A.No. 171/18 Vide separate order of even date, announced...

A.No. 171/18

04.04.2019

Present : None for the parties.

Vide separate order of even date, announced in the open

court, the appeal is allowed.

Appeal file be consigned to Record Room after due

compliance.

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

Delhi Municipal Appellate Tribunal Tis Hazari Courts, Delhi/04.04.2019

A.No. 420/18 & 421/18 04.04.2019

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

Ms. Sarita Gaur, ALO for North DMC

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

Sh. Suresh Kumar, counsel for applicant Ms.

Shakuntala.

Status report in compliance of order dated

10.07.2018 filed. Copy supplied to the appellant as well as

applicant.

Both parties are directed to file written submissions.

Applicant may also file written submissions within four

weeks.

Put up this matter for consideration of status report /

filing written submissions and final arguments on

24.07.2019.

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


Appellate Tribunal:MCD 04.04.2019

A.No. 684/18 04.04.2019

Present : Sh. Prashant Sharma, counsel for appellant.

Sh. Manoj Kumar, counsel for EDMC.

Ld. counsel for appellant submits that the appellant

has not contacted him.

Let court notice be issued to the appellant for appear

in person for 15.05.2019.



A.No. 687/18 04.04.2019


Sh. Satish Kumar, R-2 in person.

Sh. Mohit Sharma, counsel for EDMC.

Respondent No. 2, Sh. Satish Kumar is present and

seeks adjournment to file reply, if any.

Put up this matter for that purpose and arguments on

15.05.2019.



A.No. 682/18 04.04.2019


Ms. Praveen Sharma, counsel for EDMC.

Objections to the status report not filed by the

appellant.

Notice to the owner / respondent no. 2 has not been

served. Process not taken dasti.

Put up this matter for service of notice to the

respondent no. 2 as per previous orders on 15.05.2019.



A.No. 681/18 04.04.2019


Sh. S.K. Pruthi, counsel for EDMC.

Appellant has not filed any objection to the status

report and is ready to argue the matter.

Both parties are directed to file written submissions

within two weeks.

Put up this matter for that purpose and arguments on

15.05.2019.



A.No. 583/14 & 584/14 04.04.2019

Present : None for appellant.

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

Sh. Jagbir Singh, AE(B).

Status report filed by the respondent.

Adjournment sought to file clear-cut status report

regarding the protection of the property under National

Capital Territory of Delhi Laws (Special Provisions) Second

(Amendment) Act, 2017 and demolition order is to be kept in

abeyance till 31.12.2020.

Put up this matter for filing said status report by the

respondent and further proceedings on 03.06.2019.

Copy of order be given Dasti for compliance.



A.No. 240/18 & 569/18 04.04.2019

Present : Appellant in person.

Sh. Dharamvir Gupta, counsel for MCD.

Sh. Rajeev Mittal, counsel for applicant.


14.02.2019 filed. Copy supplied.

Adjournment sought to file objections to the said

status report.

Put up this matter for consideration of status report /

filing objections to the status report, if any / arguments on

the application under Order 1 Rule 10 CPC as well as final

arguments on 09.07.2019.



A.No. 389/18 04.04.2019

Present : Sh. Deepak K. Nayal, counsel for appellant

alongwith appellant.


Status report filed stating that after inspection, it is

found that the measurements mentioned in the affidavit are

tallies with the construction existing at site.

Put up this matter for final arguments on 29.07.2019.



A.No. 829/18 04.04.2019

Present : Sh. Deepak K. Nayal, counsel for appellant



Put up this matter with connected appeal no. 389/18

for arguments on 29.07.2019.



A.No. 971/13 & 976/13 04.04.2019

Present : Sh. Sandeep Singh Yadav, counsel for

appellant.

Ms. Manjusha Jha / Sh. H.R. Aggarwal,

counsel for MCD.

Notice of the preponement application has been

served by the respondent Monitoring Committee.

Notice to the DDA has not been served.

The matter is already listed for 13.05.2019.

