A.No. 265/20.

A.No. 265/20. 20.11.2020

Matter taken up in view of the guidelines issued by Hon’ble High Court vide order no. 26/DHC/2020 dated 30.07.2020 and order No. 322/RG/DHC/2020 dated 15.08.2020.

Present : Sh. Nawal Kishore, Ld. Counsel for appellant.

As per report of Ahlmad, file is not traceable.

File be traced and put up on 01.12.2020.

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

Appellate Tribunal:MCD 20.11.2020

A.No.215/20, 216/20 and 217/20. 20.11.2020


Present : Sh. Anuj Garg, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Sh. Gian Chand and Sh. Ajay Gaur,

Ld.counsels for North DMC alongwith Sh.Sushil, Karol Bagh

Zone.

Status report filed, copy supplied.

Time is sought to file the record.

To come up for arguments on 04.12.2020.



A.No. 333/20. 20.11.2020


Present : Sh. M.N. Khan, Ld. Proxy counsel for appellant.

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

of sealing dated 09.11.2020 alongwith application for stay and

condonation of delay. Be checked and registered.

Notice of the appeal and applications be issued to the

respondent through concerned Chief Law Officer. AE(B) is

directed to be present with the record of the proceedings,

status report and reply on date fixed.

Be listed for arguments on the application for stay and

condonation of delay on 23.11.2020.

Notice be given dasti, as prayed for.



A.No.177/20 and 197/20. 20.11.2020


Present : Sh. Ayush Aggarwal, Ld. Counsel for appellant.

Sh.Mikhil Sharda, Ld. Counsel for SDMC.

(Through Video Conferencing).

Reply filed on behalf of respondent, copy be supplied.

Revised / current plan of the property filed on behalf of

appellant, copy be supplied.

Be listed for arguments on the interim application on

25.01.2021.



A.No.314/20. 20.11.2020


Present : Sh. G.R. Verma, Ld. Counsel for appellant.

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

of demolition dated 07.09.2018 alongwith application for stay

and condonation of delay. Be checked and registered.










A.No.315/20. 20.11.2020




of sealing dated 12.10.2018 alongwith application for


Notice of the appeal and application be issued to the




Be listed for arguments on the application for condonation of

delay on 02.12.2020.




A.No.316/20. 20.11.2020



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

of demolition dated 07.09.2018 alongwith application for stay

and condonation of delay. Be checked and registered.










A.No.317/20. 20.11.2020




of sealing dated 12.10.2018 alongwith application for


Notice of the appeal and application be issued to the




Be listed for arguments on the application for condonation of

delay on 02.12.2020.




A.No. 202/20. 20.11.2020


Present : Sh. P.P. Mann, Ld. Counsel for appellant.

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

Ld. Counsel for appellant states that he has moved an

application for regularization on 19.11.2020.

Ld. Counsel for respondent seeks more time to file status

report qua the regularization application.

To come up for reply and arguments on the interim application

on 08.12.2020.

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



A.No. 247/17. 20.11.2020



Sh. Dharamvir Gupta, Ld. Counsel for SDMC.

None for applicant.

Ld. Counsel for respondent seeks time to file written

submissions.

Be listed for final arguments on 29.01.2021.

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

.



A.No. 137/20. 20.11.2020


Present : Sh. Rahul Singh, Ld. Counsel for appellant.

Sh. Pritish Sabharwal, Ld. Counsel or SDMC.

Status report filed, copy supplied.

This is an appeal against the letter of respondent / MCD dated

23.08.2019, to the Sub Registrar, Mehrauli, Govt. of NCT of

Delhi, New Delhi not to register the property in question under

the Indian Registration Act, 1908 in view of unauthorized

construction in the shape of a shop at ground floor and first

floor. The demolition order has not been challenged.

An application has been moved on behalf of appellant for

preponement. Ld. Counsel for respondent states that he has

not received the copy of the same, same be supplied.

Be listed for reply and arguments on the application and

arguments on the maintainability on 12.01.2021.



A.No. 218/20. 20.11.2020


Present : Sh.Vidit Gupta, Ld. Counsel for appellant.

Sh. Krishan Keshav, Nodal Officer for SDMC.

Nodal Officer seeks adjournment as main counsel is not

available and seeks more time to file status report and record.

At request, be listed for arguments on 12.01.2021.

AE(B) concerned to be present on the next date.



A.No. 174/20 and 175/20. 20.11.2020


Present : Sh.Vidit Gupta, Ld. Counsel for appellant.


Nodal Officer seeks more time to file status report and record.

Be listed for final arguments with the connected appeal on

12.01.2021.

AE(B) concerned to be present on the next date.

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



A.No. 277/20. 20.11.2020


Present : Sh. Satpal Sharma, Ld. Counsel for appellant.

Steps not taken for service of respondent.

