A.No. 81/20. 24.02.2020 Present : Sh. Bhagat Singh, Ld ...

A.No. 81/20. 24.02.2020 Present : Sh. Bhagat Singh, Ld. counsel for appellant.

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

Ld. counsel for respondent seeks time to file reply.

To come up for arguments on 19.03.2020.

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

Appellate Tribunal:MCD 24.02.2020

A.No. 77/20. 24.02.2020 Present : Sh. Shailender Dahiya, Ld. counsel for appellant.

Sh. S.A. Hussain, Ld. counsel for North DMC.

Memo of appearance filed on behalf of respondent.

Time is sought to file status report and record.

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

To come up for arguments on the application for stay on

13.03.2020.



A.No. 67/20. 24.02.2020 Present : Sh. Vikram Pawar, Ld. counsel for appellant.

Sh. S.A. Hussain, Ld. proxy counsel for North DMC with Sh.

Sanjay Gupta, ALO and Sh. Sriniwas, JE(B).

Memo of appearance filed on behalf of respondent.

Status report filed stating that the appeal is not maintainable

since it has been filed against the sealing order dated

26.12.2019 whereas infact there is no sealing order dated

26.12.2019. It is also stated that the present appeal has

been filed against the vacation notice dated 27.01.2020.

An application moved on behalf of appellant u/s. 151 CPC

for placing on record the ownership documents. Appellant

is directed to place on record legible copies of the

documents.

Ld. counsel for appellant alsom seeks time to amend the

appeal.

To come up now for arguments on 30.03.2020.



A.No. 83/2020. 24.02.2020 Present : Sh. Vimal Dhingra, Ld. counsel for appellant.

Sh. S.A. Hussain, Ld.counsel for North DMC.

Ld. counsel for appellant seeks time to file documents of

title.

More time is sought to file status report.

Show cause notice be issued to JE(B) for next date.

Be listed for arguments on 30.03.2020.



A.No. 266/15. 24.02.2020 Present : Sh. Rajeshwar Kumar Gupta, Ld. counsel for appellant.

Ms. Swati Gupta, Ld. counsel for DDA.

None for respondent no.2

Ld. counsel for DDA seeks time to take instructions in terms

of the orders passed by Hon’ble High Court in Writ Petition

(C) No. 1766/2018 & CM Appl. 51290/2019 titled GP Capt

Bhagat Singh Daulta and Ors. Vs. DDA & Ors. and file

report on the next date.

Be listed for further proceedings on 09.07.2020.



A.No. 365/19. 24.02.2020 Present : Sh. Dwapan Gupta, Ld. counsel for appellant.

Sh. H.R. Aggarwal, Ld. counsel for North DMC with Sh.

Rajiv Garg, ALO and Sh. S.K. Goel, AE(B).

1. Ld. counsel for respondent states that the application

for regularization moved by the appellant stands rejected

since there is no policy of the regularization of the flats in

Nimri Colony till date. Copy of rejection letter has been

filed.

2. Arguments heard on the application for interim stay.

Ld. counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

3. It is stated that the appellant has become the owner

of property bearing House No. 231, Ground Floor, Nimri

Colony, Ashok Vihar, New Delhi-110052 by virtue of will

dated 01.12.1997. It is stated that the property was

originally allotted to Smt. Shanti Devi Narula vide lease

deed dated 05.08.1992 and Smt. Shanti Devi Narula

bequeathed the same in favour of appellant. It is further

stated that the appellant was served with a demolition order

dated 05.10.2018, pursuant to which appellant gave a

representation to the respondent. It is also stated that there

is no illegal construction existing in the premises and excess

construction has been regularized as per various

notifications of respondent. It is also stated that some

portion of the appellant’s property was demolished on

28.10.2018. The appellant thereafter applied for

regularization. It is further stated that the flat in question was

built up by respondent in the year 1960 and in the layout

plan, the area of each flat was 62.26 sq.mts. It was decided

vide Corporation resolution No.386 of 25.09.2000 to

regularize additional area and make the total land area as

135 sq.mtr.

4. The respondent had filed status report stating that

unauthorized construction in the shape of covering of open

space at front and rear side of ground floor has been

booked in respect of the property in question. Thereafter

demolition order was passed on 05.10.2018. It was also

stated that demolition action was partly taken on 28.12.2018

and the remaining demolition action remains to be taken. It

was further stated that the appellant filed show that the

construction was raised after obtaining permission from the

complete authority or that the construction is protected by

any law.

