A.No. 937/15 23.05.2019 Present : Sh. K.C. Jha Ld. counsel...

A.No. 937/15 23.05.2019 Present : Sh. K.C. Jha Ld. counsel for appellant .

Sh. Amit Kumar proxy counsel for respondent .

None for DDA.

Notification conferring powers has not been received..

Be listed for final arguments on 30.09.2019.

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

Appellate Tribunal:MCD 23.05.2019

A.No. 634/18 23.05.2019 Present : None for appellant.

Sh. Shashikant Sharma, proxy counsel for MCD .

Notification conferring powers has not been received.

Time is sought to file action taken report in terms of the

sealing order dated 17.07.2018. AE(B) to remain present on

the next date with status report.

Be listed on 13.09.2019.



A.No. 29-SCM-13 23.05.2019 Present : Sh. Raj Mangal Kumar proxy Ld. counsel for appellant .

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

Ms. Dipti Dogra counsel for DDA.


Status report filed by DDA stating that SDMC has not

forwarded the agenda to the Planning Department Zone of

DDA. The proposal will be placed before Technical

Committee DDA as and when it is received. Property has

been sealed on the direction of Monitoring Committee.

Status report has been filed by MCD stating that the matter

has been forwarded to the Chief Town Planner, SDMC to

refer the case to the Commissioner /Planning (DDA) to

place it before the Technical Committee of the DDA for

consideration and decision .

Be listed for filing of status report by technical committee

DDA on 26.08.2019.

Notice be issued to Monitoring Committee.




Ms.Renu Soni Nodal Officer.SDMC.


Be listed for further proceedings on 03.10.2019.



A.No. 134/19. 23.05.2019 Present : Sh. S.K. Verma Ld. counsel for appellant .

Ms. Renu Soni Nodal Officer, SDMC.


Status report not filed. Time is sought to file the status

report . Show cause notice be issued to issued to EE(B)

concerned. The Deputy Commissioner concerned to appear

on the next date of hearing in case status report is not filed.

The record of the proceedings be deposited with the

Registrar.

Be listed for arguments on the application for stay and

condonation of delay on 01.07.2019.



A.No. 135/19. 23.05.2019 Present : Sh. S.K. Verma Ld. counsel for appellant .

Ms. Renu Soni Nodal Officer, SDMC.


Status report not filed. Time is sought to file the status

report . Show cause notice be issued to issued to EE(B)

concerned. The Deputy Commissioner concerned to appear

on the next date of hearing in case status report is not filed.

The record of the proceedings be deposited with the

Registrar.




A.No. 183/17. 23.05.2019 Present : Sh.Fahiz Imtiyaz proxy Ld. counsel for appellant .

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

Ms.Vibha Mahajan counsel for respondent No.2.


Ld. counsel for applicant has placed on record a copy of

order of Hon’ble High Court passed in Writ Petition (C) No.

9107/17 Sarla Sachdev Vs. North DMC and Another

wherein direction has been given to decide the appeal

before 31.08.2019.




A.No. 195/17. 23.05.2019 Present : Sh.Fahiz Imtiyaz proxy Ld. counsel for appellant .

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

Ms.Vibha Mahajan counsel for respondent No.2.


As per report received from Mediation Centre matter could

not be settled.


Interim order to continue till next date.



A.No. 08/2019. 23.05.2019 Present : Husband of the Appellant alongwith Sh. Radha Singh Ld.

counsel for appellant .

Sh. H.R. Aggarwal, counsel for MCD


Vekalatnama filed. Status report filed stating that the

property in question was sealed on 31.10.2018 in

compliance of the orders of the Hon’ble Supreme Court in

MC Mehta V/s UOI and Ors as during survey/inspection an

industrial unit was found running in the said premises in

violation of the orders of the Honble Supreme Court. As per

record provided by DSIDC, alternative industrial plot has

been allotted against the property in question. It is further

submitted that the Hon’ble Tribunal lacks jurisdiction to

entertain the appeal in question as the matter is already sub

judice before the apex court.

Be listed for filing of objection and arguments on

08.08.2019.



A.No. 274/19. 23.05.2019 Present : Sh. Amardeep proxy Ld. counsel for appellant .

Sh. Dharamvir Gupta, counsel for MCD .


Appeal filed under section 374 B against the order of

sealing proceedings.

Notice issued to the respondent to file the status report.

Record of proceedings be deposited with the Registrar.

Be listed for arguments / further proceedings on 31.05.2019.

A copy of order of Hon’ble High Court passed in Writ

Petition (C) No. No.4744/2019 filed. Interim protection has

been granted to appellant /petitioner till appeal and

application for stay are decided by this Tribunal.