Put up this matter for consideration / filing status

report by the respondent regarding deposit of misuse

charges and arguments on the date already fixed i.e.

13.05.2019.



A.No. 450/18 & 451/18 04.04.2019

Present : Sh. Sahil Munjal, counsel for appellant.

Ms. Nagina Jain, counsel for MCD.

Reply to the application dated 23.11.2018 filed on

behalf of the respondent.

Put up this matter for consideration / arguments on

27.08.2019.



A.No. 320/16 04.04.2019

Present : Sh. Gaurav Jain, counsel for appellant

alongwith Sh. Manish Kumar, AR of appellant.

Sh. Anil Mishra, counsel for MCD alongwith

Sh. Sandeep Kumar Jain, AE(B).

Adjournment sought by the appellant to move an

application for issuance of notice to Interim Resolution

Professional (IRP).

On filing of application alongwith address, notice be

issued to Interim Resolution Professional (IRP).

Put up this matter for that purpose and further

proceedings on 10.07.2019.



A.No. 238/12 04.04.2019



Ms. Nagina Jain, counsel for MCD.


05.10.2018 not filed.

Adjournment sought to file the same.

Put up this matter for filing status report by the

respondent on 10.07.2019.



A.No. 168/17 & 21/15 04.04.2019



Ms. Manjusha Jha / Sh. V.K. Aggarwal,

counsel for MCD alongwith Sh. Raju, AE(B).

Vakalatnama on behalf of respondent filed in appeal

no. 21/15.

Status report filed. Copy supplied.

Four weeks time sought by the appellant to dismantle

the tower as the same is not dismantled due to dispute with

the owner.

Put up this matter for filing status report regarding

dismantling of the tower by the respondent and further

proceedings on 10.07.2019.



A.No. 780/14 & 1110/13 04.04.2019



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

It is stated that application was already filed. Copy

supplied.

Put up this matter for filing status report by the

respondent and further proceedings on 10.07.2019.



A.No. 922/15 04.04.2019




Status report was filed on 23.07.2018.

Regularization application was rejected. The order dated

05.10.2018 is not complied.

Two weeks time sought to comply the same.

Put up this matter for further proceedings /

compliance of the directions on 10.07.2019.



A.No. 138/14 04.04.2019




As per the status report filed on 11.12.2018, vide

letter dated 30.11.2018, permission / regularization of RTT

installed at Commercial Plot No. 4, Local Shopping Centre,

Pushp Vihar, Mandangir, New Delhi has been granted

subject to certain terms and conditions.

Appellant undertakes to comply all the terms and

conditions. In view of the sanction granted, the impugned

order challenged herein stands quashed.

In case the appellant does not fulfill the terms and

conditions, respondent will be at liberty to take action as per

law.

The appeal is disposed off accordingly in above

terms. File be consigned to record room.




A.No. 785/16 04.04.2019

Present : Ms. Laxmi Singh, counsel for appellant.

Sh. Sandeep Kaushik, counsel for MCD

alongwith Sh. Hemant Kumar, JE(B).

Status report filed stating that regularization

application of the existing pole over the property has been

granted vide order dated 03.04.2019. Copy of

regularization letter is annexured as Annexure-A.

Appellant is directed to comply the terms and

conditions of regularization letter.

In case, terms and conditions are not complied by the

appellant, respondent will be at liberty to take action as per

law.

Since the pole has been regularized, the appeal

becomes infructuous. The impugned order challenged

herein is accordingly set aside. The pole installed at the

property bearing no. 135-136, Old Seemapuri, Delhi be

desealed.

The appeal is disposed off accordingly in above

terms. File be consigned to record room.




A.No. 889/16 04.04.2019

Present : Appellant in person alongwith counsel.

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

Sh. Sandeep Jain, AE(B).

Adjournment sought to file reply to the application.

Put up this matter for filing reply to the said

application on the date already fixed i.e. 25.04.2019.

In the meantime, there is no need to file the action

taken report till the application is decided.




A.No. 821/17 04.04.2019


Sh. Sanjay Gupta, ALO.