5. Respondent has also filed letter dated 21.02.2020

stating that there is no policy of the regularization of the flats

in Nimri Colony till date.

6. Heard. keeping in view the submissions made on

behalf of respondent that as per information received by

respondent for Land & Estate Department that allotted area

of the plot in question is only 62.26 sq.mts as per lease

deed and that letter dated 07.04.2008 was addressed to

Commissioner Planning, DDA by Town Planning

Department with regard to status of Nimri Colony in

reference to Writ Petition titled “Flat Owners Welfare

Association (Nimri Colony) Vs. MCD” wherein it was stated

that the Standing Committee Resolution No. 821 dated

05.03.2008 has resolved as under :

“Having considered the position as brought out

by the Commissioner in his letter No.

F.33/Chief Town Planner/2014/C&C dated

05.03.2008 and the documents annexed

thereto, wherein the status of Nimri Colony is

established of Pre-62 colony with double

storeyed flats, resolved that regularization of

additional construction be done as per

provision of Master Plan 2021, treating double

storeyed flats of residential plots and DDA be

requested to include Nimri Colony in the list of

Pre-62 built up residential rehabilitation

colony.”

7. In the above facts and circumstances as application

for regularization of the appellant has been rejected as

there is no policy of regularization of flats in Nimri Colony till

date and unauthorized construction in the shape of covering

open space in the front and rear side of flat in question has

been raised and no Sanctioned Building Plan of

unauthorized construction has been filed. The construction

is not protected under the NCT of Delhi Laws (Special

Provisions) Act, the application for interim stay stands

dismissed.

8. Be listed for final arguments on 19.05.2020.

9. A copy of order be given dasti to Ld. counsel for

appellant, as prayed for.



A.No. 94/20 24.02.2020 Present : Appellant with Ld. counsels Ms. Priyanka Kapur and Ms.

Geetika Kapur.

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

of demolition dated 13.08.2019 alongwith application for

stay and condonation of delay. 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 the application for condonation of

delay and stay on 05.03.2020.



A.No. 888/17 24.02.2020 Statement of Sh. Kapil Jain S/o Sh. Prem Chand Jain, Director DFS Agri

Foods Pvt. Ltd. registered office 440 Katra Medgran , Khari Baoli, Delhi-6

On SA

I am the Director of the appellant company and I have instructions to

withdraw appeal, I may be permitted to withdraw the appeal

unconditionally. (Copy of my Adhar Card of the Director Exh. A-1.)

RO & AC



A.No. 78/20. 24.02.2020 Present : Appellant in person.

Sh. H.R. Aggarwal, Ld. Counsel for North DMC.

Vakalatnama filed on behalf of the respondent.

More time is sought to file status report and record.

To come up for arguments on the interim application on

31.03.2020.

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



A.No. 116/14, 121/14, 1202/13, 1106/13, 277/14, 278/14, 1104/13, 1105/13 and 1109/13. 24.02.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

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

Ld. counsel for respondent states that appellant be directed

to supply the copy of regularization application, the same be

supplied within three days.

To come up for filing of status report of the regularization

application on 22.05.2020.




A.No. 1203/13. 24.02.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Sanjay Gupta, ALO for North DMC with Sh. Vikas

Kumar, JE(B).

More time is sought to file status report of the regularization

application.

To come up for further proceedings on 22.05.2020.




A.No. 25/14. 24.02.2020 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for EDMC with Sh. Ankit

Pandey, JE(B).

Status report filed stating that the application for

regularization has been examined and the appellant has

bee called upon to submit all necessary documents as per

Settlement Deed vide letter No. D-44 dated 19.02.2020.

Ld. counsel for appellant seeks four weeks time to comply

with the same.

Be listed for filing of status report of the regularization

application on 22.05.2020.



A.No. 696/19. 24.02.2020 Present : Ms. Sunaina Niga, Ld. Proxy counsel for appellant.

Sh. Sanjay Kaushik, Ld. counsel for SDMC with Sh. Sanjay

Gupta, ALO.

An application moved on behalf of SDMC stating that the

property in question does not fall within its jurisdiction.

