Misc in A.No. 75/17 Adjournment sought to file vakalatnama...
Transcript of Misc in A.No. 75/17 Adjournment sought to file vakalatnama...
Misc in A.No. 75/17 25.01.2019
Present : Sh. Sandeep Garg, counsel for appellant
alongwith Sh. Narender Kumar, appellant.
Sh. Shashikant Sharma, counsel for MCD.
Adjournment sought to file vakalatnama as well as
application for restoration of appeal.
Status report filed stating that demolition action was
fixed on 22.11.2018 and 17.12.2018 but due to non-
availability of police force demolition action could not be
taken. Next demolition program has been scheduled for
04.02.2019.
Put up this matter for filing action taken report and
further proceedings on 27.03.2019.
Concerned AE(B) is directed to appear in person for
explanation for his inaction.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 296/18
25.01.2019
Present : Appellant in person.
Sh. V.K. Aggarwal, counsel for MCD.
Status report filed stating that after following due
process of law and service of show cause notice, appellant
has not filed any reply to the show cause notice and the
demolition order dated 28.11.2017 was passed and sent
through speed post to Sh. Mayank Jain.
Part demolition action took place on 04.05.2018 at
fourth floor (top floor). Sealing show cause notice was
issued on 02.04.2018 which was sent by way of speed post.
Thereafter, sealing order dated 07.06.2018 was passed.
Sealing action could not be taken on various dates as the
property was found occupied. Vacation notice was issued
on 15.06.2018. Thereafter, property was sealed on
19.06.2018.
On 31.08.2018, the property was desealed and
demolition action took place again at top floor but complete
action could not be taken due to shortage of time. Further
demolition action will be taken in due course of time. Copy
of status report supplied to the appellant.
Appellant seeks adjournment.
Since there is no stay, respondent is at liberty to take
demolition action in pursuance of impugned order because
it is submitted by counsel for respondent that demolition
order is not challenged and the appeal has been filed only
against the sealing show cause notice.
Put up this matter for filing further status report /
action taken report by the respondent on 08.03.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 406/17 25.01.2019
Present : None for appellant.
Sh. K.K. Arora, counsel for MCD.
None for applicant.
Appellant has made a statement on 12.11.2018 for
withdrawal of the appeal.
As per the status report filed on 11.07.2018 in
pursuance of order dated 15.01.2018 of this Tribunal,
Commissioner, SDMC vide order dated 28.03.2018
appointed Dy. Commissioner, West Zone to enquire about
the protection if available in the property in question under
National Capital Territory of Delhi Laws (Special Provisions)
Second (Amendment) Act, 2017 or not.
It is stated that as per the order dated 28.06.2018 of
Dy. Commissioner, the property is protected under National
Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act, 2017 till 31.12.2020 since the benefit of
doubt goes in favour of entire suit property consisting of
ground floor, first floor and second floor.
Copy of order dated 28.06.2018 passed by Dy.
Commissioner, West Zone is annexed.
The said order speaks that there was a direction of
this Tribunal to draw the conclusion whether the property is
protected or not. The protection has been given on the
basis of benefit of doubt holding that it appears to be on the
facts that there was addition / alteration in between the year
2003 and 2010.
The said observations seems to be contrary to the
speaking order passed wherein sealing order dated
03.05.2017 was passed by Dy. Commissioner, West Zone.
A.No. 406/17 - 2 -
The conclusion by Dy. Commissioner, West Zone in
the order dated 28.06.2018 shows that the speaking order
dated 03.05.2017 was passed without considering the entire
facts and circumstances. The said anomaly needs to be
explained by Dy. Commissioner.
Concerned Dy. Commissioner is directed to appear
in person for clarification.
Copy of order be given Dasti to counsel for
respondent for placing the same before concerned Dy.
Commissioner for information and compliance.
Put up this matter for further proceedings on
27.03.2019 at 2.00 pm.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 544/12 25.01.2019
Present : Sh. Ajay Kumar, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD alongwith
Sh. D.P. Sharma, AE(B).
