A.No. 219/19. 30.07.2019 Present : None for the...
Transcript of A.No. 219/19. 30.07.2019 Present : None for the...
A.No. 219/19. 30.07.2019 Present : None for the appellant.
Sh. Nazir Ali, Ld. Proxy counsel for North DMC.
To come up for further proceedings on 06.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 251/19. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Manish Chokar.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with AE,
Sh. S.K. Singhal..
Vakalatnama on behalf of respondent filed.
Ld. counsel for appellant states that connected appeal is
listed on 02.09.2019.
At request, adjourned for arguments on the application for
stay on 02.09.2019 with the connected appeal.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 360/19 and 361/19. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with AE,
Sh. Ashish Sharma.
Vakalatnama on behalf of respondent filed.
Status report filed stating that the unauthorized construction
of shops at third floor and fourth floor with staircase was
booked and demolition order was passed. It is further
stated that the sealing order was also passed and pursuant
thereto one shop at third floor and one shop at fourth floor
have been sealed and further action is to be taken.
Ld. counsel for appellant submits that the connected appeal
is listed on 04.09.2019.
Accordingly, be listed for arguments on application for stay
and condonation of delay on 04.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 370/19. 30.07.2019 Present : Sh. Sanjay Kumar, Ld. counsel for appellant.
Sh. Ashok Kumar Gupta, Ld. counsel for North DMC.
Memo of appearance on behalf of respondent filed.
Status report filed stating that unauthorized construction in
the shape of variation/deviation from standard building plan
at ground floor had been booked in the property in question
and demolition order was passed. Pursuant to demolition
order, action was taken on 10.11.2018 and one panel of the
roof of ground floor was cut down. Further action could not
be taken due to non-availability of police force and would be
taken in due course. Copy of the status report supplied.
At request of Ld. counsel for appellant, adjourned for
arguments on the application for stay and condonation of
delay on 25.09.2019.
Record be deposited with the Registry.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 217/19. 30.07.2019 Present : Sh. Waris Ali, Ld. counsel for appellant.
Ld. counsel for appellant has placed on record the orders
pursuant to which the premises in question was sealed.
Notice of the appeal be issued to the respondent through
concerned Chief Law Officer. AE(B) is directed to appear
and file entire record of the proceedings, reply and status
report of the appeal on date fixed.
Be listed for further proceedings on 06.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
M.No. 11/19. 30.07.2019 Present : Sh. Vikas Aggarwal, Ld. counsel for appellant.
Sh. Amit Kumar, Ld. Proxy counsel for North DMC.
Vakalatnama on behalf of respondent filed.
Time is sought to file reply to the contempt application on
behalf of respondent.
To come up for reply and arguments on the contempt
application on 19.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 686/18. 30.07.2019 Present : None for the parties.
Be listed for further proceedings on 03.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 65/13. 30.07.2019 Present : Ms. N. Sehar, Ld. Proxy counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for MCD.
At request of Proxy counsel for appellant, be awaited till
12.00 pm.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 888/18. 30.07.2019 Present : Sh. Ayush Sai, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for North DMC with
CLI, Sh. Ram Kishan.
Status report filed, copy supplied.
Ld. counsel for respondent seeks more time to file further
status report regarding the purpose for which the property
in question can be used and if the property in question was
sealed pursuant to the directions of Hon’ble Supreme Court
passed in Writ Petition no. 4677/1985 in the case tiled M.C.
Mehta Vs. UOI.
Be listed for further proceedings on 30.08.2019.
A copy of the order be given Dasti to ld. counsel for
respondent, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 789/16. 30.07.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for EDMC.
At request of Ld. counsel for appellant, adjourned for final
arguments on 12.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 1169/15, 1170/15, 18/16, 1166/15. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. V. K. Aggarwal and Sh. Surinder Singh, Ld. counsels for
EDMC.
At request of Ld. counsel for appellant, be listed for final
arguments on 11.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 423/16. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh. Surinder Singh, Ld. counsel for SDMC.
