Put up this matter for clarification in that regard and

remaining arguments, if any, on 02.08.2018.



A.No. 363/18 05.07.2018

Present : Sh. Avishek Kumar, counsel for appellant.

Sh. Ramesh Yadav, counsel for EDMC

alongwith Sh. P.K. Tiwari, AE(B).

Status report filed. Record produced. Same be

deposited with the registry of this Tribunal.

Arguments heard.

Put up this matter for orders on 09.07.2018.



A.No. 05.07.2018

Present :



A.No. Statement of Sh. ON SA

RO&AC



A.No. Statement of Sh.

ON SA

RO&AC



present : sh. o.p. verma / sh. r.s. chaggar /...

Documents