A.No. 417/19 Present : Ms. Lalita Soam, Ld. counsel for ...

A.No. 417/19 07.01.2020 Present : Ms. Lalita Soam, Ld. counsel for appellant.

S. Adil Hussain, Ld. counsel for respondent with Sh. N.K.

Meena, Dy. Law Officer.

An application has been moved on behalf of the appellant

u/s 151 CPC for desealing of the property. It is alleged that

the appellant has moved an application for regularization

but could not file the documents in support of the same i.e.

site plan, structural stability certificate as the property is

lying sealed. It is stated that respondent has objected to the

said application on the ground that it is not supported with

relevant documents. It is prayed that the property be

desealed in order to enable the appellant to take the

measurement and obtain the structural stability certificate.

Ld. counsel for respondent does not oppose the same.

The property in question is directed to be desealed on

15.01.2020 from 10.00 a.m. to 5.00 p.m. in the presence of

the AE(B) concerned. The same be thereafter resealed.

Appellant is directed to remain present on the said date and

time.

The application stands disposed off.

Be listed for filing status report by the respondent on date

fixed i.e. 11.02.2020.

A copy of order be given dasti to the Ld. counsel for parties,

as prayed for.

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

Appellate Tribunal:MCD 07.01.2020

A.No. 45/15 07.01.2020 Present : Sh. Sachin Mishra, Ld. counsel for appellant.

Sh. Nilesh Sawhney, counsel for New Delhi Municipal

Council with Sh. Ashok Kumar, Nodal Officer.

Ld. counsel for appellant seeks more time to file objections.

To come up for final arguments on 12.03.2020.



A.No. 708/19 07.01.2020 Present : Sh. Karanveer Tyagi, Ld. counsel for appellant.

Sh. Vinay Rathi, Ld. counsel for respondent.

Ld. counsel for respondent seeks time to file status report

and record.

To come up for arguments on the interim application on

29.01.2020.



A.No. 738/16 07.01.2020 Present : Appellant with Ld. counsel Sh. R.P. Tripathi.

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

Written submissions filed on behalf of the appellant, copy

supplied.

At request of Ld. counsel for respondent adjourned for final

arguments to 14.04.2020.



A.No. 436/17 07.01.2020 Present : None for appellant.

Sh. Nitin, Ld. proxy counsel for MCD.

Sh. Dalip Rastogi, Ld. counsel for respondent No.3 to 5.

Be awaited for 2.00 p.m.



2.15 p.m. 07.01.2020 Present : None for appellant.

Sh. Harshit Thakur, Ld. proxy counsel for MCD.

Sh. Dalip Rastogi, Ld. counsel for respondent No.3 to 5.

None has appeared for appellant even on second call. It is

2.15 p.m.

Be listed for further proceedings on 03.02.2020.



A.No. 459/19 07.01.2020 Present : Sh. Zuheb Qureshi, Ld. proxy counsel for appellant.

Sh. Ankur Gupta, Ld. counsel for respondent.

At request of Ld. proxy counsel for appellant adjourned for

arguments to 07.04.2020 as main counsel is not available

since he has met with an accident.



A.No. 815/16 07.01.2020 Present : Appellant in person.

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

At joint request adjourned for final arguments to 24.03.2020.

AE(B) concerned to present on next date.



A.No. 324/19 and 316/19 07.01.2020 Present : Appellant in person.

Sh. Ranjit Singh, Ld. counsel for respondent.

Appellant seeks adjournment as his counsel is not available

today.

Ld. counsel for respondent opposes the adjournment.

To come up for arguments on 03.03.2020.

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



A.No. 627/18 07.01.2020 Present : None for appellant.


Fresh Vakalatnama filed on behalf of respondent.

Be listed for arguments / further proceedings on 01.04.2020.




A.No. 183/19 07.01.2020 Present : Sh. Shad Anwar, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.

Documents filed on behalf of the appellant.