Ld. counsel for appellant states that application for
regularization has been moved. Status report regarding the
same be filed by the respondent.
To come up further proceedings on 26.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 388/17. 30.07.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. Surinder Singh, Ld. counsel for SDMC.
Ld. counsel for appellant states that permission for
regularization has been granted.
Ld. counsel for respondent to file the status report regarding
the same.
To come up for further proceedings on 10.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 348/15. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for SDMC.
At request of Ld. counsel for appellant, adjourned for final
arguments to 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 838/15. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for SDMC.
An application u/s. 14 of Insolvency and Bankruptcy Code
filed.
In view of the submissions made in the application and
appointment of IRP (Interim Resolution Professional) by
NCLT, Mumbai, notice be issued to IRP for next date.
Be listed for further proceedings on 10.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
M.No. 84/16 and 85/16. 30.07.2019 Present : Sh. A.K. Gupta, Ld. counsel for appellant.
Ms. Nagina Jain, Ld. counsel for respondent.
Ld. counsel for appellant seeks more time to file Lal Dora
certificate, last opportunity granted.
Be listed for further proceedings on 03.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 1064/17. 30.07.2019 Present : Sh. S.L. Sharma, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC.
Be listed for recording of statement of AE(B) concerned and
also for filing of status report whether the property in
question is one of the industrial units in which affidavit has
been submitted in the Hon’ble Supreme Court in Writ
Petition no. 4677/1985 in the case tiled M.C. Mehta Vs.
UOI.
Be listed for further proceedings on 27.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 971/17. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Abhishek Kumar.
None for respondent.
Notice be issued to EE(B) concerned to appear with the
status report on the next date.
Be listed for further proceedings on 06.12.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 339/18 30.07.2019 Present : Sh. Piyush Pahuja, Ld. counsel for appellant.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Vakalatnama on behalf of appellant filed.
An application has been moved for withdrawal of the appeal
stating that appellant has applied for regularization of the
property in question as such appellant does not want to
pursue the appeal. Statement of Ld. counsel for appellant
has been recorded in this regard separately.
The appeal accordingly stands dismissed as withdrawn in
view of the statement of the Ld. counsel for appellant.
Resultantly the impugned order dated 10.05.2018 stands
confirmed. AE(B) concerned is directed to submit the action
taken report before Dy. Commissioner concerned. .
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 340/18. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Piyush Pahuja.
Sh. Umesh Gupta, Ld. counsel for North DMC.
Vakalatnama on behalf of appellant filed.
An application has been moved for withdrawal of the appeal
stating that appellant has applied for regularization of the
property in question as such appellant does not want to
pursue the appeal. Statement of SPA of appellant has been
recorded in this regard separately.
The appeal accordingly stands dismissed as withdrawn in
view of the statement of the Ld. counsel for appellant.
Resultantly the impugned order dated 10.05.2018 stands
confirmed. AE(B) concerned is directed to submit the action
taken report before Dy. Commissioner concerned. .
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 341/18 30.07.2019 Present : Appellant with Ld. counsel, Sh. Piyush Pahuja.
Sh. V.K. Aggarwal, Ld. counsel for North DMC.
Vakalatnama on behalf of appellant filed.
An application has been moved for withdrawal of the appeal
stating that appellant has applied for regularization of the
property in question as such appellant does not want to
pursue the appeal. Statement of appellant has been
recorded in this regard separately.
The appeal accordingly stands dismissed as withdrawn in
view of the statement of the Ld. counsel for appellant.
Resultantly the impugned order dated 10.05.2018 stands
confirmed. AE(B) concerned is directed to submit the action
taken report before Dy. Commissioner concerned. .
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 481/18. 30.07.2019 Present : Sh. O.P. Verma, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with Sh.
Ashish Sharma, AE(B).
Status report filed stating that unauthorized construction in
the shape of part ground floor and first floor had been
booked and demolition order was passed dated 06.04.2018.
