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A.No. 308/18 25.05.2018
Present : Appellant with counsel Sh. Vikas
Vishwakarma.
Sh. V.K. Aggarwal, counsel for MCD.
Sh. P.K. Pandey,AE(B) and Sh.
C.S.Tiwari./JE (B).
It is pointed out that service has not been properly
affected / delivered as it was delivered to Zonal office and
not to Chief Law Officer concerned. However, record has
been produced by concerned JE(B)/AE(B).
Sh. Raj Bhushan, JLO from EDMC is present and he
will intimate the concerned Chief Law Officer for
appointment of municipal counsel.
Status report filed. As per status report, inspection
was carried out on 09.05.2018 by JE (Conversion) and
measurement was taken and found that area of 30 sq.
meters was being used for commercial purpose. The
property no. 12/150, Geeta Colony is situated on non-
notified road and small shop up to 20 sq. meter is permitted
as per MPD-2021. Copy of status report supplied to counsel
for the appellant.
Put up for filing objections if any/arguments on
24.07.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 305/18 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Memo of appearance on behalf of respondent filed.
Status report filed. It is stated in the status report that
owner Sh. Rupesh Jain and Sh. Mohit Jain carried out
unauthorized construction in property no. 1246, Kacha
Bagh, Chandni Chowk, Delhi-06 from first floor to fourth
floor without obtaining sanctioned building plan. Show
cause notice was issued on 29.12.2017 to which no reply
filed and accordingly demolition order dated 05.01.2018 was
issued. However, sealing show cause notice dated
26.03.2018 was also issued and pasted at the premises.
The property has been sealed on 08.05.2018 and at present
it was lying sealed.
Counsel for the appellant submitted that Sh. Rupesh
Jain has nothing to do with the property and Sh. Mohit Jain
and others are the owners of the property. It is submitted
that since property lying sealed, therefore during the hearing
of this appeal respondent be restrained from carrying out
demolition in pursuance to order dated 05.01.2018.
It is submitted on behalf of respondent that
construction has been carried out unauthorizedly and there
are no grounds for staying the demolition.
It is argued on behalf of appellant that show cause
notice for sealing was given and no show cause notice has
been for demolition order. Reply to sealing notice was filed
before the concerned Dy. Commissioner but no sealing
order dated 08.05.2018. It is stated that no reply has been
filed, which is contrary to the record. It is further submitted
that notice for demolition was never received by the
appellant.
-2-
It is stated on behalf of respondent that notice was
sent by speed post. No record for service produced.
In view of the facts and circumstances, respondent is
restrained from carrying out demolition action in the property
of the appellant bearing no. 1246, Kacha Bagh, Chandni
Chowk, Delhi-06 in pursuance to impugned order dated
05.01.2018 till next date of hearing.
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 two weeks, failing which stay order
granted shall be deemed to be vacated.
Copy of the affidavit will be provided to concerned
AE(B), who shall verify whether details of construction
mentioned in the affidavit is correct or not.
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.
However, this order of this Tribunal is subject to any
Order passed by the Hon’ble Supreme Court or Hon’ble
High Court for demolition qua the property in question with
regard to the subject property.
Record be deposited with the Registry of this
Tribunal.
Put up for arguments on 18.09.2018.
Copy of the order be given dasti to counsel for
parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 306/18 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Put up with connected case on 18.09.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 117/17 & 929/17 25.05.2018
Present : Appellant in person.
Ms. Manjusha Jha, counsel for MCD.
Status report filed stating that in pursuance to order
dated 01.2.2017 in appeal no. 713/17, respondent/SDMC
has decided the regularization application of the appellant.
Regularization application was not found maintainable and
has been rejected and the reasons conveyed vide letter
dated 22.05.2018. Copy annexed herewith. Copy of the
status report supplied to the appellant.
In the rejection order it is stated that development
control norms in respect of Defence Colony Market are
governed by Standard Plan, which laid down provision of
Ground Floor, First Floor and Barsati Floor. There remains
nothing compoundable/permissible beyond the standard
plan. Any structure/coverage beyond the standard plan are
non-compoundable. Evidently, there is excess coverage at
second floor and third floor is absolutely unauthorized. As
per policy, as long as any structure consists of non-
compoundable structure, the same cannot be considered for
regularization. He is required to remove third floor and to
rectify the second floor to bring the same as per standard
plan.
Appellant seeks adjournment on the ground that his
counsel is not available.
Put up for final arguments on 10.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 81/14 & 294/14 25.05.2018
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. Dharamvir Gupta / Sh. V.K. Aggarwal,
counsel for MCD.