At request of proxy counsel for appellant, adjourned for

taking steps to amend the appeal on 17.04.2020.



A.No. 325/19. 24.02.2020 Present : Sh. Abhinav Dang, Ld. counsel for appellant.

Sh. Mohit Sharma, Ld. Proxy counsel for SDMC.

An application moved on behalf of appellant u/s. 151 CPC,

copy supplied.

At request of proxy counsel for respondent, be listed for

consideration of application on date fixed i.e. 28.04.2020.



A.No. 210/19. 24.02.2020 Present : Sh. Rupesh Mundhra, son of appellant in person.

Sh. Mohit Sharma, Ld. counsel for SDMC.

Sh. K.N. Singh, Ld. counsel for applicants.

An application moved on behalf of applicant under Rule 17

of DMC Appellate Tribunal (Procedure) Rules, 1986 read

with section 151 of CPC, copy supplied.

Ld. counsel for appellant and MCD seeks time to file reply.

Be listed for arguments on the application on 05.03.2020.


Date of hearing of 07.04.2020 stands cancelled.

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



A.No. 498/14. 24.02.2020 Present : Ms. Neha Praveen, Ld. Proxy counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.

Ld. counsel for appellant states that the Writ Petition (C) No.

6857/14 titled Jatin Khanna Vs. SDMC & Anr. is pending in

the Hon’ble High Court and is listed in the regular matters.

In view of the stay proceedings by the Hon’ble High Court,

be listed for further proceedings on 15.07.2020.



A.No. 486/19. 24.02.2020 Present : Sh. Mohan Kumar, Ld. counsel for appellant.

Sh. Varun Sharma, Ld. counsel for SDMC with Sh. Hukum

Singh, AE(B).

Status report filed stating that the permission granted vide

No. EE(B)NGZ/18/D-13 dated 19.03.2018 for erection of cell

tower/antenna/pole at Property No.8, Abadi known as Old

Lal Dora, Village Surakhpur, Najafgarh, New Delhi has been

revoked by the competent authority vide revocation letter

No. EE(B)/NGZ/20/D-1/1379 dated 03.02.2020.

To come up now for final arguments on 27.04.2020 at

request of Ld. Counsel for the appellant .



A.No. 449/19. 24.02.2020 Present : Appellant with Ld. Proxy counsel, Sh. Ravinder Kumar.

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

Proxy counsel for appellant seeks adjournment as ld.

counsel for appellant is not available due to death of her

relative.

Show cause notice be issued to AE(B) since he is absent

despite being directed to be present today.

To come up now for filing of report and arguments on

03.04.2020.



A.No. 40/20. 24.02.2020 Present : Sh. Ajeeet Kumar, Ld. counsel for appellant.

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

S.K. Uppal, LI.

Status report filed stating that the owner / occupier of

property in question was running the factory / industrial

activities in the name & style of M/s. Rajeev Anand against

the provision of MPD-2021 which amounts to misuse of

premises and the property was sealed on 21.12.2019. It is

further stated that the Hon’ble Supreme Court in Writ

Petition (C) No.4677/1985 dated 26.11.2018 had passed an

order that “None of these 21960 Industrial Units should be

allowed to re-open without their permission”. It is further

stated that as per affidavit filed by the Commissioner /

SDMC before the Hon’ble Supreme Court, the property in

question is part of 21960 Industrial Units as per 49th

progress report of the Monitoring Committee. It is further

stated that the property in question is not in the list of 21960

in step-I but this property was sealed under step-III

procedure and this Tribunal has no jurisdiction.

Ld. counsel for appellant seeks adjournment to peruse the

report.

Be listed for arguments on the maintainability of the appeal

on 31.03.2020.



A.No. 61/20. 24.02.2020 Present : Sh. Satish Kumar, Ld. proxy counsel for appellant.

Sh. Mohit Sharma, Ld. Proxy counsel for EDMC.

To come up for filing of status report and record and

arguments on 26.03.2020.




A.No. 27/2019 24.02.2020 Present : Shri Gautam Gupta, Ld. Counsel for the appellant .

Shri Absar Ahmad, Ld. Counsel for the respondent.

An application moved for condonation of delay in filing the

affidavit in terms of order dated 11.01.2019.

Heard, as there is no justifiable ground disclosed, the delay

stands condoned subject to payment of Rs. 10,000/- as cost

by appellant to be deposited in the Registry.