Thereafter sealing order was passed on 25.06.2018 and
property was sealed at main entrance staircase at ground
floor and three shutters at ground floor. It is further stated
that property had been desealed for the purpose of
demolition to be done by the appellant and after
demolishing the upper floors appellant applied for
regularization of ground floor vide file No. F-
27/Reg./EE(B)/CSPZ dated 26.10.2018. It is further stated
that the owner had deposited the requisite charges to the
tune of Rs.2,50,700/- towards regularization/compounding
charges and Rs.1,77,605/- towards one time conversion
charges and penalty.
The present appeal has been filed against the dismissal of
regularization application.
Ld. counsel for appellant submits appellant had initially
applied for the regularization of the entire construction in
property in question comprising ground, first and second
floors, and third floor, however it was rejected. Thereafter he
applied for regularization of the ground floor. It is further
submitted that the appellant does not want to pursue this
appeal as same has become infructuous pursuant to
demolition of upper floors and regularization of ground floor.
Statement of Ld. counsel for appellant recorded. The appeal
accordingly stands dismissed as withdrawn as it has
become infructuous in view of the statement of the
appellant.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 241/18. 30.07.2019 Present : Sh. O.P. Verma, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with Sh.
Ashish Sharma, AE(B).
Status report filed in the connected appeal no. 481/18
stating that unauthorized construction in the shape of part
ground floor and first floor had been booked and demolition
order was passed dated 06.04.2018. Thereafter sealing
order was passed on 25.06.2018 and property was sealed
at main entrance staircase at ground floor and three
shutters at ground floor. It is further stated that property had
been desealed for the purpose of demolition to be done by
the appellant and after demolishing of the upper floors
appellant applied for regularization of ground floor vide file
No. F-27/Reg./EE(B)/CSPZ dated 26.10.2018. It is further
stated that the owner had deposited the requisite charges to
the tune of Rs.2,50,700/- towards regularization /
compounding charges and Rs.1,77,605/- towards one time
conversion charges and penalty.
The present appeal has been filed against the order of
demolition.
Ld. counsel for appellant submits appellant had initially
applied for the regularization of the entire construction in
property in question comprising ground, first and second
floors and third floor, however it was rejected. Thereafter he
applied for regularization of the ground floor. It is further
submitted that the appellant does not want to pursue this
appeal as same has become infructuous pursuant to
demolition of upper floors and regularization of ground floor.
Statement of Ld. counsel for appellant recorded. The appeal
accordingly stands dismissed as withdrawn as it has
become infructuous in view of the statement of the
appellant.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 480/18. 30.07.2019 Present : Sh. O.P. Verma, Ld. counsel for appellant.
Sh. Dharamvir Gupta, Ld. counsel for North DMC with Sh.
Ashish Sharma, AE(B).
Statement of Sh. Ashish Sharma, AE(B) recorded.
Be listed for arguments on 21.08.2019.
Record be deposited with Registry.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 687/18. 30.07.2019 Present : Appellant with Ld. counsel, Sh. R.S. Mandal.
Sh. Mohit Sharma, Ld. counsel for EDMC.
Vakalatnama on behalf of appellant filed.
Ld. counsel for appellant submits that the appellant does not
wish to pursue the appeal and wants to withdraw the same.
Statement of appellant has been recorded in this regard
separately.
The appeal accordingly stands dismissed as withdrawn in
view of the statement of the appellant. Resultantly the
impugned order dated 03.08.2018 stands confirmed. AE(B)
concerned is directed to submit the action taken report
before Dy. Commissioner concerned.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. File be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 392/17. 30.07.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.
Sh. Surinder Singh, Ld. counsel for SDMC.
Ld. counsel for respondent states that the mobile tower
installed at the roof top of property bearing no. M-43, M
Block Market, Greater Kailash-I, New Delhi-110048 has
been desealed in view of the permission/regularization
granted in the year 2005 as such the present appeal has
become infructuous and he wish to withdraw the same.
It is therefore submitted that impugned sealing order be set
aside as regularization has been granted and the appeal
may be disposed off.
