A.No. 830/18 19.02.2020 Present : Appellant in person ...

A.No. 830/18 19.02.2020 Present : Appellant in person.

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

Shri Ashok Kumar, Licensing Inspector.

Statement of Licensing Inspector recorded.

At request of appellant, be listed for arguments on

16.03.2020.

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

Appellate Tribunal:MCD 19.02.2020

A.No. 82/20. 19.02.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Memo of appearance filed on behalf of respondent.

Time is sought to file record.

1. This is an appeal against the order of demolition

dated 13.01.2020.

2. Ld. Counsel for appellant has pressed the application

for interim stay on the ground that otherwise the appeal will

become infructuous.

3. The submissions made are that appellant is the

owner of ground floor of property bearing No. 4356,

Jogiwara, Chandni Chowk, Delhi having purchased the

same vide Sale Deed dated 08.01.2020. It is further stated

that the appellant had purchased the built up property and

the construction is an old one. It is further stated that the

property was also assessed to house tax in the year 2002,

the assessment order shows the existence of three rooms

on the ground floor. It is also stated that the respondent has

also issued notice u/s. 345 A DMC, the appellant has filed

the reply to the same. It is further stated that no show cause

notice u/s. 343 DMC was served upon the appellant nor any

opportunity of personal hearing was afforded to her. It is

further stated that the property in question is protected

under the Delhi Laws (Special Provisions) Act, 2011 as

amended and extended till 31.12.2020 since the

construction exists prior to the cut off date of 08.02.2007.

4. I have heard and considered the submissions made

by Ld. counsel for parties. Keeping in view that time is being

sought to file status report and record, thus in the abovesaid

facts and circumstances of the case, respondent is

restrained from taking demolition action in the property in

question bearing No. 4356, Jogiwara, Chandni Chowk,

Delhi till next date of hearing pursuant to the impugned

demolition order dated 13.01.2020.

5. 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.

6. 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.

7. 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.

8. 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.

9. Be listed for filing of status report on 22.04.2020.

10. A copy of the order be given Dasti to counsels for

parties, as prayed for.



A.No. 848/19. 19.02.2020 Present : Ms. Priyanka Kapoor, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh. Raju,

AE(B).

Status report filed stating that as deviations have been carried

out against Sanctioned Building Plan in the shape of

basement, ground floor and by amalgamation of two different

parts with common staircase, show cause notice was issued

u/s. 343 DMC but no reply was received as such demolition

order was passed on 29.08.2019. It is also stated that sealing

action was also initiated and after following due process of law,

the property was sealed on 27.11.2019.

Heard, as since the demolition order has not been challenged,

the respondent to take action pursuant to the demolition order

in the property in question.

Section 343 provides for passing orders for demolition or

stoppage of building work on the ground that it has been

completed without or contrary to the sanctioned plan. Section

344 provides for an order being passed for stoppage of

building work in certain circumstances.

Section345A provides that action can be taken under this

section before or after passing an order of demolition u/s. 343

or 344 of the Act.

It has been held in Ahuja Property and Developers P. Ltd.

Vs.MCD, 42 1990 DLT 474 that an order passed u/s. 345A is

by way of an interim arrangement so that further mischief or

damage cannot be done. It is to prevent the use toe the

building which has been constructed in violation of the law.

In the said facts and circumstances, no ground is made out for

interim stay, the application stands dismissed.

Be listed for filing of record and for final arguments on

29.04.2020.



A.No. 41/20. 19.02.2020 Present : Appellant with Ld. counsel, Sh. Parikshit Mahipal, LAC.

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

Status report filed, copy supplied.

Documents filed on behalf of appellant, copy supplied.

Ld. counsel for appellant seeks time to file documents to

show that the construction in the property in question exists

since more than 60 years and is protected under the NCT of

Delhi Laws (Special Provisions) Act, 2011 amended and

extended upto 31.12.2020. It is also stated that demolition

action has been taken at Jaal area. It is further submitted

that the permission has been granted to appellant by the

respondent to carry out the repairs vide letter dated

20.02.2018.

As per status report filed by the respondent, the demolition

action has been taken in the open courtyard. Photographs

filed with status report.

I have heard and considered the submissions made by Ld.

counsel for parties.

Keeping in view the facts and circumstances of the case, as

permission to carry out repairs of damaged roof was

granted by respondent, and appellant is owner of ground

floor only, respondent is restrained from taking demolition

action in the property in question bearing H.No. 659,

Chandni Mahal, Darya Ganj, Delhi-110002 till next date of

hearing pursuant to the impugned demolition order dated

09.01.2020.

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





Copy of the affidavit will be provided to concerned AE(B) by

the appellant, who shall verify whether details of


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 17.04.2020.