Status report in compliance of order dated
12.11.2018 filed stating that as per the record submitted by
building department, the comprehensive demolition action
have been taken against the unauthorized construction in
the property in question. Further demolition action is still
pending against the remaining portion of the structure.
Adjournment sought to file status report regarding
complete action taken alongwith photographs.
Ld. counsel for appellant pointed out that the
appellant has already moved an application for withdrawal
of the appeal.
Let the appellant be remain present for withdrawal of
the appeal on next date of hearing.
Put up this matter for filing status report by the
respondent and withdrawal of the appeal on 02.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 1139/13 to 1143/13 25.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Ms. Jaya Goel, counsel for DDA.
Sh. Manish Tanwar, counsel for R-3.
Sh. S. Yadav, proxy counsel for R-4 (L&DO).
Sh. Sudhakar, SDM, Hauz Khas alongwith Sh.
Azhar Ahmad, Kanoongo.
SDM, Hauz Khas has filed status report stating that
in pursuance of the directions of this Tribunal, the Moka
Milan was done on 18.12.2018 in the presence of all
concerned and after that the demarcation map has also
been provided to DDA by the Surveyor namely M/s Intech
Engineer Pvt. Ltd.
Status report signed by Sh. Raj Kumar, Tehsildar,
DDA filed stating that on 18.12.2018, the draft demarcation
report submitted by Intech Engineers was perused and
some deficiencies were found and the said draft was
returned to carry out those corrects.
The said draft was returned on 21.01.2019 by
Revenue Officials, Hauz Khas to DDA officials for checking
the same on the grounds.
It is further stated that the said draft plan is to be
checked in the presence of Intech Engineers alongwith
revenue staff of the DDA. All concerned including SDM,
Tehsildar, DDA and M/s Intech Engineers are directed to
carry out.
Joint Inspection in that regard be carried out on
07.02.2019 at 11.00 pm. The said status report will be filed
positively by next date of hearing.
Put up this matter for filing status report and
arguments on 27.02.2019.
A.No. 1139/13 to 1143/13 - 2 -
Copy of order be given Dasti to all concerned for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
12.00 Noon
File taken up again at the request of Sh. Sushil
Kumar Sikerwar, Proprietor of M/s Intech Engineers. He
filed status report and apprised the proceedings.
Copy of order be given Dasti for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 124/15 25.01.2019
Present : Sh. Mayank Bhargav, counsel for appellant.
Ms. Nagina Jain, counsel for MCD.
None for respondent no. 2.
Reply to the appeal has not been filed by R-2.
Put up this matter for arguments on 23.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 532/18 25.01.2019
Present : None for appellant.
Sh. Ranjit Pandey, counsel for MCD alongwith
Sh. Anurag Sharma, JE(B).
Status report filed by JE(B) stating that property was
desealed on 03.12.2018 for 15 days to enable the appellant
to carry out rectification in compliance of order dated
12.11.2018. Appellant has partly punctured the fourth floor
roof i.e. two panels. The unauthorized construction booked
by the North DMC has not been completely demolished by
the appellant.
It was clarified in the order dated 12.11.2018 itself, in
case, the appellant does not take steps to demolish the
entire structure within 15 days, the respondent is at liberty to
take demolition action in pursuance of impugned order
challenged herein. What prevented the respondent to take
that action and why the status report is silent in that regard?
Put up this matter for filing further status report in
compliance of said order under the hand and signature of
Dy. Commissioner concerned on 02.04.2019.
The property can be desealed for the purpose of
carry out demolition proceedings as per the convenience of
concerned AE(B).
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 52/19 25.01.2019
Present : Sh. Ashim Shridhar, counsel for appellant.
Fresh appeal has been filed against the demolition
order as well as rejection order dated 25.10.2018 and
18.10.2018 respectively.
Adjournment sought to move application seeking
condonation of delay.
Ld. counsel for appellant submitted that appellant
seeks to challenge the rejection order dated 18.10.2018 in
the present appeal. Statement of counsel for appellant has
been recorded in this regard separately.