The appellant is directed to follow and abide by all the terms
and conditions of the permission / regularization 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 abovesaid facts and circumstances as the
impugned order has become infructuous, the appeal stands
disposed off and the impugned order of sealing is set aside.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. Files be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 422/16. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.
Sh.Surinder Singh,Ld. counsel for SDMC.
Status report filed stating that permission has been
accorded for erection of cell tower antenna pole installed in
the property in question no. 22/56-A, Hans Park, West
Sagarpur, New Delhi vide permission letter
no.EE(B)/NGZ/D-4/226 dated 09.01.2019.
Ld. counsel for appellant submitted that sealing order be set
aside as regularization has been granted. It is also stated
appeal has become infructuous, same may be disposed off
accordingly.
The appellant is directed to follow and abide by all the terms
and conditions of the permission 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 abovesaid facts and circumstances as the
impugned order has become infructuous, the appeal is
disposed off and the impugned order of sealing dated
18.11.2015 is set aside. Respondent is directed to deseal
the tower in question within two weeks.
The file of the department, if any, be returned to the
respondent alongwith copy of this order. Files be consigned
to record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 101/19, 102/19 and 104/19. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Abhar Jain, Ld. counsel for respondent.
Be listed for final arguments alongwith connected appeals
on 13.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 99/19, 100/19, 103/19, 933/18, 934/18, 935/18, 936/18, 937/18, 938/18. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.
Sh. Abhar Jain, Ld. counsel for respondent.
Ld. counsel for appellant submits that respondent in the
status report dated 05.04.2019 stated that respondent has
taken necessary punitive actions against the unauthorized
constructions in the property in question. It is alleged that as
regards service of show cause notices it was stated it was
pasted at site but no proof of service by pasting is available
on record. It is also stated that as per record sealing show
cause notice was also not served upon the appellant.
Ld. counsel for appellant states that in view of the above
submissions made in the status report, interim protection
may be granted to the appellant or else the appeal would
become infructuous as the mandatory provisions of section
343 and 345 of DMC Act have not been complied with. The
show cause notices were not served upon the appellant. It
is further stated that the demolition order is bad as no show
cause notice was served. It is also stated that the property
in question is Delhi Laws (Special Provisions) Act, 2006.
Heard, in view of the submissions made in my view
appellant has made out a case for interim stay. In the said
facts and circumstances there will be interim stay of
demolition respondent is restrained from taking any coercive
action in the property in question bearing shop F-221,
Khasra No. 225, Lado Sarai, new Delhi in terms of the
impugned order dated 24.10.2017 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 be deemed to be vacated.
Copy of affidavit will be provided to concerned AE(B) by the
appellant, who shall verify whether details of construction
mentioned in the affidavit are 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 13.09.2019.
A copy of this order be given Dasti to Ld. counsel for
parties, as prayed for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 112/19, 122/19 & 124/19 30.07.2019 Present : Appellant with Ld. Counsel Sh. Sher Afghan.
Sh. Dharamvir Gupta, Ld. Counsel for respondent.
Reply filed by the respondent, copy be supplied.
Documents filed by the appellant, copies be supplied to the
respondent.
Be listed for arguments on the application for stay
06.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 788/16 30.07.2019 Present : Sh. Shantanu Singh, Ld. Counsel for appellant.
File taken up on applications moved for substitution and
stay.
Notice be issued to the respondent for date fixed i.e.
09.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 436/19 30.07.2019 Present : Sh. S.B. Pandey, Ld. Counsel for appellant.
Fresh appeal u/s 343 (2) of the DMC Act against the order
of demolition dated 14.07.2018 filed alongwith application
for stay and condonation of delay. Be checked and
registered.
Let notice of the appeal and applications 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.
Be listed for arguments on the application for stay and
condonation of delay on 02.08.2019.
Process be given dasti as prayed.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
M.No. 65/13 30.07.2019 Present : Sh. S.D. Ansari, Ld. Counsel for the appellant.
Sh. V.K. Aggarwal, Ld. Counsel for respondent.
Ld. Counsel for appellant had submits that application
moved for has become infructuous and he does not want to
proceed with the same.