A.No. 462/15 19.02.2020 Present : Sh. Kaushal Kishore Mishra, counsel for appellant

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

Sh. V. K. Mantoo, Dy. Law Officer

Sh. V. K. Gupta, AE (B)

Ld. counsel for respondent states that property in question

falls under unauthorized colony. Sanction proposed to be

regularized by GNCTD. Ld. counsel for respondent states

that till the regularization plan is not received from GNCTD

the purpose for which property can be used cannot be

ascertained. Therefore, permission cannot be given by

respondent.

Be listed on 20.07.2020 for further proceedings.



A.No. 250/19 19.02.2020 Present : Sh. Sh. Devender Mor, Ld. counsel for appellant

Ms. Vidhi, Ld. Proxy counsel for respondent

Sh. Rajiv Garg, ALO

Written submissions filed on behalf of respondent.

Copy supplied.

AT request of Ld. counsel for respondent adjourned for filing

of case law to16.03.2020.



A.No. 881/18 19.02.2020 Present : None for appellant.

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

Listed for further proceedings on 02.06.2020



A.No. 788/16 19.02.2020 Present : Sh. Shantanu Singh, Ld. counsel for appellant


At request of Ld. counsel for appellant adjourned for

arguments on the application for substitution of legal heirs of

appellant to 09.07.2020.



A.No. 359/18 19.02.2020 Present : Sh. Mahesh Israr, Ld. Proxy counsel for appellant

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

On joint request adjourned for final arguments to

03.07.2020.

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



A.No. 678/16 19.02.2020 Present : Sh. Prashant Sharma, Ld. counsel for appellant

Sh. Satyam Kharbanda, Ld. proxy counsel for respondent

Ld. counsel for appellant seeks time to file objections.

Be listed on 16.03.2020 for arguments.



A.No. 509/19 19.02.2020 Present : Sh. A. Ansari, Ld. counsel for appellant

Sh. S. A. Husain, Ld. counsel for respondent

Ld. counsel for appellant seeks more time to file documents

of title.

At request adjourned for arguments on interim application

on 24.03.2020.




Sh. Pritish Sabharwal, Ld. counsel for respondent

Status report filed stating that based upon the information

as is derived from the office record maintained and available

with answering respondent/SDMC it is submitted that on

receiving complaint the property was inspected and there

found unauthorized construction in the shape of ground floor

to second floor. Accordingly, an account thereof vide file

No.237/UC/B-II/SZ/17 dated 17.07.2017, action u/s 343 &

344 of DMC Act was initiated. Thereafter, complying with

the provisions, as contained under the Act demolition order

has been passed which followed with ancillary actions, as

stipulated under the Act/Mandate.

On receiving complaint the site was again inspected on

29.03.2019 and the property found residentially occupied

upto part fifth floor. since, the owner/occupier has further

raised unauthorized construction in the shape of third floor,

fourth floor and part fifth floor vide file No.95/UC/B-I/SZ/19

dt. 29.02.201, action u/s 343 & 344 of DMC act has further

been initiated. Thereafter complying with the provisions as

contained under the Act demolition order has been passed.

Ld. counsel for respondent has placed on record order of

Hon’ble High Court of Delhi passed in Writ Petition(C)

6093/2019, Rajender Sharma & Anr. Vs. South Delhi

Municipal Corporation and Ors. directing the SDMC to take

action in the property in question expeditiously preferably

within three months.

The action taken report be filed on the next date of hearing

on 03.04.2020.

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



A.No. 225/17 & 226/17 19.02.2020 Present : Sh. D. D. Mishra, Ld. counsel for appellant


At request of Ld. counsel for respondent adjourned for final

arguments as main counsel is busy in mediation training.

AE (B) to be present on next date of hearing 08.04.2020.




A.No. 588/19 19.02.2020 Present : Sh. Raveen Rao, Ld. counsel for appellant


Ld. counsel for respondent states that he does not wish to

move an application for reduction of misuse charges. The

Ld. counsel for respondent stated that charges cannot be

reduced as the same have been calculated as per the rules.

Application accordingly stands dismissed.

Ld. counsel for appellant seeks time to pay the misuse

charges.

To come up on 17.04.2020.



A.No. 85/20 19.02.2020 Present : Ms. Parul Verma, Ld. counsel for appellant

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

of sealing dated NIL alongwith application for stay and

condonation of delay. It is stated that the sealing order has

not been provided. 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 consideration on the application for stay and

condonation of delay on 26.03.2020



A.No. 156/18 & 157/18 19.02.2020 Present : Sh. G. R. Verma, Ld. counsel for appellant

Ms. Anubha Kaushal, Ld. counsel for respondent

Sh. Nitender Sharma, Ld. counsel for Respondent no. 2

At request of Ld. counsel of MCD adjourned for filing of

status report and final arguments.