Vide order dated 28.10.2018, in MCD Appeal No.

06/2018 of the appellant, Ld. Appellate Court has ordered to

keep the demolition order in abeyance till the pendency of

the appeal.

Adjournment sought as counsel for appellant is not

available.

Both parties are directed to file written submissions

by next date of hearing.




A.No. 912/15 04.04.2019


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

Status report filed stating that the property was

inspected on 03.04.2019 and it was noticed that the load

bearing wall has not been erected in the property.

AE(B) has not filed the order dated 26.02.2019.

Adjournment sought.

Put up this matter for filing status report under the

hand and signature of EE(B) on 31.07.2019.

In case, the respondent has no objection for

rebuilding of the load bearing wall, the appellant will be at

liberty to do and status report will be filed by next date of

hearing.




A.No. 105/15, 812/16 & 813/16 04.04.2019

Present : Sh. Satpal, Nephew of the appellant.

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

LRs of the deceased appellant / applicant are not

present.

Nephew of the appellant is present today. Counsel

for appellant is also not present.

Adjournment sought on behalf of the appellant.

Put up this matter for arguments on pending

application on 29.07.2019.



A.No. 247/18 04.04.2019

Present : Sh. Ajay Mahalla, counsel for appellant.

Sh. Ashutosh Gupta, counsel for MCD.

Ms. Ratan Bhatnagar, counsel for R-3.

Status report filed stating that the demolition program

was fixed for 29.03.2019 wherein RCC Pillars at ground

floor were demolished and the reinforcement was cut down

with gas cutter.

Copy of the status report supplied to the counsel for

appellant.

Some action taken report also filed on behalf of R-3.

Put up for filing further action taken report on

24.07.2019.



A.No. 596/11 04.04.2019

Present : None for the appellant.


None from DCP Office West District.

SHO has not filed copy of the charge sheet.

Court notice be issued to him to appear in person

alongwith the copy of charge sheet.

Put up on 09.07.2019 for filing the charge sheet by

the SHO.



A.No. 36/15 04.04.2019

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


Status report was filed on 21.02.2019 stating that

property is lying demolished and the same was rendered

useless / un-inhabitable. The seal of the respondent are

intact.

Adjournment sought by the counsel for appellant to

withdraw the appeal.

Put up for withdrawal of the appeal on 31.05.2019.



A.No. 685/18, 686/16 & 688/18 04.04.2019


Sh. Nahar Singh counsel for respondent in

appeal No.685/18.

Sh. Sagar Dhama counsel for respondent in

appeal No.688/18.

None for respondent in appeal No.686/18.

Status report in compliance of the order dated

06.02.2019 not filed.

Dy. Commissioner concerned is directed to appear in

person alongwith said status report. Copy of the order be

given to the Nodal Officer for placing the same before the

Dy. Commissioner concerned.

Put up for that purpose and arguments on

15.05.2019.



A.No. 683/18 04.04.2019


Ms. Satakshi Verma, counsel for respondent.

Status report filed alongwith circular dated

09.10.2018 with annexure–A, stating that sealed property

can be desealed as per circular dated 09.10.2018 on

completion of all the formalities.

The appellant may take necessary steps for

desealing of the property in question in view of the circular

dated 09.10.2019.

On receiving of said application, respondent is

directed to decide the same within a period of four weeks.

Put up for filing status report on 15.05.2019.



A.No. 120/19 & 121/19 04.04.2019

Present : Sh. Vinay Arora, counsel for appellant.

Sh. Surinder Singh, counsel for respondent in

appeal No.120/19.

Sh. Mikhil Sharda, counsel for respondent in

appeal No.121/19 alongwith Sh. S.P. Garg,

AE(B).

Vakalatnama on behalf of respondent filed.

Status report filed. Original record not produced on

the ground that matter is still before the Quasi Judicial

Authority for personal hearing regarding the proceedings u/s

343 & 344 of the DMC Act because the demolition order is

not yet passed for which appeal No.121/19 is already

pending.