Ld. Counsel for respondent states that property is lying
sealed in terms of the order dated 23.10.2013. Status
report in this regard has been filed.
Further action taken report, if any be submitted before the
Dy. Commissioner concerned who will ensure compliance of
the impugned sealing order.
Record of the respondent, if any, alongwith one copy of the
order be returned to the respondent. File be consigned to
record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
M.in A.No. 403/18 30.07.2019 Present : None for the appellant.
Sh. V.K. Aggarwal Ld. Proxy counsel for respondent.
Ld. Proxy counsel for respondent seeks adjournment to file
action taken report, the same be filed before the Dy.
Commissioner concerned, who will ensure compliance of
the impugned order.
Record of the respondent, if any, alongwith one copy of the
order be returned to the respondent. File be consigned to
record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
M.in A.No. 328/18 30.07.2019 Present : None for the appellant.
Sh. V.K. Aggarwal Ld. Proxy counsel for respondent.
Ld. Proxy counsel for respondent seeks adjournment to file
action taken report, the same be filed before the Dy.
Commissioner concerned, who will ensure compliance of
the impugned order.
Record of the respondent, if any, alongwith one copy of the
order be returned to the respondent. File be consigned to
record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 302/19 30.07.2019 Present : Sh. A.K. Sharma, Ld. Counsel for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for North DMC with Sh.
Rajiv Garg, ALO.
Record of appeal No.222/18 received.
This is an appeal against the order of sealing dated
19.11.2017. The impugned order has been assailed on the
ground that the same is illegal. The averments made are d
that appellant is owner and in possession property No.D-1,
Rana Partap Bagh, ground floor, Civil Lines Zone Delhi by
virtue of Gift Deed. It is further stated that appellant had
previously rented out a shop in the year 1962 in the suit
premises. The tenant was running a factory of iron grill and
doors by virtue of factory license issued by the respondent,
the factory license of the tenant was renewed till 31.3.2018
by the respondent. It is further stated that on 09.11.2017
respondent passed impugned sealing order and thereafter
sealed the shop in question.
It is further submitted that the appellant had filed eviction
petition against his tenant. Ld. ARC had passed an eviction
order against the tenant directing him to vacate the shop in
question measuring 30’ X 9’ in property No.D-1, Rana
Pratap Bagh, Delhi-7.
It is further alleged that the tenant filed revision petition
against the said eviction order. In the said revision petition,
before the Hon’ble High Court the tenant stated that he is
ready to hand over the symbolic possession of the property
in question to the landlord/ appellant. The parties were
directed to approach the concerned authority for desealing
of the property in question. It is further submitted that
appellant has received the symbolic possession of the
premises in question and at present no factory is being run
from the premises in question and the appellant undertakes
that no commercial activities will be carried out in future. It
is further submitted that the impugned order of sealing may
be set aside.
Status report has been filed by North DMC stating that
property in question was sealed pursuant to the directions of
the Hon’ble Supreme Court dated 07.05.2004 passed in
Writ Petition M.C. Mehta Vs Union of India (2004) 6 SCC
588. It is further submitted that as per record provided by
DSIIDC alternative industrial plot has been allotted against
the property in question and during survey / inspection an
industrial unit was found running in the premises in violation
of the directions of Hon’ble Supreme Court and as such it
was sealed on 16.11.2017. It is also stated that property in
question is one of the properties / industrial units out of
21960 with regard to which Hon’ble Supreme Court had
directed that none of the 21960 industrial units should be
allowed to be re-opened without the permission of the
Hon’ble Apex Court. It is submitted that present appeal is
not maintainable.
Alongwith status report a photocopy of the order dated
28.03.2019 passed in appeal No.222/18 has been filed
whereby an appeal filed in respect of the property in
question assailing the impugned order dated 09.11.2017
was dismissed being not maintainable. The said order has
not been challenged.
Appeal No.222/18 was filed by Ram Avtar against North
DMC assailing impugned order of sealing dated 09.11.2017
in respect of the property in question. Thus in my view a
second appeal assailing the same order does not lie.