Last order be complied for 08.12.2020.



A.No. 288/19. 20.11.2020


Present : Appellant with Ld. Counsel, Sh. Sumit Gaba.


Nodal Officer states that he has not received the copy of

application moved by the appellant u/s. 151 CPC, the same be

supplied.

Be listed for reply and arguments on the application on

15.12.2020.



A.No. 815/17. 20.11.2020


Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

An application moved on behalf of appellant u/s. 17 of DMC

Rules, copies supplied.

Be listed for reply and arguments on the application on

07.12.2020.



A.No. 1008/16. 20.11.2020


Present : Sh. H.S. Kohli, Ld. Counsel for appellant.

Sh. Pritish Sabharwal, Ld. Counsel for SDMC.

Ld. Counsel for respondent seeks more time to file reply.

The concerned Dy. Commissioner to be present on the next

date, in case the reply is not filed on the next date of hearing.

To come up for arguments on 02.12.2020.



A.No. 275/20. 20.11.2020


Present : Appellant with Ld. Counsel, Sh. Yashpal Bharti.

None for respondent.

File taken up on application moved on behalf of appellant.

Notice of the application be issued to respondent for

01.12.2020.




A.No. 264/20. 20.11.2020


Present : Sh. Udaibir Singh Kochar, Ld. Counsel for appellant.

Sh. Anubhav Gupta, Ld. Counsel for SDMC.

At request of Ld. Counsel for respondent, to come up for filing

of status report / reply, record and arguments on 28.01.2021.



A.No. 577/19. 20.11.2020


Present : Ms. Priti, Ld. Proxy counsel for appellant.

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

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

copy of application moved by appellant for desealing of the

property, the same be supplied.

Be now listed for reply and arguments on the application on

08.12.2020.



A.No. 345/16. 20.11.2020


Present : Sh. Amit Shukla and Ms. Neha Shukla, Ld. Counsels for

appellant with Sh. Naveen Khurana, AR.

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

An application has been moved on behalf of appellant for

withdrawal of the appeal stating that the appellant company

has already dismantled the tower from the terrace of the

property in question bearing no.TR-1, Building No. 272,

Captain Gaur Marg, Fruit & Vegetable Market, Okhla, New

Delhi. In view thereof the appellant wishes to withdraw the

appeal.

Status report filed stating that the site was inspected to

ascertain the factual position about the subject cell tower and

at the time of inspection, no cell tower has been found installed

at the property.

Heard, in view of the status report filed by respondent, the

appeal stands dismissed as withdrawn as it has become

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

the respondent with a copy of this order.

File be consigned to record room.



A.No.269/20 20.11.2020


Present : Sh. Alok Kumar Rai and Sh. V.K. Jha, Ld. counsels for

appellant.

Sh. Pritish Sabharwal, Ld. counsel for respondent.

1. Documents filed on behalf of appellant, copy be

supplied.

A true copy of status report filed, copy supplied, time is sought

to file the original repot.

2. This is an appeal u/s 343 (2) of the Delhi Municipal

Corporation Act, 1957 (hereinafter referred to as the Act)

against the order of demolition dated 26.10.2018.

3. Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

4. The submissions made are that appellant is the owner of

plot no.14-B, New No.384 Block E poart of Khasra No.30/16-

17, Bharat Vihar Kakrola New Delhi ad-measuring 50 sq.yds.

The appellant purchased the above said built up property vide

notarized General Power of Attorney Agreement to sell, Will

affidavit etc. dated 24.07.2015. It is further alleged that one

Harphool was the original owner of the property who had sold

the property vide General Power of Attorney dated 19.08.1991

in favour of Madhu Gosswami and Madhu Goswami sold the

property to Suryakant Mishra and his brother vide the General

Power of Attorney, agreement to sell etc. dated 31.01.1994.

Thereafter, Suryakant Mishra and his brother sold the same to

Praveen Kumar through registered General Power of Attorney

dated 25.05.2015. Praveen Kumar sold the same to Raj

Poddar in the year 2007. Raj Poddar sold the same to the

appellant.

5. It is further alleged that the property in question is

situated in the colony which was developed in the year 1991 or

earlier.

6. It is also alleged that the respondents served a notice

u/s 349 DMC Act on 28.06.2019 without giving any opportunity

of hearing and affixed notice u/s 349 of DMC Act dated

28.06.2019. It is further stated that the copy of demolition order

was not supplied and on 10.10.2019 the respondent affixed the

sealing order dated 07.10.2019. It is also alleged that the

appellant filed an appeal No.605/19 against the sealing order

dated 07.10.2019 before this Tribunal but failed to file an

appeal against the impugned demolition order dated

26.10.2018 as the impugned demolition order was not supplied

/ served on the appellant. The appellant came to know about

the impugned demolition order dated 26.10.2018 when the

respondent filed status report in appeal No.605/2019 on

25.11.2019 before this Tribunal.