Put up for producing the original record,

consideration of the status report and final arguments on

20.08.2019. Interim stay, if any, is extended till next date.



A.No. 494/16 04.04.2019

Present : Sh. Shashi Shankar, counsel for appellant.

Ms. Manjusha Jha, counsel for respondent.

AE(B) made a statement that no proper

regularization application has been filed by the appellant.

In view of the statement, the appellant is directed to

move appropriate application to the respondent for getting

his property regularized within a four weeks.

Respondent is directed to consider the said

application, if moved, and decide the same within a period

of two months.

Put up this matter for filing of status report by the

respondent and arguments on 28.08.2019. Interim stay, if

any, is extended till next date.



A.No. 382/15 & 573/16 04.04.2019

Present : Sh. B.S. Mathur, counsel for appellant.

Sh. Ranjit Singh, proxy counsel for Sh.

Shashikant Sharma, counsel for MCD.

Status report regarding order dated 08.01.2018 filed

stating that basement existing at site cannot be treated as

ground floor, since ground level from inside the school

building varies at different points and the basement was not

sanctioned as per Sanctioned Building Plan. The appellant

has moved an application for regularization on 08.10.2018

to which IN was issued bu the appellant has not complied

the IN, hence, the application was rejected.

Counsel for appellant at the very outset submitted

that respondent be directed to specify what are the

unauthorized construction / what are the alleged deviations

and excess coverage with specification.

Concerned AE(B) is directed to file the said status

report and supply the copy to the appellant who may take

necessary steps.

Put up for that purpose and final arguments on

23.07.2019. Interim stay, if any, is extended till next date.



A.No. 905/17 & 766/17 04.04.2019

Present : Ms. Radha Singh, counsel for appellant.

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

counsel for MCD.

No status report regarding decision taken on the

regularization application has been filed.

Let the same be filed within two weeks. Copy of the

order be given dasti to the respondent for compliance.

Put up this matter for filing of status report by the

respondent and arguments on 03.06.2019.



A.No. 817/14 04.04.2019

Present : Sh. Arun Francis, counsel for appellant


Sh. H.R.Aggarwal proxy counsel for Sh. V.K.

Aggarwal, counsel for MCD.

The main counsel Sh.V.K. Aggarwal is not available.

Written brief submissions have been filed on behalf

of the appellant. Copy supplied.

Respondent is also directed to file written brief

submissions within four weeks

Put up for hearing/oral arguments on 12.07.2019.

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



A.No. 893/17 04.04.2019

Present : Sh. Umesh Sharma counsel for appellant

alongwith appellant in person.

Sh. Shashi Kant Sharma counsel for

respondent.

Part arguments heard.

Respondent seeks adjournment to file written brief

submissions.

Put up for that purpose and oral arguments, if any,

on 24.05.2019.



A.No. 804/17. 04.04.2019

Present : Sh. Varun Chawla counsel for appellant .

Sh. Ranjit Pandey counsel for respondent.

Memo of appearance on behalf of respondent

filed .

Final arguments heard.

Put up the matter for orders on 08.04.2019.



A.No. 447/18. 04.04.2019

Present : Sh. T.N.Shakla counsel for appellant .

Sh Ranjit Pandey counsel for respondent.

An application under section 5 of the Limitation n Act

has been filed on behalf of the appellant. Copy supplied.

Another application for desealing of the premises

also filed. Copy supplied.

Adjournment sought to file reply of both the

applications .

Put up for filing reply of the applications and

arguments on the applications as well as arguments on

maintainability of the appeal on 06.05.2019.



A.No. 378/18. 04.04.2019

Present : Sh. Hamraj proxy counsel for Sh. Saurabh

Tiwari.

Sh. Mohit Sharma, counsel for MCD.

Adjournment sought as main counsel for appellant is

not available.

Put up for final arguments on 26.08.2019.

Interim stay, if any, is extended till next date



P.No.251/14. 04.04.2019

Present : Sh.Ashok Kumar one of the appellant in

person.