In view of the status report, I am of the view that appeal is
not maintainable in view of the directions of Hon’ble
Supreme Court passed in the above judgment, the same is
accordingly dismissed.
Record of the respondent, if any, alongwith one copy of the
order be returned to the respondent. File be consigned to
record room.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD
A.No. 903/14. 30.07.2019 Present : Ms. N. Sehar, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
Ld. counsel for appellant seeks adjournment as main
counsel is not available.
Be listed for final arguments on 26.11.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 904/14. 30.07.2019 Present : Ms. N. Sehar, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
Ld. counsel for appellant seeks adjournment as main
counsel is not available.
Be listed for final arguments on 26.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 948/14. 30.07.2019 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
None has appeared for the appellant.
Be listed for further proceedings on 26.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 911/14. 30.07.2019 Present : None for appellant.
Sh. V.K. Aggarwal, Ld. Counsel for MCD.
None has appeared for the appellant.
Be listed for further proceedings on 26.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 629/10 30.07.2019 Present : Shri G.R. Verma, Ld. counsel for appellant .
Sh. Shashikant Sharma, Ld. counsel for respondent.
Status report filed, copy supplied.
Time is sought to peruse the report and file objection, if any,
to the status report .
Be listed for final arguments on 14.11.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No.65/13.
30.07.2019
Present Shri S.D. Ansari, Ld. counsel for appellant
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Status report filed, copy supplied.
Ld. counsel for appellant submits that he had given
statement to withdraw the application dated
29.09.2018 as the appeal has become infructuous.
Be listed for awaiting orders of Hon’ble High Court on
02.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 39/17. 30.07.2019 Present : Shri Amar Deep, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Ld. counsel for respondent states that the appellant has not
yet supplied the documents as to whether the property in
question falls in extended Lal Dora/ abadi, Time is sought
to supply the same,the same be supplied within four weeks.
The status report be filed by the respondent subject to
supplying the documents.
Be listed for final arguments on 05.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 970/17. 30.07.2019 Present : appellant with Ms. Meenakshi Aggarwal Ld. counsel for
appellant .
Sh. Shashikant Sharma, Ld. proxy counsel for respondent.
Ld. counsel for appellant seeks time to file documents.
At request, adjourned for final arguments on 11.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 615/16. 30.07.2019 Present : Shri R.K. Solanki,Ld. counsel for respondent .
Sh. Dharamvir Gupta,/Sh. Shashikant Sharma, Ld. counsel
for respondent.
At request of Ld. counsel for appellant, be listed for final
arguments with the connected appeal on 11.11.2019.
Interim order to continue till next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 636/16,721/16 and 334/17. 30.07.2019 Present : Shri R.K. Solanki,Ld. counsel for respondent .
Sh. Dharamvir Gupta,/Sh. Shashikant Sharma, Ld. counsel
for respondent.
Be listed for final arguments with the connected appeal on
11.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 359/18. 30.07.2019 Present : Ms.Seema Issar, Ld. counsel for appellant .
Ms. Nagina Jain, Ld. counsel for respondent.
Shri Tarun Ariram counsel for applicant.
Fresh Vakalatnama filed on behalf of the appellant.
Ld. counsel for appellant states that another copy of the
application under order 1 Rule 10 may be directed to be
supplied to her as the previous counsel has expired.
Ld counsel for appellant seeks adjournment as she has
been engaged recently.
Be listed for arguments on the application under order 1
Rule 10 CPC on 31.10.2019. Interim order to continue till
next date.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 751/18. 30.07.2019 Present : Shri Vijay Kumar, Ld. counsel for appellant .
Ms.Nagina Jain, Ld. counsel for respondent.
In view of the submissions made in the status report, the
appellant had applied for temporary desealing before the
Monitoring Committee and Monitoring Committee had
allowed temporary desealing. It is stated in view of the order
of Hon’ble Apex Court dated 15.12.2017, appeal lies with
Monitoring Committee as Monitoring Committee has called
for further report in the matter.