Adjournment sought by Ld. counsel for appellant for
arguments after taking instructions as the tower in question
is lying sealed.
Put up this matter for arguments on 12.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 216/14 25.05.2018
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD alongwith
Sh. Rajiv Garg, Nodal Officer for North DMC.
Ld. Counsel for appellant submits that he has been
informed by the appellant company that they have applied in
pursuance of previous order of this Tribunal dated
24.01.2018.
It is submitted by the ld. Counsel for respondent that
as per the instructions, no such fresh application has been
received.
In case, the appellant has not complied the order
dated 24.01.2018, respondent will be at liberty to take action
in pursuance of the impugned order as per law.
At this stage, ld. Counsel for appellant submits that in
case appellant company has not filed the application, the
same will be filed within two weeks.
Put up this matter for filing of status report by the
respondent and arguments on 25.09.2018.
Copy of the order be given dasti to both the parties,
as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 955/15 & 631/13 25.05.2018
Present : Sh. Gaurav Jain, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD.
Status report filed by the respondent.
It is submitted on behalf of the appellant that
appellant company is in the process of dismantling the
tower in question and for that reason order dated
24.01.2018 has not complied.
It is further submitted that dismantling of the tower
will take place only after settlement with the landlord / owner
and that process is not yet completed.
Appellant may take necessary steps within four
weeks.
Put up this matter for disposal of the appeal /
withdrawal of the appeal on 17.09.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 92/17, 955/16 & 956/16 25.05.2018
Present : Sh. Neeraj Dubey, counsel for appellant.
Ms. Akansha Dhammi / Sh. V.K. Aggarwal,
counsel for MCD.
Ld. Counsel for appellant submits that they will file
fresh application within one month.
As per the status report filed today the appellant has
not complied the previous order within two months in
compliance of the settlement in the Hon’ble High Court in
LPA No. 572/2011 titled as MCD Vs Cellular Operators
Association of India copy of order dated 28.08.2017.
Necessary steps be taken by the appellant within four
weeks, failing which adverse order will pass on next date of
hearing.
Put up this matter for filing of status report by the
respondent on 16.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 1040/17 & 1041/17 25.05.2018
Present : Sh. M.N. Khan, proxy counsel for Sh. M.S.
Khan, counsel for appellant.
Ms. Vimpi, proxy counsel for Sh. Vikas Gupta,
counsel for MCD.
Put up this matter for arguments on 05.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 965/14 & 966/14 25.05.2018
Present : Sh. M.N. Khan, proxy counsel for Sh. M.S.
Khan, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Put up this matter for arguments on 05.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 802/13 25.05.2018
Present : Sh. Hari Kishan, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD alongwith
Sh. Abdul Haq, JLO.
Status report filed where it is stated that the property
was inspected on 20.02.2018 in presence of the owner and
Architect who has agreed to provide the site plan of the
property but the same was never provided till date,
therefore, the excess coverage could not be pointed out.
It is submitted by the counsel for appellant that such
requirement will be completed within a week, thereafter,
respondent is directed to decide the application for
regularization positively by next date of hearing.
Put up this matter for filing of status report by the
respondent on 28.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 294/17 25.05.2018
Present : Sh. Pradeep Kumar Mishra, counsel for
appellant alongwith appellant.
Ms. Renu Soni, Nodal Officer for SDMC.
Status report filed mentioned that the application for
regularization has been rejected and the rejection order has
been conveyed to the appellant on 12.01.2018.
It is stated that the application for regularization has
been listed for reconsideration in compliance of the new
norms of MCD for regularization of such properties.
Respondent is directed to file further status report, if
any, whether the regularization of the property in question is
under consideration or not.
Put up this matter for filing of status report by the
respondent on 07.09.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 191/15 25.05.2018
Present : Sh. T.C. Gupta, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Status report filed. Copy supplied.
It is stated that inspection of the property bearing no.
7/476, Anaj Mandi, Shahdara, Delhi-110032, the
measurement of existing construction was found
approximately same as given in the affidavit.
The property in question falls in the list of 135
urbanized villages, “Shahdara” which is urbanized village.
No demolition action has been taken against the property
no. 7/476, Anaj Mandi, Shahdara, Delhi-110032 in
pursuance of the demolition order dated 09.05.2012.
AE(B) is not present as he has personally appear in
Karkardooma Court.
Put up this matter for final arguments on 24.09.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 580/12 25.05.2018
Present : None for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
As per previous order, appeal is pending before Ld.
District & Session Judge and next date is not informed by
any of the parties.