Be listed for arguments on application for stay on

31.05.2019.



A.No. 275/19. 23.05.2019 Present : Sh. Amardeep Khatri Ld. counsel for appellant

Sh. Dharamvir Gupta, counsel for MCD .


Vekalatnama filed on behalf of the respondent.

Time is sought to file the status report. Record be deposited

with the Registrar.

Ld. counsel for appellant states that the demolition order

had been challenged by way of writ petition (C) No.

4744/2019 CM NO. 21105/2019, titled Faisal Meharbaan

V/s North DMC. However, since the Ld. counsel for

respondent submitted before Hon’ble High Court that the

petitioner has already approached the AT/MCD by way of

an appeal and ATMCD had started functioning, the

appellant / petitioner was relegated to the ATMCD and

ATMCD was directed to decide the appeal /stay application

without being influenced by the protection granted in the

Writ Petition. The stay granted in the Writ Petition was to

continue till the decision of application for stay by this

Tribunal.

Ld. counsel of the petitioner seeks time to revive the writ

petition as notification conferring powers have not been

received by the Tribunal.

The North DMC to file the status report. The EE(B)

concerned to be present on next date of hearing .

Be listed for arguments on the application of stay /further

proceedings on 31.05.2019.

A copy of the order be given dasti to the counsel for

appellant, as prayed for.



A.No. 300/18 23.05.2019 Present : Sh. Dalip Rastogi, counsel for appellant.

Sh. A.L. Agnihotri, counsel for North DMC.


Ld. counsel for appellant states that he has moved an

application for re-opening of the regularization on

01.03.2018 which is pending consideration.

Respondent is directed to file a status report regarding the

decision taken on the said application.




A.No. 873/17 23.05.2019 Present : Sh. Ankur Gupta, Ld. counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD.


Ld. counsel for appellant submits that appeal is to be

withdrawn.

Be listed for withdrawal of the appeal on 08.07.2019.

Appellant to be present on next date.



A.No. 121/18 & 122/18 23.05.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Jagjit Proxy counsel for SDMC.


Be awaited for the order of the Ld. Appellate Court and

further proceedings on 29.08.2019.



M. in A.No. 572/18 & 573/18 23.05.2019 Present : Sh. Manish Kumar, Ld. counsel for appellant.

Sh. Madan Sagar, Ld. counsel for respondent with Sh. R.C.

Sharma, AE(B).


Status report filed.

Be listed for further proceedings / consideration of report on

11.011.2019.



A.No. 434/18 23.05.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for SDMC.


Status report filed, copy supplied.

Reply to the application u/s 5 of the Limitation Act also filed,

copy of the same supplied.





A.No. 931/18 23.05.2019 Present : Sh. G.R. Verma, Ld. counsel for appellant.

Ms. Anubha Kaushal, counsel for SDMC.


Time is sought to file status report.

Be listed for filing of the status report, record of the

proceeding and arguments on 13.08.2019.



A.No. 11/19 23.05.2019 Present : Sh. Murari Tiwari, Ld. counsel for appellant.

Sh. Prateek Chauhan, Ld. Counsel for SDMC.


Time is sought to file status report. Record be also

deposited with the Registrar.





A.No. 981/17 23.05.2019 Present : Sh. B.R. Bakshi, Ld. counsel for appellant.

Sh. V.K. Aggarwal, proxy counsel for EDMC.


Be listed for arguments on the application under order 6

Rule 17 CPC on 26.08.2019.



A.No. 909/18 23.05.2019 Present : Ms. Shefali Patiyal, Ld. counsel for appellant.

Be awaited for appearance of the respondent.

To come up at 2.00 p.m.



2.30 p.m. Present : Ms. Shefali Patiyal, Ld. counsel for appellant.

None for the respondent.

Be listed for arguments on the application for amendment

on 23.07.2019.



A.No. 669/13 23.05.2019 Present : None for the appellant.

Sh. V.K. Aggarwal and Sh. A.L. Agnihotri, counsel for

EDMC.





A.No. 112/19 23.05.2019 Present : Sh. Sher Afgan, Ld. counsel for appellant.

Sh. Dharamvir Gupta, counsel for North DMC.

Sh. R.Y. Kalia, counsel for applicant.


Application moved by applicant under order 1 Rule 10 CPC,

copy be supplied to the ld. counsel for appellant and

respondent.

Be listed for reply and arguments on the application under

Order 1 Rule 10 CPC and stay on 04.10.2019.