Ld. counsel for appellant seeks more time to file documents

to show that the construction in question is protected under

NCT of Delhi Laws (Special Provisions) Act.

Be listed for arguments on the application for interim stay on

06.03.2020.



M.No. 19/18 07.01.2020 Present : Sh. Rajan Chaudhary, Ld. counsel for appellant.


Sh. Vimal Dhingra, Ld. counsel for intervener.

Reply has been filed on behalf of respondent to the

application u/s 151 CPC moved by the appellant, copy

supplied.

Be listed for arguments on the application for 06.03.2020.

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


A copy of order be given dasti to the Ld. counsel for parties,

as prayed for.0



A.No. 351/18 and 358/18 07.01.2020 Present : Sh. D.S. Khatri, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Sh. Kunal Sabharwal, Ld. counsel for intervener.

Final arguments heard.

Be listed for orders on 31.01.2020.



A.No. 123/16 07.01.2020 Present : Ms. Shruti Kukreja, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. counsel for respondent.

Ld. counsel for appellant seeks more time to carry out

rectification. Appellant is directed to do so within two weeks

and thereafter give intimation to the respondent.

Respondent to file status report regarding regularization

application.

To come up on 05.03.2020.

AE(B) concerned to be present on date fixed.



A.No. 779/19 07.01.2020 Present : Ms. Shreya Rao, Ld. counsel for appellant.

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

of sealing dated 21.11.2019 u/s 345A read with Section 491

of DMC Act 1957 alongwith application for stay. Be

checked and registered.

Notice of the appeal and application be issued to the

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

directed to appear alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed. Record be deposited in the Tribunal.

Be listed for arguments on application for stay on

20.01.2020.

Process be given dasti, as prayed for.

The interim protection granted by the Hon’ble High Court is

extended till next date.














20.01.2020.








of sealing u/s 345A read with Section 491 of DMC Act 1957

alongwith application for stay. Be checked and registered.







20.01.2020.






A.No. 189/16 07.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

File taken up on an application moved on behalf of appellant

for early hearing.

Notice be issued to the respondent for 06.02.2020.



A.No. 155/18 07.01.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

None for respondent.

Appellant is directed to produce the original title documents.




A.No. 249/17 07.01.2020 Present : Sh. Chetan Wahi, Ld. counsel for appellant.


for restoration of appeal.

Notice be issued to the respondent for 22.01.2020.



A.No. 240/18 and 569/18 07.01.2020 Present : Sh. Isham Ld. proxy counsel for appellant.


for early hearing.

At request of Ld. proxy counsel adjourned to date fixed i.e.

17.01.2020.



A.No. 678/18 07.01.2020 Statement of Sh. R.B Singh, Ld. counsel for appellant Enrol No.D-517/90,

Chamber No. A-38, Western Wing Tis Hazari courts, Delhi

Without oath

I have instructions to withdraw the present appeal unconditionally.

RO & AC



A.No. 708/19. 07.01.2020 Present : Ms. Nitu Dubey, Ld. Proxy counsel for appellant.

Sh. Vinay Rathi, Ld. counsel for SDMC.

At request of proxy counsel for appellant, be awaited.



A.No. 366/19. 07.01.2020 Present : Sh. Arush Kumar Malhotra, Ld. counsel for appellant.

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

Sh. A.N. Tiwari, Ld. counsel for respondents no.2 and 3.

Sh. Harshit Dua, Ld. Proxy counsel for respondents no.4

and 5.

Ld. counsels for respondents no.2 to 5 seek more time to

file reply.

Be listed for reply and arguments with the connected appeal

on 03.03.2020.



A.No. 383/19. 07.01.2020 Present : Appellant with Ld. counsel, Sh. A.N. Tiwari.


Sh. Harshit Dua, Ld. Proxy counsel for respondents no.2

and 3.

Sh. Arush Kumar Malhotra, Ld. counsel for respondent no.4.

None for respondent no.5.