Put up this matter on 25.09.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 176/18 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant.
This is an appeal against regularization vide
impugned order dated 23.03.2018.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings and reply of
the appeal on date fixed. Record be deposited immediately
in the Tribunal.
Put up this matter on 21.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 212/18 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant
alongwith appellant.
This is an appeal against the sealing of the property
on 23.11.2017. Copy of the sealing order is not placed on
record on the ground that same was not supplied to the
appellant vide letter dated 03.01.2018.
An application for condonation of delay is also moved
by appellant.
Issue notice of the appeal and application for
condonation of delay to the respondent through concerned
Chief Law Officer. AE(B) is directed to file entire record of
the proceedings and reply of the appeal on date fixed.
Record be deposited immediately in the Tribunal.
Put up this matter on 14.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 222/18 25.05.2018
Present : Appellant in person.
This is an appeal against the sealing order dated
09.11.2017. Advocate is not available.
Put up this matter for arguments on maintainability of
appeal on 12.07.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 224/18 & 225/18 25.05.2018
Present : Sh. Daman Popli, counsel for appellant
alongwith appellant.
This is an appeal against the show cause notice
dated 15.02.2018. Nowhere in the appeal it is mentioned
that demolition order has been passed.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings and reply of
the appeal on date fixed. Record be deposited immediately
in the Tribunal.
Put up this matter on 29.08.2018. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 393/16 & 394/16 25.05.2018
Present : Sh. Gurpreet Singh, counsel for appellant.
Sh. K.K. Arora, counsel for MCD.
A reply to the objections dated 23.01.2017 filed.
Copy supplied.
Put up this matter for final arguments on 13.08.2018.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 215/18 25.05.2018
Present : Sh. Deepak Mehra, counsel for appellant.
This is an appeal against the sealing action of the
property on 21.11.2016.
Issue notice of the appeal and application for
condonation of delay to the respondent through concerned
Chief Law Officer. AE(B) is directed to file entire record of
the proceedings and reply of the appeal on date fixed.
Record be deposited immediately in the Tribunal.
Put up this matter on 06.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 179/18 to 181/18 25.05.2018
Present : Ms. Neha Kapoor, counsel for appellant.
Sh. Nitesh Gupta, counsel for respondent with
Sh. Sanjeev Jain, AE(B).
Memo of appearance on behalf of respondent filed.
Status report not filed. Record has been produced.
Let the same be filed with the registry of this Tribunal.
This is an appeal against the show cause notice
dated 25.01.2018 and demolition order dated 06.02.2018
which is stated to have been received during the
proceedings in Writ Petition (C) No. 1992/2018.
It is stated that show cause notice and demolition
order was never served upon the appellant.
Ld. Counsel for respondent, on the other hand,
submitted that show cause notice as well as demolition
order has been served by speed post and pasting as the
same as no one was present at the site when the impugned
notice / order was pasted.
In the record produced today, there is no report
regarding sending of the notice as well as demolition order
by speed post.
Ld. Counsel for respondent states that they will file
the said alongwith status report.
The concerned AE(B) states that he has recently
joined on 18.05.2018 and seeks time to file the status
report.
Ld. Counsel for appellant pointed out that in the Writ
Petition (C) filed by the appellant status quo / stay order
granted by the Hon’ble High Court till 15.05.2018. It is
stated that protection granted by the Hon’ble High Court
vide order dated 01.03.2018 was continued till the party
appeared before the Tribunal on 15.05.2018 wherein stay
application will be heard, de-novo without being influenced
by the protection granted by this Court on March 01, 2018.
- 2 - A.No. 179/18 to 181/18
I have heard counsel for appellant with regard to the
interim stay application. It is argued that there is no service
of the notice as well as demolition order as required u/s 343
and 444 of the DMC Act.
In view of proof of service by speed post having not
being produced before this Tribunal, the respondent
corporation will restrain from carrying out any demolition
action in the property of the appellant which falls in property
bearing no. 310, Chuna Bhatti, Mathura Road, New Delhi
qua the impugned demolition order till next date of hearing.
Appellant is 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.
However, this order of this Tribunal is subject to any
Order passed by the Hon’ble Supreme Court or Hon’ble
High Court for demolition qua the property in question with
regard to the subject property.
Appellant is directed to supply copy of the affidavit
which is filed with the appeal to respondent AE(B) for
verification.
Respondent AE(B) shall verify the details of
construction mentioned in the affidavit and file status report
whether the same is correct or not by next date of hearing.
Put up this matter for arguments on 03.08.2018.