Application moved by applicant under order 1 Rule 10 CPC,

copy be supplied to the ld. counsel for appellant and

respondent.

Be listed for reply and arguments on the applications for

stay and under Order 1 Rule 10 CPC on 04.10.2019.







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

Application moved under order 1 Rule 10 CPC, copy be

supplied to the ld. counsel for appellant and respondent.

Status report not filed.

Be listed for reply and arguments on the application on

19.08.2019.




Sh. K.K. Arora, Ld.counsel for North DMC.

Mohd. Ilahi, counsel for applicant Mohd. Hanif.

Sh. Faiz Ahmad, counsel for Delhi Waqf Board.


Ld. counsel for North DMC states that the complete copy of

the application under order 1 Rule 10 filed by the applicant

Mohd. Hanif has not been supplied and the copy of the

application under order 1 Rule 10 CPC filed by Delhi Wakf

Board has also not been supplied, the same be supplied

during the course of the day.

Be listed for reply and arguments on the applications

14.10.2019.




A.No. 612/17 23.05.2019 Present : Ms. Shikha, proxy counsel for appellant.







Sh. Abhar Jain, Ld. counsel for respondent.

Vakalatnama on behalf of respondent filed.


Status report filed, copy be kept on record to be supplied to

the opposite party.




A.No. 555/13 23.05.2019 Present : Sh. Rakesh Anand. Ld. counsel for LRs of appellant.

Sh. Shashikant Sharma, counsel for SDMC.


An application has been filed under Order XXII Rule 3 CPC,

copy of the same be supplied.

Heard, as the applicant is within time, the same is allowed.

The LRs are substituted in place of the deceased appellant.

Amended memo of parties be filed.

An application moved for exemption from personal

appearance on behalf of Commissioner, SDMC, heard, in

view of the submissions made, he is exempted for today.

Status report filed today, copy has been supplied to Ld.

counsel for appellant, one original set has been placed on

record in the appeal no. 518/13 and photocopies have been

filed in the connected appeals.

Be listed for consideration of the report and arguments on

16.07.2019.



A.No. 293/19 23.05.2019 Present : Ms. Ashu Arora, Ld. counsel for appellant.

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

proceedings alongwith application for desealing. 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 / consideration on 03.07.2019.



A.No. 447/17 23.05.2019 Present : Sh. Sanjeev Ralli, Ld. counsel for appellant.

File taken on the application moved on behalf of the

appellant for condonation of delay in filing the affidavit in

terms of the order dated 12.03.2019.

Notice of the application be issued to the respondent No.1,

North DMC through counsel for 04.06.2019.

Process be given dasti, as prayed for.



A.No. 445/17. 23.05.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant

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


Ld. counsel for respondent seeks time to take instructions

and to file further status report as to whether the respondent

acquiring the land in future road widening of plot for

widening of the entire roads.





A.No. 444/17. 23.05.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant



Ld. counsel for respondent seeks time to take instructions

and to file further status report regarding acquiring the land

in future road widening of his plot for widening of the entire

roads.

Be listed for further proceedings/ arguments on 08.11.2019.




A.No. 72/19. 23.05.2019 Present : Sh. Manak Budhiraja, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC with AE(B)

Sh. Brij Kishore.


Ld. counsel for appellant states that the SDMC has wrongly

taken action against his property.

Ld. counsel for respondent states that inspection is to be

carried out by the AE concerned to ascertain particulars of

the property in question of this appeal and thereafter status

report will be filed as it is the grievance of the appellant that

his property has been wrongly sealed.

AE(B) to conduct the inspection in the presence of the

appellant on 27.05.2019 at 2.00 pm and status report be

filed thereafter.

Record of the proceedings be also deposited with the

Registrar.

Be listed for further proceedings / arguments on 03.07.2019.

A copy of the order be given dasti to Ld. counsels for the

parties, as prayed for.



M.No. 01/19. 23.05.2019 Present : Appellant with Ld. counsel, Sh. I.A. Khan.

Sh. Raj Kumar, non-applicant in person.

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


Reply filed by the non-applicant / respondent, Raj Kumar,

copy supplied.

Be listed for filing of rejoinder and arguments on

27.08.2019.



A.No. 819/18. 23.05.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.


At request of Ld. counsel for appellant, adjourned to

04.10.2019 as the sealing order is to be obtained from

respondent / North DMC.



A.No. 158/18. 23.05.2019 Present : None for appellant.



More time is sought to file status report.

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




M.No. 101/16. 23.05.2019 Present : None for appellant.

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


Status report filed stating that due to non availability of

police force the demolition and sealing action could not be

executed. It is further stated that the SDMC has now

planned to undertake demolition and sealing action in the

month of June.