Notice be issued to Monitoring Committee for date fixed.
Be listed for arguments on the maintainability of the appeal
and to file status report on 21.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 130/16. 30.07.2019 Present : Appellant in person.
Shri Abdul Haq, Nodal Officer, North DMC.
Adjournment sought by appellant to engage another
counsel as his Counsel has expired.
At request, adjourned for final arguments on 05.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 564/18 and 396/18. 30.07.2019 Present : Shri B.P.Sain, Ld. counsel for appellant.
Sh. Shashikant Sharma, Ld. counsel for respondent.
Ld. counsel for respondent submits the appellant be
directed to produce the original title documents of the
property in question. Appellant is directed to bring the title
documents on the next date of hearing.
AE(B) concerned to be present on the next date of hearing
with status report .
Status report be also filed by SDMC whether the property in
question is a part of 21960 industrial units in which
Ld.Commissioner has filed an affidavit before the Hon;ble
Supreme Court in Writ Petition (C) No. 4677/1985 titled
M.C. Mehta Vs UOI .
Be listed for arguments on 11.09.2019.
A copy of this order be given Dasti to respondent, as prayed
for.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 777/17 30.07.2019 Present : None for appellant.
Sh. Dharamvir Gupta, Ld. counsel for
Status report filed stating that investigation is still at final
stage and final investigation report will be submitted after
approval from the competent authority/Commissioner,
EDMC.
Be listed for further proceedings on 06.12.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 647/14. 30.07.2019 Present : Ms. Indu Gautam, Ld. counsel for appellant
Shri S.Adil Hussain, Ld. counsel for respondent .
Notification conferring powers has not been received.
Be listed for final arguments on 14.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 205 SCM 13. 30.07.2019 Present : Shri Shankar Kant, Ld. proxy counsel for appellant .
Shri Nilesh Sahani, Ld. counsel for respondent .
Shri Raghav Trehen, Ld. counsel for Monitoring Committee.
Notification conferring powers has not been received..
Be listed for arguments/further proceedings on 30.09.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 176/19 and 177/19. 30.07.2019 Present : Shri Dalip Rustogi,Ld. counsel for appellant .
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Vakalatnama filed on behalf of the respondent.
At joint request of Ld. counsel for parties, adjourned for
filing brief synopsis and final arguments on 25.10.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 933/17. 30.07.2019 Present : Shri Dalip Rustogi,Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld .proxy counsel for MCD.
At request of Ld. counsel for appellant, adjourned for filing
brief synopsis and final arguments on 28.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 17/19 and 197/18. 30.07.2019 Present : Shri V.S. Mishra, Ld. counsel for appellant
Ms. Nagina Jain, Ld. counsel for respondent .
Ld. counsel for appellant states that misuse charges have
been deposited and has prayed for desealing of the
property in question.
LI concerned to be present on the next date of hearing with
status report whether the property in question is a part of
21960 industrial units in which Ld.Commissioner has filed
an affidavit before the Hon;ble Supreme Court in Writ
Petition (C) No. 4677/1985 titled M.C. Mehta Vs UOI .
Be listed for filing of status report on 16.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 268/19 30.07.2019 Present : Shri Kuldeep Gola, Ld. counsel for appellant .
Sh. V.K. Aggarwal, Ld. counsel for MCD.
Shri Harjit Singh, JE(B)
Ld. counsel for respondent seeks more time to file status
report regarding regularization application.
To come up on 08.11.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 176/12,111/12,112/12,177/12 and ,536/11, 30.07.2019 Present:- Shri Dalip Rustogi,Ld. counsel for appellant .
Ms. Nagina Jain, Ld. counsel for SDMC.
Status report filed, copy supplied.
Final arguments heard.
Be listed for orders on 08.08.2019.
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 449/18 and 385/18 30.07.2019 Present : Shri O.P. Verma, Ld. counsel for appellant .
Sh. Dharamvir Gupta, Ld. counsel for MCD.
Arguments have been partly heard.