A.No. 981/17 19.02.2020 Present : Sh. B. R. Bakshi, Ld. counsel for appellant

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

Ld. counsel for respondent stated that documents of title

have not been filed. Appellant is directed to file the same

within two weeks with advance copy to the opposite side.

To come up for final arguments on 15.04.2020.



A.No. 817/17 19.02.2020 Present : Appellant with counsel Sh. Soumitra Singhal

Sh. Pritish Sabharwal, Ld. counsel for respondent with

Sh. Faiz Ahmad, AE (B)

Status report filed. Copy supplied.

Written submissions filed on behalf of appellant.

Copy supplied.

Ld. counsel for appellant states, he intends to use the entire

property for residential purpose only, appellant is directed to

file an application with affidavit.

Be listed for 13.03.2020.



A.No. 329/19 19.02.2020 Present : Ms. Savita Rastogi, counsel for appellant

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

Sh. M. Tripathi, Ld. counsel for applicant.

Ld. counsel for appellant states she does not wish to file

reply to the application moved under order 1 Rule 10 CPC.

The counsel for respondent states that complete chain of

title documents and the standard plan of DDA have not

been filed.


Ld. counsel for appellant seeks more time to file the entire

chain of title documents.

To come up for arguments on the application under Order 1

Rule 10 CPC 21.07.2020.

Interim order to continue till next date.





Status report filed on stating that appellant is liable to pay

an amount of Rs.38,430/- towards misuse charges and 10

times penalty.

At request of Ld. counsel for appellant adjourned for taking

instructions / further proceedings to 29.05.2020.



A.No. 830/18 19.02.2020 Statement of Sh. Ashok Kumar, Licensing Inspector, Civil Line Zone.

On SA

The owner/occupier of the property has deposited the misuse charges

amounting to Rs. 19.031/- vide G-8 No. DR-12630 dated 04.02.2020.

There is no amount outstanding against the property. The owner/occupier

will use the premises for residential purposes as per Master plan being

area residential in nature. As per report received from Divisional Manager

(RL) DSIIDC dated 18.01.2020 the appellant Smt. Sudha Mittal has not

applied for alternative Industrial plot under Relocation Scheme of

Industries 1996 from address F-13 Gali No.33, Mahendra Park, Jahangir

puri Delhi nor the same is appeared in the DSSIDCs list of 21960 units.

RO & AC



A.No. 534/18. 19.02.2020 Present : Sh. P.K. Rawal, Ld. counsel for appellant.

Sh. N.S. Yadav, Ld. counsel for EDMC.

Reply filed on behalf of respondent to the application u/s.

151 CPC.

Arguments partly heard.

Ld. counsel for appellant seeks time to file case laws.

Be listed for further arguments on 06.03.2020.



A.No. 546/19. 19.02.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

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

None for respondents no.2 to 5.

Reply filed on behalf of MCD / respondent.

Respondents no.2 and 3 be served with the notice of

application moved by the appellant, service be effected by

registered post.

To come up for arguments/further proceedings on

05.03.2020.



A.No. 294/19. 19.02.2020 Present : Sh. Abhinav Sharma, Ld. counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for SDMC.

More time is sought to file status report.

It is to be noted that time is being sought to file status report

since last several dates of hearings. In view thereof, the

concerned Dy. Commissioner to be present on the next

date.

Be listed now on 16.03.2020 for arguments on the interim

application.



M.No. 37/19. 19.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Dharamvir Gupta, Ld. Counsel for EDMC.

Vakalatnama filed on behalf of the respondent.

Ld. counsels for parties seek time to file brief synopsis.


Interim orders to continue till next date of hearing.



A.No. 684/19. 19.02.2020 Present : Sh. Vishal Rao and Sh. S. Sagar, Ld. counsels for

appellant.

Sh. Kshitiz Vats, Ld. counsel for SDMC with Sh. Faiz

Ahmed, AE(B).

Status report filed stating that a complaint was received

from Monitoring Committee and after due process of law

ground floor of the property was sealed on account of

misuse. It is further stated that in terms of order of Hon’ble

Apex Court dated 15.12.2017 efficacious remedy lies with

Monitoring Committee. Accordingly the owner of the

property had moved an application before the Monitoring

Committee and Monitoring Committee vide order dated

10.12.2019 allowed permanent de-sealing subject to

payment of penalty as calculated by the department and

regularization. Copy of the order of Monitoring Committee

filed.

This is an appeal against order of sealing.

In view of the status report filed by the respondent, the

appeal stands disposed off as having been become

infructuous.

File be consigned to record room.



A.No. 683/19. 19.02.2020 Present : Sh. Vishal Rao and Sh. S. Sagar, Ld. counsels for

appellant.

Sh. Kshitiz Vats, Ld. counsel for SDMC with Sh. Faiz

Ahmed, AE(B).