In view of the statement of counsel for appellant, let
the notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear in person and file entire record of the
proceedings, reply and status report of the appeal on the
date fixed.
Put up this matter on 20.02.2019.
Copy of order be given Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 50/19 25.01.2019
Present : Sh. K.B. Gupta, counsel for appellant.
The present appeal has been instituted under section
254(1) of NDMC ACT 1994 challenging the order dated
26.12.2018 under section of 250 of NDMC Act. In the said
order, there is a mention that the Hon’ble Monitoring
Committee vide orders dated 26.11.2018 has directed to
seal the property till further orders.
The said observation in the order invoke the
question of jurisdiction of this tribunal in this case.
Ld. counsel for appellant submitted that the said
order of Monitoring Committee is not supplied and in case
there was any order/directions by the Monitoring
Committee, there is no requirement of passing of order
under section 250 of NDMC Act.
At the request of counsel for appellant subject to
maintainability of appeal before this tribunal, let the limited
notice of the appeal and application be issued to the
respondent through Chairperson. AE is directed to appear in
person and file entire record including the order of Hon’ble
Monitoring Committee because the appeal against the
demolition order qua same property is already pending
before this Tribunal and is listed for 11.03.2019.
The said case file bearing appeal No. 263/17 be also
attached /taken up on the said date.
Put up this matter on 11.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 56/19 25.01.2019
Present : Ms. Radha Singh, counsel for appellant.
Fresh appeal has been filed against the sealing order
dated 07.12.2017.
On filing of application seeking condonation of delay,
notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear in person and file entire record of the
proceedings, reply and status report of the appeal on the
date fixed.
Put up this matter on 02.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 813/14 25.01.2019
Present : None for appellant.
Sh. Vikas Aggarwal, counsel for applicant
alongwith applicant.
The appeal was instituted against the order dated
25.09.2014 u/s 345-A of DMC Act. The sealing proceedings in
this case were initiated on 25.08.2010 on account of booking of
the property for unauthorized construction.
Status report has already been filed by the respondent
stating that the alleged unauthorized construction by way of
removal of non appearing walls has already been came to an end
because of those walls has been restored by the appellant.
It is not clear whether any demolition order in this case
was passed on account of booking of the property vide file no.
139/C-69/B/UC/CLZ/2010 dated 25.08.2010. The appellant has
already sold the property subject matter of the present appeal to
the applicant and a joint application was moved by the applicant
as well as appellant before this Tribunal.
It is further stated that the appellant is presently using the
property for residential purpose notwithstanding abuts on notified
Mixed Land Use Street / road.
Concerned AE(B), Sh. B.P. Singh is directed to appear in
person for making the statement with regard to no action is called
with respect the property in question in pursuance of the booking
for unauthorized construction as well as with respect to sealing
order dated 25.09.2014.
The appellant is also directed to appear in person for
making the statement for disposal of the present appeal after the
statement of concerned AE(B).
Put up this matter for that purpose and further
proceedings on 31.01.2019.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 26/19
25.01.2019
Present : Sh. O.P. Verma, counsel for appellant.
Sh. Abdul Haq, Nodal Officer, NDMC.
Dasti notice was served on 22.01.2019.
AE(B) is absent. Record not produced.
At request of the Nodal Officer, put up again.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
11.00 AM
Present : Sh. O.P. Verma, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Original record produced.
It is stated that service of show cause notice is not
affected in the Law Department as the same has been
affected in the zone.
Adjournment sought to file status report.
Ld. counsel for appellant pointed out that an anomaly
and mistake in the speaking order as well as show cause
notice on account of giving false number of property.
Respondent is directed to file detailed status report
and reply to the appeal.
Respondent is further directed to clarify the anomaly
shows in show cause notice as well as in the speaking order
with regard to serial number of the property mentioned in
the heritage list.