Application stands disposed off.

At request of Ld. Counsel for parties, be listed for filing of

brief synopsis and final arguments on 13.07.2020.

Interim orders, if any, to continue till next date of hearing



A.No. 1071/17 24.02.2020 Present : None for appellant.

Shri Jatin Aggarwal, Ld. counsel for the respondent.

None has appeared on behalf of appellant despite several

calls since morning. Even on the previous date of hearing,

none had appeared for the appellant. The appeal stands

accordingly dismissed in default and for non-prosecution.

Resultantly, the impugned order dated 17.11.2017 is

confirmed. Respondent is at liberty to take action in the

property in question in accordance with law. 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 along with copy of this order.

File be consigned to record room.



A.No. 504/19 24.02.2020 Present : Shri S.K. Sharma, Ld. Counsel for the appellant.

Sh. H.R. Aggarwal, Ld. Counsel for respondent.

An application moved for amendment of appeal, copy

supplied.

Appellant is directed to file documents of title.

To come up arguments on the application for interim stay

on 22.04.2020.




Shri Sushil Kumar Jain, Ld. counsel for the respondent.

As none has appeared on behalf of the appellant, be listed

for further proceedings on 15.04.2020.




Shri Mohit Sharma, , Ld. counsel for the respondent.


for further proceedings on 28.04.2020



A.No. 60/SCM/13 24.02.2020 Present : Shri S.N. Aggarwal, Direction of Appellant.

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

Sh. Priyabrat Sahu, Ld. counsel for LAC.

Appellant seeks adjournment as his counsel is not available.

At request, last opportunity granted for final arguments.

Be listed on 24.04.2020.



A.No. 388/18 24.02.2020 Present : Ms. Sukhwant Kaur, Ld. proxy Counsel for the appellant.

Shri Madan Sagar, Ld. counsel for the respondent.

Ld. proxy Counsel for the appellant seeks adjournment as

main counsel is busy in Saket Court.

Ld. counsel for the respondent states that appeal is not

maintainable.

To come up for final arguments on 07.04.2020.




A.No. 237/15 and 151/17 24.02.2020 Present : Shri Vinay Pathak, Ld.proxy Counsel for the appellant.

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

At request of Ld. proxy Counsel for the appellant, last

opportunity granted for final arguments.

Be listed on 21.05.2020..




A.No. 41/18 24.02.2020 Present : Ms. Nikita Khanna, Ld. proxy Counsel for the appellant .

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

At request of Ld. proxy Counsel for the appellant. adjourned

for final arguments to 06.05.2020 as main counsel is

unwell.




A.No. 1016/15 24.02.2020 Present : Shri Vinay Pathak, Ld. proxy Counsel for the appellant.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Shri Rajiv Garg, ALO.

Written submissions filed on behalf of appellant, copy

supplied.


main counsel is not available today. Last opportunity

granted.

Be listed for final arguments on 05.05.2020.

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



A.No. 888/17 24.02.2020 Present : Appellant with counsel Shri Dinesh Aggarwal.


An application moved for withdrawal of the appeal.

Statement of appellant recorded.

Statement of the appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 19.08.2016 is confirmed. Respondent is at liberty to

take action in the property in question in accordance with

law. AE(B) concerned to file action taken report before the

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.



A.No. 705/17 24.02.2020 Present : Shri Vimal Dhingra, Ld. Counsel for the appellant .

Shri Fransis Paul, Ld. counsel for intervener.

Shri Krishan Keshav, Nodal Officer.

Written submissions filed on behalf of the appellant and

applicant, copy supplied.

At request of Nodal Officer,MCD, adjourned for final

arguments to 02.07.2020.




A.No. 717/18 24.02.2020 Present : Appellant with counsel Shri Vishal Soni.

Ms. Mitlesh Singh, Ld. counsel for the respondent.

At request of Ld. Counsel for the appellant , adjourned for

filing of brief synopsis and final arguments to 02.07.2020.




A.No. 872/18 24.02.2020 Present : Ms. N. Sehar, Ld. proxy Counsel for the appellant .


At request of Ld. proxy Counsel for the appellant, last


Put up on 24.04.2020.