At this stage, Ld. counsel for respondent seeks time to file
the record of the house tax department of the property in
question.
Be listed for further arguments on date fixed19.08.2019 as
no earlier date is possible due to heavy board. The
application for earlier hearing is disposed off. Respondent to
also file report of the regularization.
Copy of the order be given dasti to Ld. counsel for
respondent .
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 480/18 30.07.2019 Statement of Shri Ashish Sharma, Assistant Engineer/Building, City SP
Zone, North DMC.
SA
Since the unauthorized construction above the ground floor has
been demolished by appellant himself and no construction exist on the
upper floors, the ground floor of the property has been regularized on
03.06.2019. The appellant has deposited the requisite
regularization/compounding charges as well as misuse charges including
penalty for the construction at ground floor and its use. The property
abuts on notified road and can be used for commercial purposes at
ground floor as the conversion charges have been paid.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 481/18 30.07.2019
Statement of Shri O.P. Verma, Advocate for appellant, Chamber
No.414-15, Civil Wing, Tis Hazari, Court, Delhi. Enrolment No. D-278/74.
On instruction from the appellant, it is stated that the ground floor
of the property in dispute has been regularized and all constructions over
and above the ground floor have been demolished by the appellants, the
present appeal has become infructuous and the same may be dismissed
as withdrawn.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 241/18 30.07.2019
Statement of Shri O.P. Verma, Advocate for appellant, Chamber
No.414-15, Civil Wing, Tis Hazari, Court, Delhi. Enrolment No. D-278/74.
On instruction from the appellant, it is stated that the ground floor
of the property in dispute has been regularized and all constructions over
and above the ground floor have been demolished by the appellants, the
present appeal has become infructuous and the same may be dismissed
as withdrawn.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 392/17. 30.07.2019
Statement of Shri A.K.Singh, Advocate for appellant, Chamber No.
836, Lawyers Chamber, Saket Distt. Court. Delhi. Enrolment No. D-263 A
/98R.
On instruction from the appellant, it is stated that the mobile tower
in question has been desealed by the MCD in view of the
permission/regularization granted in the year 2005. I have instructions to
withdraw the appeal.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No. 339/18.. 30.07.2019 Statement of Shri Piyush Pahuja, Enrolment No. D-3651/14 having
Chamber No. B-39/40, BGS Block, Tis Hazari Court, Delhi.
At Bar
I am the counsel for appellant in the present appeal. As the appellant
has applied for regularization of the property in question, she does not
want to pursue the present appeal. Upon instruction from appellant, I wish
to withdraw the present appeal unconditionally, permission may be
granted for withdrawal of the same.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No.340/18.. 30.07.2019 Statement of Shri Gopal Dass, (Special Power of Attorney Holder of
appellant) R/o WZ 2290, Upper Ground floor, Raja Park, Shakur Basti,
North West Delhi.
SA
I am the attorney of the appellant, Special Power of Attorney filed. As
the appellant has applied for regularization of the property in question, he
does not want to pursue the present appeal. Upon instruction from
appellant, I wish to withdraw the present appeal unconditionally,
permission may be granted for withdrawal of the same.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No.341/18.. 30.07.2019 Statement of Shri Rahul Kumar, S/ o Shri Kuldeep Singh , R/o WZ 2290,
Second floor, Raja Park, Shakur Basti, North West Delhi.
SA
I am the appellant in the present appeal. As I have applied for
regularization of the property in question, I do not want to pursue the
present appeal. I wish to withdraw the present appeal unconditionally,
permission may be granted for withdrawal of the same.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019
A.No.687/18. 30.07.2019 Statement of Shri Arun Kumar Panchal, S/o Sh. Surender Kumar
Panchal, R/o H.No.B-313, Street No.3, B- Block, Near Railway Phatak,
Meet Nagar, Delhi-110094.
SA
I am the appellant in the present appeal. I do not want to pursue the
present appeal and wish to withdraw the present appeal unconditionally,
permission may be granted for withdrawal of the same.
RO & AC
(POONAM CHAUDHARY) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 30.07.2019