Put up this matter for filing status report by the
respondent and arguments on 04.02.2019.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 899/18 25.01.2019
Present : Sh. Kamaldeep Singh, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Vakalatnama on behalf of respondent filed.
Record produced. Let the same be deposited with
the Registrar of this Tribunal.
Status report not filed. AE(B) is absent.
Counsel for appellant has produced an order dated
21.03.2013 regarding the previous booking dated
28.012013 wherein protection was given to the
unauthorized construction in the premises of the appellant
which consisted of ground floor, first floor, second floor and
third floor and one room on fourth floor alongwith projection
on municipal land on each floor.
The present booking has been done on 16.11.2018
in continuation of the previous booking No.14 dated
28.01.2013 for unauthorized construction in the shape of
verandah (covered) adjoining to existing room and one toilet
in projection at fourth floor.
The record pertain to the previous booking and
protection granted to the unauthorized construction is not
filed.
Counsel for appellant stated that appellant has
applied for regularization of the property in the year 2012
and the said record be also requisitioned.
The order submitted by the counsel for appellant
dated 21.03.2013 shows that one room at fourth floor was in
existence at the time of protection granted to the property
but in Para -4 of the reply submitted to the show cause
notice there is mention of one room and verandah on the
fourth floor alongwith toilet and bath which is contrary to the
previous booking and there seems to be change in
structure.
A.No. 899/18
Respondent is directed to produce the entire record
of the previous booking, regularization application, if any.
Put up this matter for filing of status report, record of
the previous booking and regularization application by the
respondent and arguments on 15.03.2019.
AE(B) concerned to remain present on next date of
hearing and the status report be filed under the hand and
signature of the Dy. Commissioner concerned.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 750/18 25.01.2019
Present : Sh. Rajesh Gupta, counsel for appellant.
Sh. Amit Kumar, counsel for respondent.
Status report in compliance of the order dated
14.01.2019 not filed, however, the status report filed today
shows that the proposal of the appellant for regularization of
the construction is pending consideration with the SDMC.
It is also stated that some proceedings are pending in
the High Court in contempt application (Civil) No.163/18 in
CM Appl. 8771/18 listed on 08.02.2019 before the Hon’ble
High Court.
The appellant may clarify with regard to the pending
proceedings in the High Court.
Put up for filing status report in compliance of the
order dated 14.01.2019 on 08.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 624/18 25.01.2019
Present : Sh. Nirmit Gaur, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD with
Sh. Anil Kumar, L.I.
Vakalatnama on behalf of respondent filed.
Status report filed stating that the property was
sealed at the direction received from the Factory Licensing
Department North DMC without serving any show cause
notice and sealing orders as the premises was in the list of
DSIDC to whom alternative plots were allotted.
The respondent is however, directed to clarify
whether the present property is subject matter of the
affidavit filed by the Commissioner, MCD before the Hon’ble
Supreme Court or not.
Respondent is further directed to calculate misuse
charges, if any and provide advance copy of the calculation
to the appellant who shall take necessary steps in that
regard. For that purpose respondent is at liberty to deseal
the property in question and thereafter reseal the same on
the same day.
Put up for clarification/ status report /statement of
misuse charges /penalty charges on 08.03.2019.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
M. in A.No. 437/17 25.01.2019
Present : None for the appellant.
Sh. V.K. Aggarwal, counsel for MCD.
alongwith Sh. A.K. Sinha, AE(B).
Status report filed shows that demolition action has
not been taken on various dates due to shortage of time or
due to non availability of police force as property was
stated to be occupied.
The status report does not speaks of any vacation
notice has ever been issued by the respondent.
Further demolition and sealing action was fixed on
23.01.2019 but the same could not be taken due to non
availability of the police force.
Since no vacation notice has been issued, therefore,
it seems that only formality is being done by the respondent
and no serious action is taken because if the property is
fully occupied, issuance of vacation notice is must.
Dy. Commissioner concerned to appear in person for
explanation on date fixed.