Be listed for filing of status report on 23.09.2019.



M.No. 102/16. 23.05.2019 Present : None for appellant.



Status report filed stating that due to non availability of

police force the demolition and sealing action could not be

executed. It is further stated that the SDMC has now

planned to undertake demolition and sealing action in the

month of June.

Be listed for filing of status report on 23.09.2019.



A.No. 881/18. 23.05.2019 Present : Sh. Prem Joshi, Ld. counsel for appellant.

Sh. V.K. Aggarwal, Ld. counsel for North DM with Sh. R.K.

Sethi, AE(B).


Status report filed stating that in compliance of the

directions of Monitoring Committee the basement of the

property in question no. R-30, Inderpuri was sealed at two

points on 06.02.2018 and report was submitted to the

Monitoring Committee. It is stated that since the property

has been sealed pursuant to the directions of the Monitoring

Committee, this Tribunal has no jurisdiction. A copy of the

status report alongwith documents has been supplied.

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

of objections to 16.10.2019.




Sh. A.L. Agnihotri, Ld. counsel for SDMC.

Sh. Mehul Prasad, Ld. Proxy counsel for Monitoring

Committee.





Status report filed, copy has been supplied to Ld. Counsels

for appellants in the connected appeals, one original set has

been placed on record in the appeal no. 518/13 and

photocopies have been filed in the connected appeals.

Be listed now for consideration of the report and arguments

on 16.07.2019.




Sh. A.L. Agnihotri, Ld. counsel for SDMC.


Committee.










on 16.07.2019.



A.No. 557/13 23.05.2019 Present : Sh. Yakesh Anand and Sh. Varun K. Bala, Ld. counsels for

appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.


Committee.










on 16.07.2019.



A.No. 558/13 23.05.2019 Present : Sh. Yakesh Anand and Sh. Varun K. Bala, Ld. counsels for

appellant.

Sh. Mohit Sharma, Ld. counsel for SDMC.


Committee.










on 16.07.2019.



A.No. 563/13. 23.05.2019 Present : Sh. Yakesh Anand and Sh. Varun K. Bala, Ld. counsels for

appellant.

Sh.Shashi Kant Sharma, Ld. counsel for SDMC.


Committee.










on 16.07.2019.




appellant.

Sh. Shashikant Sharma, Ld. counsel for SDMC.


Committee.










on 16.07.2019.




appellant.



Committee.










on 16.07.2019.





Sh..Mehul Prasad, Ld. Proxy counsel for Monitoring

Committee.










on 16.07.2019.



A.No. 570/13. 23.05.2019 Present : Sh. J.K. Shrivastav, Ld. counsel for appellant.


Sh.Mehul Prasad, Ld. Proxy counsel for Monitoring

Committee.










on 16.07.2019.






Committee.










on 16.07.2019.



A.No. 613/13 23.05.2019 Present : Sh. J.K. Shrivastav, Ld. counsel for appellant.



Committee.










on 16.07.2019.






Committee.










on 16.07.2019.




None for respondent.


Committee.










on 16.07.2019.






Committee.










on 16.07.2019.




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


Ld. counsel for respondent seeks time to file status report of

the application for regularization.

Concerned AE(B) to be present with the status report on

next date.





A.No. 433/16 23.05.2019 Present : Appellant in person.

Sh. Shashikant Sharma, counsel for SDMC with Sh. Ashok

Gupta, AE(B).


Status report filed. Copy supplied.






Sh. V.K. Aggarwal, counsel for EDMC.






A.No. 169/15 23.05.2019 Present : Sh. Amarjeet Singh, Husband of appellant.

Ms. Sudesh Sharma, Ld. counsel for MCD.





A.No. 542/17 23.05.2019 Present : Sh. K.B. Gupta, counsel for appellant.

None for respondent New Delhi Municipal Council.

Sh. Taranjeet Singh, applicant in person.


More time is sought by Ld. counsel for appellant to file reply

to the application moved by the applicant for impleading him

as a party. Copy supplied.

Be listed for reply and arguments on the said application on

11.09.2019.




A.No. 543/17 23.05.2019 Present : Sh. K.B. Gupta, counsel for appellant.

None for respondent New Delhi Municipal Council.

Sh. Taranjeet Singh, applicant in person.


More time is sought by Ld. counsel for appellant to file reply

to the application moved by the applicant for impleading him

as a party. Copy supplied.

Be listed for reply and arguments on the said application on

11.09.2019.



A.No. 705/17 23.05.2019 Present : Appellant with Ld. counsel Sh. Divaker Singh.