More time is sought to file status report.

To come up for further proceedings on 24.03.2020.

AE(B) to be present on date fixed.



A.No. 68/20. 19.02.2020 Present : Appellant with Ld. counsel, Ms. Rachna Maheshwari.

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

Sanjay Gupta, ALO and Sh. Anil Kumar, AE(B).

Status report filed stating that the unauthorized construction

in the shape of ground floor, first floor, second floor and

third floor with projections on municipal land had been

booked in the property in question, show cause notice was

given and after following due course of law the demolition

order was passed on 13.01.2020. It is further stated in a

Writ Petition (C) No. 13367/2019 titled as Krishna Devi Vs.

North DMC the matter in issue is unauthorized construction

in the property bearing no. T-510/C, Hill Marg, Baljeet Nagar

(which is property in question). It is further stated that the

fact of booking of unauthorized construction was brought to

the notice of Hon’ble High Court and Hon’ble High Court

has directed North DMC to take appropriate steps as per

law and file fresh status report and the next date fixed

before the Hon’ble High Court is 06.05.2020.

A copy of status report supplied.

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

proceedings to 22.05.2020.

Respondent to file further Status Report on the next date.



M.No. 27/18 and M.No. 28/18. 19.02.2020 Present : Sh. Kanwal Kochar, Ld. counsel for appellant.

Sh. Vijay Shukla, Ld. Proxy counsel for North DMC with

Sanjay Gupta, ALO.

The appellant is directed to file brief synopsis and give the

advance copy to the respondent.

Be now listed for final arguments on 01.06.2020.



A.No. 918/18. 19.02.2020 Present : Ms. Nisha Garg, Ld. counsel for appellant.


An application moved for early hearing.

No earlier date is possible due to heavy board, the matter is

already fixed on 26.03.2020 The application stands

dismissed.

The concerned official be called on the next date.

Be listed for final arguments on the date already fixed i.e.

26.03.2020.



A.No. 602/19. 19.02.2020 Present : Appellant in person


Sh. Manoj Sharma, Ld. counsel for applicant.

Ld. counsel for respondent seeks time to file reply to the

application u/s. 151 CPC moved by the applicant.

Ld. counsel for applicant states that he has not received the

copy of application, the same be supplied.

To come up for reply and arguments on the application on

13.03.2020.



A.No. 380/18 and 379/18. 19.02.2020 Present : Sh. Abhishek Kumar, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. Proxy Counsel for EDMC with Sh.

Raju, AE(B).

An application has been moved on behalf of appellant for

temporary de-sealing of the property in question for 60 days

to remove the deviations against the sanctioned plan in the

form of 5th floor by demolishing the same. The application is

not opposed, however it is submitted by Ld. counsel for the

respondent that three weeks time be granted.

The appellant is accordingly granted three weeks time to

remove the unauthorized construction / deviations against

the sanctioned plan on the 5th floor w.e.f. 02.03.2020. The

appellant is directed not to misuse the property during said

period or raise any unauthorized construction. AE(B) will

inspect it during the period it is desealed and reseal the

property after the said period.

Be listed for filing of status report on 08.04.2020.



A.No. 97/19. 19.02.2020 Present : Sh. Narender Rathi, Ld. Proxy counsel for appellant.

Sh. Pritish Sabharwal, Ld. counsel for SDMC.

Sh. Shankar Chhabra, Ld. counsel for applicant.


At request of proxy counsel for appellant, adjourned for

arguments on the application under Order 1 Rule 10 CPC to

27.04.2020 as the main counsel is busy in Hon’ble High

Court.

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



A.No. 842/18 and 806/18. 19.02.2020 Present : Ms. Gurmeet Kaur, Ld. counsel for appellant.

Sh. V.K. Aggarwal and Sh. Pritish Sabharwal, Ld. Counsels

for SDMC.

Ld. counsel for respondent seeks more time to file report

regarding deviations, if any, from the sanctioned building

plan.

Be listed now for further proceedings on 13.03.2020.

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



M.No. 36/19. 19.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.


Ld. counsels for parties state that the appeal is listed on

12.03.2020.

Accordingly, be listed for further proceedings on

30.03.2020.



M.No. 07/19 19.02.2020 Present : Sh. S.A. Khan, Ld. counsel for appellant.

Sh. Ashutosh Gupta, Ld. counsel for North DMC with Sh.

Nutan Gupta, AE(B).

Status report filed stating that “as per the orders dated

18.12.2019 of Hon’ble High Court, the properties which

were sealed on the directions of Monitoring Committee and

as per order dated 28.01.2019, same can be challenged

before the Hon’ble Supreme Court.”

At request of Ld. counsel for the respondent adjourned for

challenging of the order dated 16.01.2018 of this Tribunal.