Put up for filing action taken report under the hand
and signature of the Dy. Commissioner concerned on
15.03.2019. Copy of the order be given Dasti to both the
parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 139/15 25.01.2019
Present : Sh. Anil Sethi, counsel for appellant.
Sh. Sanjeev Kr. Yadav, counsel for
respondent.
Status report not filed.
Adjournment sought to file the same.
Concerned AE(B) to remain present on next date.
Put up this matter for filing of status report by the
respondent and arguments on 21.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 415/16 25.01.2019
Present : None for the appellant.
Sh. V.K. Aggarwal, counsel for MCD alongwith
Sh. B.P. Dubey, AE(B).
AE(B) seeks adjournment to comply the order dated
02.08.2018 for filing the notification declaring the concerned
village as urbanized village.
Appellant may file objection to the status report.
Put up for that purpose and final arguments on
15.05.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 422/11 & 123/12 25.01.2019
Present : Sh. Vineet Kumar proxy counsel for Sh.
Bhupender Mehta, counsel for appellant.
Sh. Shashikant Sharma, counsel for MCD.
Adjournment sought as main counsel for appellant is
not available.
Put up for final arguments on 25.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 1107/15 25.01.2019
Present : Appellant in person.
Sh. Mohit Sharma, counsel for MCD alongwith
Ms. Renu Soni, Nodal Officer for SDMC.
Counsel for appellant is stated to be not available.
Status report filed in compliance of the submissions
made by the appellant on previous date regarding removal
of the non compoundable deviations, already mentioned in
application dated 18.12.2017.
It is stated that through inspection it has been
revealed that non compoundable deviations still exist at site.
Photographs showing the present status of the construction
are annexed.
Copy of the status report supplied to the appellant
alongwith annexure.
Put up on 18.04.2019 for final arguments.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 889/17 & 890/17 25.01.2019
Present : Sh. Devender Verma, counsel for appellant.
Sh. K.K. Arora, counsel for respondent.
An application for desealing of the property has been
filed on behalf of the appellant.
It is stated that misuse charges/penalty have already
been deposited. Copy of the receipt has been supplied to
the counsel for respondent who seeks time to file the status
report.
Put up for filing the status report and arguments on
26.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 526/18, 312/18 & 313/18 25.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Status report in compliance of the order dated
14.09.2018 filed. Copy supplied.
Ld. counsel for appellant submitted that appellant is
ready to bring the property within the FAR coverage at 90%
at first floor and second floor and he is ready to deposit the
charges as mentioned in the status report.
It is further stated that for regularization of the
property, NOC from the occupier of the ground floor is also
required, apart from completing all other formalities of
UBBL-2016.
The appellant is, therefore, at liberty to bring the
property within FAR limit at first floor and second floor and
for that purpose he needs rectification.
The property for the purpose of rectification, be
desealed for the period of two weeks w.e.f. 30.01.2019 to
14.02.2019.
An application for intervention has been filed by one
Shahana Begum through her advocate Sh. Rishab Pant
alongwith the copy of the order dated 10.09.2018 in Writ
Petition (C) No. No.5325/2017, wherein Shahana Begum
was given liberty to file an application before the ATMCD in
accordance with law.
Counsel for appellant submitted that application may
be disposed off today itself.
Arguments on maintainability of the application under
order 1 Rule 10 CPC heard. Even if it is presumed that all
the averments made in the application is correct, then also
in this proceeding between the appellant and the MCD the
applicant has no right to participate and he can not become
a party as there is a clear-cut judgment of Delhi High Court
A.No. 526/18, 312/18 & 313/18
in case Hardayal Singh Mehta Vs MCD, AIR 1990 Delhi
170 in which it is held that in the matter between the
appellant and the MCD, no third person can join and
become a party to such proceedings and in such
proceedings the application under order 1 Rule 10 CPC is
not maintainable. Any dispute between the applicant and
the appellant has to be dealt with and to be decided by the
Civil Court separately. Accordingly, application moved by
applicant under order 1 Rule 10 CPC is hereby dismissed.
However, the applicant is permitted to file the documents, if
any and to orally argue the matter at the final arguments
stage.