Sh. Piyush Goel, Proxy counsel for SDMC.

Intervener Ms. Kavita Gorver with Counsel Sh. Francis Paul.


Written submissions filed by the intervener. Copy be

supplied to Ld. counsel for appellant and respondent

SDMC.

Respondent SDMC is directed to file copy of status report

given in the Hon’ble High Court in Writ Petition (C) No.

2873/2017.





A.No. 229/17 23.05.2019 Present : Sh. Zafar Abbas, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for EDMC with Sh.

Shailender Singh, AE(B).


Status report filed stating that Invalid Notices were issued to

revoke the Sanction Building Plan in respect of property in

question bearing no. 278-279-280-281, Guru Ram Dass

Nagar, Laxmi Nagar, Delhi. The appellant had filed reply to

the same.

It is also stated that file has been sent to Building HQ,

EDMC seeking opinion regarding the validity of Sanction

Building Plan.

Be listed for filing of status report and arguments on

18.10.2019.




A.No. 230/17, 231/17 & 232/17 23.05.2019 Present : Sh. Zafar Abbas, Ld. counsel for appellant.

Sh. Shashikant Sharma, counsel for EDMC with Sh.

Shailender Singh, AE(B).


Status report filed stating that Invalid Notices were issued to

revoke the Sanction Building Plan in respect of property in

question bearing no. 278-279-280-281, Guru Ram Dass

Nagar, Laxmi Nagar, Delhi. The appellant had filed reply to

the same. It is stated that file has been sent to Building HQ,

EDMC seeking opinion regarding the validity of Sanction

Building Plan.

Be listed for filing of status report and arguments on

18.10.2019.



A.No. 1038/16 23.05.2019 Present : Sh. G.R. Verma, counsel for appellant.

Ms. Renu Soni, Nodal Officer for SDMC.


Ld. counsel for appellant states that he has complied with

the requirements of Invalid Notice.

Be listed for filing of status report by the respondent on the

application for regularization and arguments on 01.11.2019.




A.No. 231/18 23.05.2019 Present : Sh. Madan Thakur, counsel for appellant.

Ms. Praveen Sharma, counsel for EDMC.

Sh. Amit Kumar Mittal, counsel for DUSIB (R-4).


Status report filed on behalf of respondent no. 4. Copy be

supplied.

It is stated by Ld. counsel for respondent no. 4 that on

previous date due to inadvertence, photocopy of status

report was filed. Original copy of same has been filed

today.

Copy of status report filed by EDMC has also been supplied

to Ld. counsel for appellant.

Be listed for arguments on the application for stay on

04.07.2019.



A.No. 580/12 23.05.2019 Present : Sh. Gaurav Sharma, counsel for appellant.

Sh. Dharamvir Gupta, counsel for MCD with Sh. Abdul Haq,

Nodal Officer from North DMC.






Sh. Jagjit, Proxy counsel for SDMC.







Sh. Vikas Sharma, Ld. counsel for applicant.


Be listed for further proceedings / final arguments on

06.11.2019.

Interim order granted by Hon’ble High Court in LPA to

continue till disposal of the appeal.





Sh. Vikas Sharma, Ld. counsel for applicant.



06.11.2019.

Interim order granted by Hon’ble High Court in LPA to

continue till disposal of the appeal.



A.No. 251/15 23.05.2019 Present : Sh. S.D. Ansari, counsel for appellant.

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






A.No. 176/12, 111/12, 112/12, 177/12 & 536/11 23.05.2019 Present : Sh. Dalip Rastogi, counsel for appellant.

Ms. Renu Soni, Nodal Officer for Respondent.





A.No. 53/17 23.05.2019 Present : Sh. Rehan Alam, Proxy counsel for appellant.

Sh. A.L. Agnihotri, counsel for North DMC.

Sh. Deepak Kumar Jena, Ld. counsel for applicant.


Be listed for arguments on the application under Order 1

Rule 10 CPC on 30.10.2019.




Sh. Abdul Haq, Nodal Officer from North DMC.




Rule 10 CPC on 30.10.2019.




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




Rule 10 CPC on 30.10.2019.




Sh. Shashikant Sharma, counsel for North DMC.




Rule 10 CPC on 30.10.2019.



A.No. 987/17 & 988/17 23.05.2019 Present : Sh. Deepak Kumar Jena, counsel for appellant.




Rule 10 CPC on 30.10.2019.




Sh. Ashutosh Gupta, counsel for SDMC.



05.09.2019.



A.No. 937/15 23.05.2019 Present : Sh. K.C. Jha Ld. counsel...

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