Be now listed for further proceedings in the matter on

23.03.2020.

The concerned official to be present on the date fixed.



A.No. 846/19 and 847/19. 19.02.2020 Present : Sh. G.R. Verma, Ld, counsel for appellant.

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

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

status report.

Be listed for further proceedings on 06.03.2020.



A.No. 05/20 19.02.2020 Present : Appellant with Ld. counsel Sh. Paritosh Yadav.


Time is sought to file status report and record.

To come up for arguments on 25.03.2020.



A.No. 64/20. 19.02.2020 Present : Appellant with Ld. counsel, Sh. Dhanish.

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

Satish Kumar, JE(B).


Record be deposited in the Registry.

At request of Ld. counsel for appellant, adjourned for

arguments on the interim application on 25.03.2020.

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



A.No. 565/18, 478/18, 477/18 and 479/18. 19.02.2020 Present : Sh. Aman Sarin, Ld. counsel for appellant.

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

Vakalatnama filed on behalf of the appellant.

At request of Ld. counsel for appellant, be listed for filing of

brief synopsis and final arguments on 13.05.2020.

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



A.No. 383/19 19.02.2020 Present : S/Shri Giriraj Subramaniium and Simarpal Singh Sawhney ,

Ld. Counsels for the appellant .

File taken up on an application moved under section 151

CPC for stay.

Notice is issued to the respondent on 28.02.2020.

Process be given Dasti as prayed for.



A.No. 818/19 19.02.2020 Present : Shri Amit Kochar, Ld. Counsel for the appellant .

File taken up on an application moved for early hearing. It is

stated that the appellant has applied for regularization of

third floor but it has been rejected on the grounds that NOC

from the owners of the ground floor was not obtained. It is

further stated that the construction of the third floor is

regularisable. It is further stated that the Hon’ble High Court

in the case No. WPC No. 3637/2013 and CM No.6812/2013

titled Kanwal Sibal V/s New Delhi Municipal Counsel and

Ors has held “the parties owning a single plot may

demarcate their shares and if the ownership of demarcated

shares is recognized and accepted by NDMC, there would

be no requirement for the owners of demarcated shares to

seek the NOC from other co-owners in order enable to them

to carry out the development of their property. thus, the

contention that the building plan must be signed by all

owners by virtue of clause (iv) of the conditions to

paragraph 4.4.3 of MPD-2021 is not sustainable”.

It is further stated that the respondent had already

demolished part of the building of the appellant .The

appellant has now received the notice under section 435 of

the DMC Act on 12.02.2020 and apprehends that the further

demolition action is likely be taken.

Heard.

In view of the submissions, till next date of hearing there will

be interim stay on demolition pursuant to the impugned

order dated 18.12.2019.

Be listed on date fixed i.e. 03.03.2020.

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

appellant as prayed for.



A.No. 19.02.2020 Present : Shri Dalip Rustogi, Ld. Counsel for the appellant .

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

of sealing dated 30.01.2020 alongwith application for stay .

Be checked and registered.

Ld. Counsel for the appellant has placed on record the order

of the Hon’ble High Court passed in Writ Petition No.

1356/2020 titled Sonia Bawa V/s SDMC wherein the

impugned sealing order was stayed for a period of two

weeks to enable the appellant to approach this Tribunal.






Be listed for consideration of the application of interim stay

on 11.03.2020.

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

extended till next date of hearing.

Copy of the order be given Dasti as prayed for.



A.No. 91/20 19.02.2020 Present : Appellant with counsel Shri Ansul Gupta.


of demolition dated 27.01.2020 alongwith application for

stay . Be checked and registered.







on 20.02.2020.

Process be given Dasti as prayed for.



A.No. 86/20 19.02.2020 Present : Appellant with counsel Shri Manobal Gupta.


of sealing alongwith application for stay . It is stated that

the order of sealing has not been supplied by the

respondent. Be checked and registered.







on 30.03.2020.



A.No. 233/19 19.02.2020 Present : Shri Abhinav Sharma, Ld. Counsel for the appellant .

Shri Pritish Sabharwal, Ld. counsel for the respondent .

At request Ld. Counsel for the appellant, adjourned for

arguments on the interim application to 16.03.2020.



A.No. 667/18 19.02.2020 Present : Shri Nitin Ojha, Ld. Counsel for the appellant .

Shri Pritish Sabharwal, Ld. counsel for the respondent .

Shri Pankaj Sharma, Licensing Inspector.