Put up for filing the status report by the respondent
regarding rectification of the property by the appellant in
compliance to the status report filed today bringing the
property within FAR of 90% on 28.02.2019. Interim stay, if
any, is extended till next date.
Copy of the order be given Dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 583/14 25.01.2019
Present : Sh. Manish Sharma, counsel for appellant
alongwith appellant in person.
Sh. V.K. Aggarwal, counsel for MCD.
Ld. counsel for appellant submits that appellant
wants to withdraw the present appeal. Statement of
appellant has been recorded in this regard separately.
Concerned AE(B) is directed to appear in person
alongwith status report regarding present status of the
property and extent of structure alongwith photograph.
Put up for that purpose and arguments, if any, on
04.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 584/14 25.01.2019
Present : Sh. Manish Sharma, counsel for appellant
alongwith appellant in person.
Sh. V.K. Aggarwal, counsel for MCD.
Ld. counsel for appellant submits that appellant
wants to withdraw the present appeal. Statement of
appellant has been recorded in this regard separately.
Concerned AE(B) is directed to appear in person
alongwith status report regarding present status of the
property and extent of structure alongwith photograph.
Put up for that purpose and arguments, if any, on
04.04.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 594/18 to 598/18 25.01.2019
Present : Sh. Daman Popli, counsel for appellant.
Sh. Ashutosh Gupta, counsel for MCD.
Adjournment sought to produce the complete house
tax record in compliance of the order dated 31.10.2018.
Notice be issued to the concerned Dy. Assessor &
Collector for producing the complete house record in
respect of the property in question.
Both the parties are directed to file written brief
submission.
Put up this matter for filing house tax record, written
submission and arguments on 19.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 453/17 & 147/18 25.01.2019
Present : Appellant in person.
Sh. Dharamvir Gupta, counsel for MCD.
Sh. S.B. Patnayak, counsel for applicant.
Put up alongwith connected appeal bearing
No.406/17 on 27.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 503/18 25.01.2019
Present : Sh. Sumant De, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
alongwith Sh. Arjun Batra, L.I.
Copy of the calculation of misuse charges supplied to
the appellant today who seeks adjournment to deposit the
same.
Put up for deposit of the charges, filing of the status
report and arguments on 26.02.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 736/15 25.01.2019
Present : Sh. S.D. Ansari, counsel for appellant.
Sh. Amit Kumar, counsel for respondent.
It is stated that previous counsel has not returned the
file to the Department and Department is reconstructing the
file and it will take some time.
Adjournment soughtfor arguments.
Put up for final arguments on 07.08.2019. Interim
stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 560/16 25.01.2019
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Written submissions filed by the appellant.
Adjournment sought by the respondednt to file the
same.
Let the same be filed within two weeks with the
direction to supply advance copy to the counsel for
appellant.
Put up for oral arguments on 07.05.2019. Interim
stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 684/16 & 240/17 25.01.2019
Present : Sh. Sriniwas, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Written brief submissions not filed.
Part arguments heard.
Put up for filing of the written brief submissions and
arguments on 06.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 669/13 25.01.2019
Present : Sh. Prabhat Kiran, counsel for appellant.
Sh. V.K. Aggarwal / Sh. A.L. Agnihotri,
counsel for respondent.
Written submissions are already placed on record.
Copy of the written submissions filed by the
respondent on the previous date supplied to the counsel for
appellant.
Put up for perusal of the written submissions and
final arguments on 15.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 1014/17 & 1015/17 25.01.2019
Present : Sh. Mohit Monga, counsel for appellant.
Sh. Ashutosh Gupta / Sh. H.R. Aggarwal,
counsel for MCD.
Part arguments heard.
Ld. counsel for appellant pointed out that he has
already moved an application before concerned authority for
considering desealing of the property as the similar
properties in the vicinity has already been desealed.
Counsel for respondent submits that he is not aware
about the status if any such application ever moved.