A.No. 552/19 and 553/19 24.02.2020 Present : None for appellant.



for further proceedings on 11.03.2020



A.No. 950/16 24.02.2020 Present : Appellant with Ld. proxy counsel Shri Rahul Kumar.

Shri Madan Sagar, Ld. counsel for the respondent

Shri Vinaty Kumar, Ld. Counsel for applicant.

Documents filed on behalf of applicant.

At request of Ld. proxy Counsel for the appellant., last


Ld. counsel for the respondent states that part demolition

action has been taken.


main counsel is busy in Hon’ble High Court.

Parties are directed to file brief synopsis.

To come up for final arguments on 27.05.2020.


(POONAM CHAUDHRY)

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

24.02.2020

A.No. 783/18,715/18 and 719/18 24.02.2020 Present : Ms. Vivya Upadhaya, Ld. proxy Counsel for the appellant.



At request of Ld. proxy Counsel for the appellant,last


Be listed on 19.05.2020.



A.No. 104/18 24.02.2020 Present : Appellant in person.


Shri Asok Kumar Popli, Ld. counsel for applicant.

Arguments have been addressed on behalf of applicant on

the application under Order 1 Rule 10 CPC.

At request of appellant, adjourned for arguments to

25.03.2020 as his counsel is busy in some other court case.




A.No. 93/17 24.02.2020 Present : Shri M. Hussain, Ld. Counsel for the appellant.

None for respondent.

Shri R.K. Saxena, Ld. counsel for applicant.

\

Arguments heard on the application under Order 1 Rule 10

CPC.

Be listed for orders on 20.03.2020.




A.No 92/19 and 93/19 24.02.2020 Present : Shri Prayas Aneja, Ld. Counsel for the appellant.

Ms. Mitlesh Singh, Ld. counsel for the respondent.

Shri Pramod Kaushik, Ld. counsel for the respondent .

None for applicant.

Ld. Counsel for the appellant seeks time to file documents

to show that the property in question is protected under

National Capital Territory of Delhi Laws (Special Provision)

Act,

Be listed for final arguments on 23.03.2020.





Shri Mohit Sharma ,Ld. counsel for the respondent.

At joint request, adjourned for final arguments on

11.05.2020.

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



A.No. 667/18 24.02.2020 Present : Shri Nitin Ojha, Ld. Counsel for the appellant.

Ms. Dushra Waseem, Ld. proxy counsel for the respondent.

An application moved on behalf of appellant under section

151 CPC .

Be listed for reply and arguments on the application on

28.02.2020.



A.No. 435/19 24.02.2020 Present : Ms. Ravleen, Ld. proxy Counsel for the appellant .

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

At request of Ld.proxy Counsel for the appellant, adjourned

for arguments on the interim application on 29.04.2020 as

main counsel is not available today.



A.No. 288/19 and 39/20 24.02.2020 Present : Shri Summit Gaba, Ld. Counsel for the appellant.

Shri Varun Sharma, Ld. counsel for the respondent .

Shri Gaurav Bansal, AE (B).

Status report filed, copy supplied.

Documents filed on behalf of appellant, copy supplied.

Parties are directed to file their brief synopsis.

At joint requested, adjourned for final arguments to

17.04.2020.



A.No. 390/11 24.02.2020 Present : Shri Rohit Goel, Ld. Counsel for the appellant .


An application moved on behalf of appellant under section

151 CPC for desealing of the property in question for a

period of four months to demolish the entire structure up to

the ground level.

Ld. Counsel for the respondent states that he does not wish

to file reply but states that one month time be granted.

Heard. The appellant is accordingly granted one month time

to demolish the entire structure of the property in question

up to the ground level. The property be desealed by

respondent on 02.03.2020 for one month and resealed

thereafter. The appellant is directed not to misuse the same

or raise any unauthorized construction during the said

period or create third party interest. AE (B) concerned will

inspect the property during the period it is de-sealed. The

property be resealed on 03.04.2020. Application stands

disposed off.

Be listed for filing status report on 20.04.2020.

Copy of the order be given Dasti to Ld. counsel for parties

as prayed for.





One regular stenographer is on leave. No time left.


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


A.No. 835/15 24.02.2020 Present : Shri Kamal Kumar Jain, Husband of appellant.


One regular stenographer is on leave. No time left.




A.No. 81/20. 24.02.2020 Present : Sh. Bhagat Singh, Ld ...

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