Status report was filed on the date of hearing on 08.01.2020

stating that the subject property can be used for residential

purposes. However, as per para 15.6.3 of the MPD-2021

small shops of maximum 20 sq,. mt. each restricted to

maximum permissible number of dwelling units in the plot or

four numbers whichever is less, are allowed on ground floor

only in residential plot excluding A and B Category of

colonies. However, small shops of maximum 20 sq. mt.

each restricted to maximum permissible number of dwelling

units in the plot or four in number whichever is less trading

in or dealing with specified items/activities existing as on

07.02.2020 may continue on ground floor only in residential

plot in A and B category of colonies but in future only one

small shop of 20 sq. mt. are shall be allowed on ground floor

in a residential area plot in A and B category of colonies.

Ld. Counsel for the appellant states that the appellant is

ready to use the premises for residential purposes and will

move an application in this regard.




A.No. 135/17 19.02.2020 Present : Shri Praveen Sharma, Ld. proxy Counsel for the appellant .

Shri Nitin Shokeen, Ld. proxy counsel for the respondent .

At joint request, adjourned for final arguments on

08.07.2020.

Parties are directed to file brief synopsis.





Sh. Shashikant Sharma, Ld. counsel for the respondent .

Shri Rajeev Garg, ALO.

Appellant seeks adjournment as his counsel is not available.

Be listed for final arguments on 26.05.2020.



A.No. 729/17 and 730/17 19.02.2020 Present : Shri Jitender Verma, Ld. Counsel for the appellant .

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

Respondent is directed to file status report in terms of order

dated 24.09.2018.

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

Be listed for filing of status report on 17.03.2020.

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

respondent as prayed for.



A.No. 327/18 19.02.2020 Present : Shri Ansul, Ld. proxy Counsel for the appellant .

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

Fresh Vakalatnama filed on behalf of the respondent.

Ld. Counsel for the appellant has filed receipt of cost

imposed vide order dated 13.03.2019.

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

final arguments to 07.07.2020.




A.No. 970/17 19.02.2020 Present : Appellant with counsel Shri Upender Gupta.

Sh. Shashikant Sharma, counsel for the respondent

Appellant is directed to file brief synopsis.

Be listed for final arguments with the connected appeal on

19.05.2020.



A.No. 334/17 and 721/16 19.02.2020 Present : Shri R.K. Solanki, Ld. Counsel for the appellant .

Sh. Shashikant Sharma counsel for the respondent.

Ld. counsel for the appellant seeks time to file brief

synopsis.





A.No. 615/16 and 636/16 19.02.2020 Present : Appellant in person.

Sh. Shashikant Sharma, counsel for the respondent.

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

Appellant seeks adjournment as her counsel is not available

today.





A.No. 838/17 and 281/14 19.02.2020 Present : Shri M. Hussain, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, counsel for the respondent .

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

Ld. Counsel for the appellant seeks time to file affidavit of

legal hear Ms. Shuchi Verma.

At request arguments on the application under order 22

Rule 3 CPC on 01.05.2020.



A.No. 50/16,282/14 and 409/15 19.02.2020 Present : Shri M. Hussain, Ld. Counsel for the appellant .

Sh. Shashikant Sharma, counsel for the respondent .

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

Be listed for filing brief synopsis and final arguments with

the connected appeals on 01.05.2020.



A.No. 847/14 19.02.2020 Present : Shri Vimal Dhingra, Ld. Counsel for the appellant.

As two regular stenographers are on leave, moreover, I am

also busy in dictation of a time bound case, No time left.

Be listed for arguments/orders on 16.03.2020



A.No. 1006/14 19.02.2020 Present : None for parties.

Two regular stenographers on leave. Moreover, I am busy

in dictation of a time bound case, No time left.

Be listed for arguments/orders on 19.03.2020





Shri Ashok Kumar, Licensing Inspector.

Statement of Licensing Inspector recorded.

At request of appellant, be listed for arguments on

16.03.2020.



A.No. 82/20. 19.02.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

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

Memo of appearance filed on behalf of respondent.

Time is sought to file record.

1. This is an appeal against the order of demolition dated

13.01.2020.

2. Ld. Counsel for appellant has pressed the application for

interim stay on the ground that otherwise the appeal will

become infructuous.

3. The submissions made are that appellant is the owner

of ground floor of property bearing No. 4356, Jogiwara,

Chandni Chowk, Delhi having purchased the same vide

Sale Deed dated 08.01.2020. It is further stated that the

appellant had purchased the built up property and the

construction is an old one. It is further stated that the

property was also assessed to house tax in the year

2002, the assessment order shows the existence of

three rooms on the ground floor. It is also stated that

the respondent has also issued notice u/s. 345 A DMC,

the appellant has filed the reply to the same. It is further

stated that no show cause notice u/s. 343 DMC was

served upon the appellant nor any opportunity of

personal hearing was afforded to her. It is further stated

that the property in question is protected under the Delhi

Laws (Special Provisions) Act, 2011 as amended and

extended till 31.12.2020 which provides that no action

for removal of unauthorized construction which came up

before 01.01.2006 can be taken either by MCD or DDA

irrespective of any order passed by any court.