In case the application has been moved or appellant
is ready to move any such application, concerned authority
of the respondent will consider the same as per provisions
of law at the same parity with the similar properties situated
in the same area.
Put up for filing status report / arguments, if any, on
27.03.2019. Copy of the order be given Dasti to both the
parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 47/18 25.01.2019
Present : Sh. R.K. Sahney, counsel for appellant.
Sh. V.K. Aggarwal, proxy counsel for Sh. Vijay
Tyagi, counsel for MCD.
Status report in compliance of the order dated
09.08.2018 filed stating that as per local inquiry it was
revealed that the appellant Smt. Ritu Soorma is relative of
Virender Soorma alias Babba Pahalwan.
Regarding the track record, it is stated that show
cause notice was sent through speed post were obtained
through internet and consignment details not found is
mentioned in tracking report. Accordingly a letter dated
01.01.2019 was written to the Head Post Master, Krishna
Nagar, Delhi to provide service details of the said show
cause notice sent through speed post.
It is further stated that on local inquiry it reveals that
Sh. Virender Soorma is known as Babba Pahalwan.
Adjournment sought to file the response of the Head
Post Master.
Put up for that purpose and arguments on
07.08.2019. Interim stay, if any, is extended till next date
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 524/17 & 525/17 25.01.2019
Present : Sh. Dinkar Kumar, counsel for appellant.
Sh. H.R. Aggarwal, counsel for MCD.
Sh. Neeraj Kumar proxy counsel for Sh. Vivek
Ojha, counsel for DDA.
Status report of the DDA was filed on 24.11.2017. The
said status report speaks that the property in question falls in
Khasra No.204 which is shown in yellow colour in the site plan,
annexure-1. Khasra No.203 is shown as red line in the site plan.
The property in question is measuring 140 sq.yard and the
same is constructed up to third floor.
Further a Writ Petition No.4267 titled as Narender Malik
Vs SDMC is pending adjudication before the Hon’ble High Court
regarding unauthorized construction. Copy of order dated
06.07.2017 annexure-2.
Counsel for appellant at the very outset pointed that as
per booking of the MCD, they have mentioned the property
JNo.203 which is contrary to the status report of the DDA which
speaks that the property falls in khasra No.204.
Counsel for respondent seeks adjournment to file the
clearcut status report regarding situation of the property in khasra
No.204 or 203 in view of the status report of the DDA.
Put up this matter for filing of status report by the
respondent and arguments on 21.05.2019.
AE(B) concerned to remain present.
Respondent is further directed to file status report
regarding the Writ Petition filed before the Hon’ble High Court.
Copy of the order be given Dasti to both the parties, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 613/18 25.01.2019
Present : Sh. Pranay Jain, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report filed. Copy supplied.
Counsel for appellant seeks instructions for
withdrawal of the present appeal.
Counsel for respondent seeks adjournment to verify
the receipt of depositing conversion charges.
Put up for that purpose and arguments, if any on
12.03.2019.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 583/14 Statement of Sh. Jitender Tyagi, appellant S/o Sh. Suraj Prakash Tyagi, R/o D-43, Chatterpur Enclave, Phase-1, New Delhi-30 age- 48 years. ON SA
I am the appellant in the present appeal and I want to withdraw the
present appeal. The same may be dismissed as withdrawn.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 584/14 Statement of Sh. Neeraj Tyagi, appellant S/o Sh. Suraj Prakash Tyagi, R/o 33-C, Village Chatterpur, Mehrauli New Delhi-74 age- 43 years. ON SA
I am the appellant in the present appeal and I want to withdraw the
present appeal. The same may be dismissed as withdrawn.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019
A.No. 52/19 Statement of Sh. Ashim Shridhar, counsel for appellant, Enrl No.D-
2201/2011, Chamber No.203, Block-3, Delhi High Court, New Delhi.
Without oath.
On instructions, the present appeal is being restricted to the prayer
(c) to the effect that the challenge is limited to the order dated 18.10.2018
u/s 338 of the DMC Act.
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.01.2019