Respondent no.5 is unserved, be served through registered

post and speed post for next date.

Ld. counsel for respondents no.2 to 4 seek more time to file

reply.

Be listed for reply and arguments on 03.03.2020.



A.No. 196/18 and 36/19. 07.01.2020 Present : None for appellant.

Sh. Sushil Kumar (Proxy) and Sh. Vikram Aggarwal, Ld.

counsels for SDMC.

Status report filed alongwith photographs stating that the

owner has demolished the unauthorised construction

completely.

As none has appeared for appellant, be listed for further

proceedings on 18.02.2020.

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



A.No. 448/18, 338/18, 79/18, 80/18, 81/18, 82/18 and 83/18. 07.01.2020 Present : Sh. Amit Luthra, Attorney of the appellant.


Status report filed stating that the regularization file is under

process.

Be listed for filing the status report regarding the

regularization application on 14.02.2020.

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



A.No. 854/18. 07.01.2020 Present : Sh. Nirmit Gaur, Ld. counsel for appellant.

Sh. Kulbhushan, Ld. counsel for North DMC alongwith Sh.

Sanjay Gupta, ALO, Sh. Kumar Mahinder, EE(B) and Sh.

Hemant Kumar, LI.

Status report filed stating that the action against

unauthorised construction in the shape of basement, ground

floor, first floor and second floor in respect of property in

question has been initiated, show cause notice dated

02.08.2004 issued was served upon the owner/builder.

However, no reply to the show cause notice was received

and the construction is against Building Byelaws / DMC Act.

It is further stated that the demolition order has also been

passed in respect of the property in question dated

06.08.2004. Copy supplied.

Ld. counsel for appellant states that the property in question

is protected under the National Capital Territory of Delhi

Laws (Special Provision) Act, 2011 and he seeks time to file

objections.

To come up for further proceedings on 10.02.2020.



A.No. 789/18. 07.01.2020 Present : Appellant with Ld. counsel, Sh. Pramod Joshi.

Ms. Mithlesh Singh, Ld. counsel for North DMC alongwith

Sh. Sanjay Gupta, ALO and Sh. Kamal, LDC.

Further status report filed, copy supplied.

Arguments heard.




A.No. 755/19 and 756/19. 07.01.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.


Memo of appearance filed on behalf of the respondent.

Time is sought to file status report and record.

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

Be listed for arguments on 09.01.2020.



A.No. 677/14, 678/14, 679/14 and 578/14. 07.01.2020 Present : Sh. Kanwar Kochar, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for MCD.

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




A.No. 678/18. 07.01.2020 Present : Sh. R.B. Singh, Ld. counsel for appellant.

Sh. Ranjit Pandey, Ld. Proxy counsel for SDMC.

Sh. Jagat Singh, Ld. counsel for intervener.

Ld. counsel for appellant states that he has instructions to

withdraw the appeal. Statement of Ld. counsel for appellant

recorded in this regard.

In view of the statement of Ld. counsel for appellant, the

appeal stands dismissed as withdrawn. Resultantly the

impugned order dated 11.09.2018 stands confirmed.

Respondent is at liberty to take action in the property in

question in accordance with law. AE(B) to file action taken

report before the concerned Dy. Commissioner.

P;[The file of the department, if any, be returned to the

respondent alongwith copy of this order.

File be consigned to record room.



A.No. 394/19 07.01.2020 Present : Ms. Laxmi Singh, Ld. Counsel for the appellant.

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

At request of Ld. Counsel for the appellant adjourned for




A.No.144/18. 07.01.2020 Present : Appellant with counsel Shri Mahinder Singh.

None for respondent.

Appellant is directed to place on record the original title

deeds. The respondent to file further report regarding the

number of shops functioning at the ground floor in the

property in question and the area of the shops in question.

AE(B) to be present on date fixed.

Be listed for further proceedings on 16.01.2020.



A.No. 417/19 Present : Ms. Lalita Soam, Ld. counsel for ...

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