Copy of the order be given dasti to both parties, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
M in A.No. 648/15 25.05.2018
Present : Sh. Anil Sehgal, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Status report filed stating therein that demolition
action was carried out in the property in question and one
room, toilet and washroom at ground floor was completely
demolished.
Further action will be taken in due course of time as
per the policy of department.
Adjournment sought by the respondent to file further
status report regarding carrying out further demolition action
alongwith photographs.
Ld. Counsel for appellant has already filed an
application for restoration of the appeal which is listed on
31.07.2018 before this Tribunal.
Put up this matter for filing of status report by the
respondent on 31.07.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 833/17 25.05.2018
Present : Appellant in person.
Sh. Shivendu Gaur, counsel for MCD.
Sh. Akshit Gupta, counsel for applicant.
An application u/o 1 R 10 CPC was moved by
Ms. Shalini Gupta and Sh. Vikas Kalra to implead them as
respondent alongwith another application for producing the
documents and witness as evidence. Copy was supplied to
the respondent as well as appellant.
Reply to the said application not filed by the
appellant on the ground that her advocate is not available
today.
Ld. Counsel for respondent states that they have not
received copy of the application under Order 1 Rule 10
CPC. However, ld. Counsel for applicant pointed out that
the copy of the application was given to Nodal Officer on
11.10.2017.
Put up for consideration on 01.08.2018. Last
and final opportunity for arguments.
Interim stay, if any, is extended till next date
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 583/16 25.05.2018
Present : Sh. Aditya Gaur, counsel for appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Part arguments heard.
Put up this matter for remaining arguments on
27.09.2018.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 259/18 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 284/18 25.05.2018
Present : Sh. Ashish Sharma, Counsel for the appellant.
Sh. Sriniwas/AE(B).
Status report filed alongwith photographs.
As per report premises was inspected on
17.05.2018 and is consisted of 7 small rooms with W/C,
bathroom and staircase existing on the ground floor. There
is no structure exist above the roof of ground floor except
parapet wall. Photographs annexed. It is submitted that part
demolition action was taken in pursuance of demolition
order.
An application u/s 151 CPC moved on behalf
of appellant for placing some documents i.e demolition
order dated 28.11.2017, letter dated 24.05.2018 issued to
Tehsildar Alipur, Delhi stating that khasra no. 70, of village
Palla, Delhi falls under Old Lal Dora abadi , year 1908-09. It
is further stated that land is disputed and a case is pending.
In the appeal, appellant has claimed that
property in this case falls in Lal Dora, village Palla. Copy of
the application as well as order of Tehsildar supplied to the
respondent to verify the contents of the report of Tehsildar
to specify whether property in question falls within Lal Dora
of village Pall, khasra no. 70 or not.
Put up for arguments on 29.08.2018.
Copy of the order be given dasti to both the
parties, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 833/17 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 635/16 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant .
Sh. Shashikant Sharma, counsel for MCD .
Adjournment sought by both the parties.
In the interest of justice, last and final
opportunity is granted for final arguments on 29.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 57/17 & 58/17 25.05.2018
Present : Appellant in person with proxy counsel
Sh. Deepak Mehra
Ms. Manjusha Jha, counsel for MCD.
Status report filed on the last date of hearing.
Sh. Deepak Mehra filed fresh vakalatnama of
Ms. Dimple Dhamija. Adjournment sought for arguments
which is opposed by the counsel for the respondent.
In the interest of justice, last and final
opportunity is granted for final arguments on 21.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 146/16 25.05.2018
Present : Sh. Akshat Kumar, proxy counsel for Sh.
Ashok Sharma counsel for the appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Adjournment sought on behalf of appellant as
Sh. Ashok Sharma is stated to be out of station.
Put up for arguments on the application u/ o 6
R 17 CPC as well as main appeal on 08.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 606/14 25.05.2018
Present : Sh. Bhupender Sharma counsel for the
appellant.
Sh. Amit Kumar, proxy counsel for the
respondent
It is stated on behalf of appellant that appellant
has applied for regularization of shop in question by
giving application on 22.05.2018.
Copy of the application alongwith receiving placed on
record.
Main counsel for respondent is not present.
Respondent is directed to file status report
regarding the application/ final arguments on
10.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 390/11 25.05.2018
Present : Sh. Devender Kumar, proxy counsel for the
appellant.
Sh. V.K. Aggarwal, proxy counsel for MCD.
Counsel for respondent seeks adjournment to
file status report as main counsel Sh. Harbans Kaushal has
made a request to fix the matter on Thursday.