7. It is also stated that the property in question is sealed

and entire valuable articles, house hold articles documents of

appellant are lying in the property.

8. It is alleged that the impugned order is illegal, bad in law

as it was passed without complying with the mandatory

provisions in as much as, no show cause notice was served

upon the appellant and the appellant was also not given an

opportunity of hearing.

9. Application has been opposed by the Ld. counsel for

respondent.

10. Status report filed by the respondent stating that as per

record available in Building Deptt., Najafgarh Zone

unauthorized construction in the shape of ground floor, first

floor, second floor, third floor and fourth floor was raised at suit

property bearing No.E-384, Bharat Vihar, Kakrola, New Delhi

stands booked under section 344 (1) and 343 of the DMC Act,

vide U.C.file No.960/B/UC/NG/18 dated 12.10.2018 and

accordingly the show cause notice was issued to owner/builder.

The demolition order was passed on 26.10.2018.

11. That on 10.10.2019 one point of main gate (front side) at

ground floor was sealed by the Deptt. vide sealing file

No.EE(B).NGZ/19/UC/SHOW CAUSE NOTICE/D-268 dated

05.09.2019. However, side / small gate of main gate and

remaining portion of the said premises could not be sealed as

the same was occupied.

12. That furthermore on 25.11.2019 sealing at impugned

property was done at 4 points (mumty gate, SF,FF and main

gate) in the presence of police force. Remaining portion had

already been sealed on 21.11.2019 and thus entire property

has been sealed. It is further stated that the seal (s) which

were already affixed by the SDMC at impugned property, have

been found intact during the recent inspection of the suit

property carried out on 09.09.2020.

13. I have heard the Ld. Counsel for parties and perused

the record.

14. The record shows that show cause notice under section

344 r/w Section 343 of the Act was issued in the name of

Rajbir and pasted at the site. The photographs of the same

are not on record. Similarly, the impugned order under Section

343 of the Act was issued in the name of Rajbir and pasted at

the site, photographs of pasting are not on record. Further

considering that Section 343 of the DMC Act provides the

procedure for taking action of demolition in the case of

unauthorized construction. The law requires that service of

show cause notice on the person concerned is mandatory

before passing the order of demolition.

15. In the above facts and circumstances, in view of the

submissions made that the statutory provisions of the Act were

not complied with, in my view appellant has made out a case

for ad-interim stay, the respondent is restrained from taking

action of demolition in the property in question i.e. bearing plot

No.14-B, New No.384 Block-E, Part of Khasra No.30/16-17,

Bharat Vihar Kakrola New Delhi pursuant to impugned order of

demolition dated 26.10.2018 till next date of hearing.

16. However, this order is subject to any order passed by the

Hon’ble Supreme Court / Hon’ble High Court / Hon’ble NGT

regarding sealing and demolition in respect of the property in

question.

17. 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.

18. 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.

19. 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.

20. Be listed for arguments on 02.12.2020.

21. A copy of this order be given to Ld. counsel for parties by

digital mode/dasti, as prayed for.



A.No.605/19 20.11.2020


Present : Sh. Alok Kumar Rai and Sh. V.K. Jha, Ld. counsels for

appellant.

Sh. Pritish Sabharwal, Ld. counsel for respondent.

Be listed for arguments with connected appeal on 02.12.2020.



A.No.272/13 20.11.2020


Present : Sh. Anil Kumar Sharma and Sh. Sanjay Garg, Ld. counsel for

appellant.

None for respondent.

To come up for appearance of respondent and arguments on

14.12.2020.



A.No. 452/18 20.11.2020


Present: None. Be listed for purpose already fixed on 22.01.2021.

Interim order, if any to continue till next date.


Appellate Tribunal: MCD 20.11.2020

A.No. 136/20 20.11.2020






A.No. 198/19 20.11.2020






A.No. 649/19 20.11.2020






A.No. 303/18 & 304/18 20.11.2020






A.No. 325/19 20.11.2020






A.No. 632/18 20.11.2020






A.No. 508/16, 509/16, 514/16 & 1129/15 20.11.2020






A.No. 212/14 20.11.2020






A.No. 557/14 20.11.2020






A.No. 955/15 & 631/13 20.11.2020






A.No. 753/18 & 357/18 20.11.2020






A.No. 824/18 20.11.2020






A.No. 363/19 20.11.2020






A.No. 272/19 & 225/19 20.11.2020






A.No. 1201/15 20.11.2020






A.No. 395/18 20.11.2020






A.No. 655/18 & 743/18 20.11.2020






A.No. 950/17 & 949/17 20.11.2020






A.No. 1007/17 & 1008/18 20.11.2020






A.No. 265/20.

Documents

Transcript of A.No. 265/20.