4. I have heard and considered the submissions made by

Ld. counsel for parties. Keeping in view that time is

being sought to file status report and record, thus in the

abovesaid facts and circumstances of the case,

respondent is restrained from taking demolition action in

the property in question bearing No. 4356, Jogiwara,

Chandni Chowk, Delhi till next date of hearing pursuant

to the impugned demolition order dated 13.01.2020.

5. 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.

6. 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.

7. Copy of the affidavit will be provided to concerned AE(B)

by the appellant, who shall verify whether details of


8. 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.

9. Be listed for filing of status report on 22.04.2020.

10. A copy of the order be given Dasti to counsels for

parties, as prayed for.

(POONAM CHAUDHRY)

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

19.02.2020

A.No. 848/19. 19.02.2020 Present : Ms. Priyanka Kapoor, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for EDMC with Sh. Raju,

AE(B).

Status report filed stating that as deviations have been carried

out against Sanctioned Building Plan in the shape of

basement, ground floor and by amalgamation of two different

parts with common staircase, show cause notice was issued

u/s. 343 DMC but no reply was received as such demolition

order was passed on 29.08.2019. It is also stated that sealing

action was also initiated and after following due process of law,

the property was sealed on 27.11.2019.

Section 343 provides for passing orders for demolition or

stoppage of building work on the ground that it has been

completed without or contrary to the sanctioned plan. Section

344 provides for an order being passed for stoppage of

building work in certain circumstances.

Section345A provides that action can be taken under this

section before or after passing an order of demolition u/s. 343

or 344 of the Act.

It has been held by Hon’ble High Court of Delhi in Ahuja

Property and Developers P. Ltd. Vs.MCD, 42 1990 DLT 474

that an order passed u/s. 345A is by way of an interim

arrangement so that further mischief or damage cannot be

done. It is to prevent the use of the building which has been

constructed in violation of the law.

Heard, as since the demolition order has not been challenged,

the respondent to take action pursuant to the demolition order

in the property in question in accordance with law.

In the said facts and circumstances, no ground is made out for

interim stay, the application stands dismissed.

Be listed for filing of record and for final arguments on

29.04.2020.



A.No. 41/20. 19.02.2020 Present : Appellant with Ld. counsel, Sh. Parikshit Mahipal, LAC.

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



Ld. counsel for appellant seeks time to file documents to

show that the construction in the property in question exists

since more than 60 years and is protected under the NCT of

Delhi Laws (Special Provisions) Act, 2011 amended and

extended upto 31.12.2020. It is also stated that demolition

action has been taken at Jaal area. It is further submitted

that the permission has been granted to appellant by the

respondent to carry out the repairs vide letter dated

20.02.2018.

As per status report filed by the respondent, the demolition

action has been taken in the open courtyard. Photographs

filed with status report.

I have heard and considered the submissions made by Ld.

counsel for parties.

Keeping in view the facts and circumstances of the case, as

permission to carry out repairs of damaged roof was

granted by respondent, and appellant is owner of ground

floor only, respondent is restrained from taking further

demolition action in the property in question bearing H.No.

659, Chandni Mahal, Darya Ganj, Delhi-110002 till next date

of hearing, pursuant to the impugned demolition order dated

09.01.2020.

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





Copy of the affidavit will be provided to concerned AE(B) by

the appellant, who shall verify whether details of


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.




A.No. 462/15 19.02.2020 Present : Sh. Kaushal Kishore Mishra, counsel for appellant


Sh. V. K. Mantoo, Dy. Law Officer

Sh. V. K. Gupta, AE (B)

Ld. counsel for respondent states that property in question

falls in an unauthorized colony, proposed to be regularized

by GNCTD. Ld. counsel for respondent further states that till

the regularization plan is not received from GNCTD the

purpose for which property can be used cannot be

ascertained, and a report in this regard cannot be filed.

Be listed on 20.07.2020 for further proceedings.



A.No. 250/19 19.02.2020 Present : Sh. Sh. Devender Mor, Ld. counsel for appellant

Ms. Vidhi, Ld. Proxy counsel for respondent

Sh. Rajiv Garg, ALO

Written submissions filed on behalf of respondent.

Copy supplied.

At request of Ld. counsel for respondent adjourned for filing

of case law and final arguments to 16.03.2020.



A.No. 881/18 19.02.2020 Present : None for appellant.


Listed for further proceedings on 02.06.2020



A.No. 788/16 19.02.2020 Present : Sh. Shantanu Singh, Ld. counsel for appellant


At request of Ld. counsel for appellant adjourned for

arguments on the application for substitution of legal heirs of

appellant to 09.07.2020.