Put up for filing status report in compliance of
order dated 22.12.2017 for arguments on 11.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 343/18 25.05.2018
Present : Sh. D.K. Sharma, counsel for appellant.
This is an appeal against sealing order.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings, status
report and reply of the appeal on date fixed. Record be
deposited immediately in the Tribunal.
Put up this matter on 28.05.2018. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 259/18 25.05.2018
Present : Sh. Ajay Kumar, counsel for appellant.
This is an appeal against sealing order.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings, status
report and reply of the appeal on date fixed. Record be
deposited immediately in the Tribunal.
Put up this matter on 24.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 261/18, 262/18 & 263/18 25.05.2018
Present : Sh. D. Rajeshwar Rao, counsel for appellant.
File taken up today on an application moved for
opening the seal on the ground that the property is sealed
on 26.04.2018 during the pendency of the appeal in
pursuance of the order dated 03.04.2018 wherein appellant
was directed to stop the misuse of the property, failing
which property was liable to be sealed.
Issue notice of the application to the respondent
corporation. Notice be given dasti, as prayed.
Put up on 29.05.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 338/18 25.05.2018
Present : Sh. O. P. Verma, counsel for appellant.
This is an appeal against the rejection order dated
23.04.2018.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings and reply of
the appeal on date fixed. Record be deposited immediately
in the Tribunal.
Put up this matter on 31.05.2018. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 79/18 to 83/18 25.05.2018
Present : Sh. O.P. Verma, counsel for appellant.
File taken up today on the application moved on
behalf of the appellant u/s 347-B(2) of the DMC Act r/w rule
17 of the D.M.C. Appellate Tribunal (Procedure) Rule 1986
for restoration of conditional stay granted vide order dated
31.01.2018.
Issue notice of the application to respondent for
31.05.2018. Notice be given Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 1092/15 25.05.2018
Present : Sh. Anuj Garg, counsel for appellant.
File taken up today on the application u/s 151 CPC
on behalf of the appellant for preponement of date of
hearing.
Issue notice of the application to the respondent for
30.05.2018. Notice be given dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 331/18 25.05.2018
Present : Sh. Amit Vohra, counsel for appellant.
This is an appeal against demolition order dated
20.02.2018.
Issue notice of the appeal and application to the
respondent through concerned Chief Law Officer. AE(B) is
directed to file entire record of the proceedings and reply of
the appeal on date fixed. Record be deposited immediately
in the Tribunal.
Put up this matter on 05.07.2018. Notice be given
Dasti, as prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 336/18 25.05.2018
Present : Sh. Abhay Kumar, counsel for appellant.
Put up this matter for maintainability of the appeal on
09.07.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 1086/15 25.05.2018
Present : Sh. S.K. Bhardwaj, counsel for appellant.
Sh. Mohit Sharma, counsel for MCD alongwith
Sh. R.D. Choudhary, AE(B).
It is pointed out that Sh. Babu Lal has challenged the
construction of the appellant in the Civil Court and an order
was passed by the Civil Court stating that the property
raised by the appellant is causing danger to the nearby
properties.
Ld. Counsel for appellant pointed out that the said
order of the Civil court was challenged in the appeal and
was stayed in the appeal was disposed of by the Hon’ble
High Court, as instructed by the appellant.
Copy of the said order was not placed on record by
either party. Let the copy of the order of the Civil Court and
High Court be placed on record by the AE(B) concerned.
Advance copy be supplied to the appellant.
Put up this matter for filing of proper reply / status
report by the respondent on 06.06.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 66/15 & 854/16 25.05.2018
Present : Sh. Dalip Rastogi, counsel for appellant.
Sh. Gian Chand / Sh. V.K. Aggarwal, counsel
for MCD.
Status report filed regarding regularization
application. Copy supplied.
As per the status report the appellant is entitled for
300 FAR as per MPD-2021 and at present construction is
more than 300 FAR. As per circular dated 27.04.2011 stilt
is mandatory for the residential plot measuring 100 sq. mtrs
and above up to 1000 sq. mtrs including notified road.
Regularization of the unauthorized construction in the
property in question cannot be considered as there is no
provision for stilt as per circular mentioned and the FAR is
more than applicable and it will be only considered when the
appellant will demolish the non-compoundable deviations
and make the provisions for stilt as per circular.
Put up this matter for filing of objections, if any, to the
status report filed by the respondent and arguments on
28.08.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. 25.05.2018
Present :
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018
A.No. Statement of Sh. ON SA
RO&AC
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 25.05.2018