Sh. Shashikant Sharma, counsel for MCD .

None for DDA..

None for Monitoring Committee.

Appellant was directed to place on record the

subsequent order in Appeal of the appellant under Public

Premise Act stated pending before Ld. District & Session

Judge .

Adjournment sought to comply the previous order.

Put up for compliance of the previous order and

further proceedings on 25.07.2019.



A.No. 7980/13. 04.04.2019

Present : Sh.Vikas Bhatia counsel for appellant .

None for the respondent.

Counsel for appellant submitted that he was not

aware of the order dated 11.01.2019 as he was in Hospital

for longtime.

He seeks time to comply the said orders.

Put up for compliance of the order dated 11.01.2019

on 11.07.2019.



A.No. 156/18 and 157/18. 04.04.2019


Sh. N. Sharma proxy counsel for counsel for

appellant Sh. Jitender Sharma counsel for R-

2.

Sh. Ranjit Pandey counsel for SDMC.

Counsel for SDMC submits that he will file his

Vakalatnama by next date of hearing as earlier counsel has

left the panel.

Adjournment sought.


(RAJ KUMAR CHAUHAN)

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

04.04.2019

A.No. 386/16 04.04.2019

Present : Counsel for appellant.

File taken up today as an application is moved with

the prayer to issue directions to the respondent to calculate

the misuse charges and communicate the same to the

appellant in compliance of the order dated 25.09.2017.

Counsel for appellant has orally prayed for

preponement of the hearing.

Due to pendency of about 3000 cases, there is no

possibility of early hearing, hence, prayer is declined.

Let notice of the application be issued to the

respondent with the directions to calculate the misuse

charges in compliance of the order dated 25.09.2017 and

copy be supplied to the appellant within a period of one

month who may take necessary steps in that regard.

Put up on date already fixed i.e. 15.07.2019.

Copy of order be given dasti, as prayed.



A.No. 185/19 04.04.2019

Present : Sh. Sushil Kr. Tiwari, counsel for appellant


File taken up today as an application seeking early

hearing has been filed.

Notice of the application be issued to the respondent

for 23.04.2019.

Notice be issued Dasti.



A.No. 222/19 04.04.2019

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

Fresh appeal filed against sealing order which is not

placed on record on the ground that the copy of sealing

order has not been supplied despite moving an application

dated 29.03.2019 placed at page -39 of the paperbook

Subject to maintainability of the appeal, 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. AE(B) to remain

present on date fixed.

Put up this matter on 09.04.2019.

Notice be issued dasti.



A.No. 221/19 04.04.2019

Present : Ms. Namrata Sharma proxy counsel for

Sh.Ajay Goel, counsel for appellant.

Fresh appeal filed against sealing order dated

26.02.2019.

On perusal of the notice u/s 345A of the dated Act

dated 26.02.2019 it is found that the same has been issued

on the complaint of the Monitoring Committee for misuse of

the basement in the premises bearing No.U-1A & 2, Green

Park Main, New Delhi.

Question arises regarding maintainability of the

appeal before this Tribunal.

Adjournment sought as main counsel is not available.

Put up on 22.04.2019 for consideration.



A.No. 136/15, 173/16 & 163/17 04.04.2019

Present : Sh. K.B. Gupta, alongwith Sh. Kanchan

Choudhary counsel for appellant.

Sh. Nitin, proxy counsel for Sh. Ashutosh

Gupta, counsel for MCD alongwith Sh. R.K.

Sharma, AE(BHQ).

Arguments of the appellant concluded.

Put up for arguments by the respondent on

09.04.2019 at 2.00 pm.



A.No. 494/16 Statement of Sh. M. Naim, AE(B) Bldg.-II, South Zone, SDMC.

ON SA

As per record, the regularization file of the property in question is

not available. Appellant has only filed a simple application for

regularization without prescribed format. If the appellant applied for

regularization, copy of the application in format alongwith receipt of

processing fee may be supplied to the AE(B).

RO&AC



A.No. 171/18 Vide separate order of even date, announced...

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