A.No. 359/18 19.02.2020 Present : Sh. Mahesh Israr, Ld. Proxy counsel for appellant

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

At joint request adjourned for final arguments to 03.07.2020.




A.No. 678/18 19.02.2020 Present : Sh. Prashant Sharma, Ld. counsel for appellant

Sh. Satyam Kharbanda, Ld. proxy counsel for respondent

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

Be listed on 16.03.2020 for arguments.



A.No. 509/19 19.02.2020 Present : Sh. A. Ansari, Ld. counsel for appellant

Sh. S. A. Husain, Ld. counsel for respondent

Ld. counsel for appellant seeks more time to file documents

of title.

At request adjourned for arguments on interim application

on 24.03.2020.




Sh. Pritish Sabharwal, Ld. counsel for respondent

Status report filed stating that on receiving complaint the

property was inspected and it was found that unauthorized

construction existed in the shape of ground floor to second

floor. Accordingly, vide file No.237/UC/B-II/SZ/17 dated

17.07.2017, action u/s 343 & 344 of DMC Act was initiated.

Thereafter, demolition order has been passed.

The property found was residentially occupied upto part fifth

floor. As the owner/occupier has further raised unauthorized

construction in the shape of third floor, fourth floor and part

fifth floor vide file No.95/UC/B-I/SZ/19 dt. 29.02.201, action

u/s 343 & 344 of DMC was further been initiated. Thereafter

demolition order has been passed.

Ld. counsel for respondent has placed on record order of

Hon’ble High Court of Delhi passed in Writ Petition(C)

6093/2019, Rajender Sharma & Anr. Vs. South Delhi

Municipal Corporation and Ors. directing the SDMC to take

action in the property in question expeditiously preferably

within three months.

The action taken report be filed on the next date of hearing.

Be listed on 03.04.2020.

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



A.No. 225/17 & 226/17 19.02.2020 Present : Sh. D. D. Mishra, Ld. counsel for appellant


At request of Ld. counsel for respondent adjourned for final

arguments as main counsel is busy in mediation training.

AE (B) to be present on next date of hearing 08.04.2020.




A.No. 588/19 19.02.2020 Present : Sh. Raveen Rao, Ld. counsel for appellant


Ld. counsel for respondent states that he does not wish to

file reply to the application moved for reduction of misuse

charges. The Ld. counsel for respondent states that charges

cannot be reduced as the same have been calculated as

per MPD-2021.

No statutory provisions have been pointed out to consider

the reduction of misuse charges.

Accordingly, application accordingly for reduction of misuse

charges stands dismissed.

Ld. counsel for appellant seeks time to pay the misuse

charges.




A.No. 85/20 19.02.2020 Present : Ms. Parul Verma, Ld. counsel for appellant

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

of sealing dated NIL alongwith application for stay and

condonation of delay. It is stated that the sealing order has

not been provided. Be checked and registered.






Be listed for consideration on the application for stay and

condonation of delay on 26.03.2020



A.No. 156/18 & 157/18 19.02.2020 Present : Sh. G. R. Verma, Ld. counsel for appellant

Ms. Anubha Kaushal, Ld. counsel for respondent

Sh. Nitender Sharma, Ld. counsel for Respondent no. 2

At request of Ld. counsel of MCD adjourned for filing of

status report and final arguments.




A.No. 981/17 19.02.2020 Present : Sh. B. R. Bakshi, Ld. counsel for appellant


Ld. counsel for respondent stated that documents of title

have not been filed. Appellant is directed to file the same

within two weeks with advance copy to the opposite side.




A.No. 817/17 19.02.2020 Present : Appellant with counsel Sh. Soumitra Singhal

Sh. Pritish Sabharwal, Ld. counsel for respondent with

Sh. Faiz Ahmad, AE (B)

Status report filed. Copy supplied.

Written submissions filed on behalf of appellant.

Copy supplied.

Ld. counsel for appellant states, he intends to use the entire

property for residential purpose only, appellant is directed to

file an application with affidavit in this regard.

Be listed for 13.03.2020.




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

Sh. M. Tripathi, Ld. counsel for applicant.

Ld. counsel for appellant states she does not wish to file

reply to the application moved under order 1 Rule 10 CPC.

The counsel for respondent states that complete chain of

title documents and the standard plan of DDA have not

been filed.


Ld. counsel for appellant seeks more time to file the entire

chain of title documents.

To come up for arguments on the application under Order 1

Rule 10 CPC 21.07.2020.

Interim order to continue till next date.





Status report filed on stating that appellant is liable to pay

an amount of Rs.38,430/- towards misuse charges and 10

times penalty.

At request of Ld. counsel for appellant adjourned for taking

instructions / further proceedings to 29.05.2020.



A.No. 830/18 19.02.2020 Present : Appellant in person ...

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