A.No. 219/19. 30.07.2019 Present : None for the...

A.No. 219/19. 30.07.2019 Present : None for the appellant.

Sh. Nazir Ali, Ld. Proxy counsel for North DMC.

To come up for further proceedings on 06.09.2019.

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

Appellate Tribunal:MCD 30.07.2019

A.No. 251/19. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Manish Chokar.

Sh. Dharamvir Gupta, Ld. counsel for North DMC with AE,

Sh. S.K. Singhal..

Vakalatnama on behalf of respondent filed.

Ld. counsel for appellant states that connected appeal is

listed on 02.09.2019.

At request, adjourned for arguments on the application for

stay on 02.09.2019 with the connected appeal.



A.No. 360/19 and 361/19. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for North DMC with AE,

Sh. Ashish Sharma.


Status report filed stating that the unauthorized construction

of shops at third floor and fourth floor with staircase was

booked and demolition order was passed. It is further

stated that the sealing order was also passed and pursuant

thereto one shop at third floor and one shop at fourth floor

have been sealed and further action is to be taken.

Ld. counsel for appellant submits that the connected appeal

is listed on 04.09.2019.

Accordingly, be listed for arguments on application for stay

and condonation of delay on 04.09.2019.



A.No. 370/19. 30.07.2019 Present : Sh. Sanjay Kumar, Ld. counsel for appellant.

Sh. Ashok Kumar Gupta, Ld. counsel for North DMC.

Memo of appearance on behalf of respondent filed.

Status report filed stating that unauthorized construction in

the shape of variation/deviation from standard building plan

at ground floor had been booked in the property in question

and demolition order was passed. Pursuant to demolition

order, action was taken on 10.11.2018 and one panel of the

roof of ground floor was cut down. Further action could not

be taken due to non-availability of police force and would be

taken in due course. Copy of the status report supplied.

At request of Ld. counsel for appellant, adjourned for

arguments on the application for stay and condonation of

delay on 25.09.2019.

Record be deposited with the Registry.



A.No. 217/19. 30.07.2019 Present : Sh. Waris Ali, Ld. counsel for appellant.

Ld. counsel for appellant has placed on record the orders

pursuant to which the premises in question was sealed.

Notice of the appeal be issued to the respondent through

concerned Chief Law Officer. AE(B) is directed to appear

and file entire record of the proceedings, reply and status

report of the appeal on date fixed.

Be listed for further proceedings on 06.09.2019.



M.No. 11/19. 30.07.2019 Present : Sh. Vikas Aggarwal, Ld. counsel for appellant.

Sh. Amit Kumar, Ld. Proxy counsel for North DMC.


Time is sought to file reply to the contempt application on

behalf of respondent.

To come up for reply and arguments on the contempt

application on 19.09.2019.



A.No. 686/18. 30.07.2019 Present : None for the parties.




A.No. 65/13. 30.07.2019 Present : Ms. N. Sehar, Ld. Proxy counsel for appellant.

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

At request of Proxy counsel for appellant, be awaited till

12.00 pm.



A.No. 888/18. 30.07.2019 Present : Sh. Ayush Sai, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for North DMC with

CLI, Sh. Ram Kishan.

Status report filed, copy supplied.

Ld. counsel for respondent seeks more time to file further

status report regarding the purpose for which the property

in question can be used and if the property in question was

sealed pursuant to the directions of Hon’ble Supreme Court

passed in Writ Petition no. 4677/1985 in the case tiled M.C.

Mehta Vs. UOI.


A copy of the order be given Dasti to ld. counsel for

respondent, as prayed for.



A.No. 789/16. 30.07.2019 Present : Sh. A.K. Singh, Ld. counsel for appellant.

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

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

arguments on 12.12.2019.



A.No. 1169/15, 1170/15, 18/16, 1166/15. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. V. K. Aggarwal and Sh. Surinder Singh, Ld. counsels for

EDMC.

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

arguments on 11.12.2019.



A.No. 423/16. 30.07.2019 Present : Sh. Gaurav Jain, Ld. counsel for appellant.

Sh. Surinder Singh, Ld. counsel for SDMC.

Ld. counsel for appellant states that application for

regularization has been moved. Status report regarding the

same be filed by the respondent.

To come up further proceedings on 26.09.2019.





Ld. counsel for appellant states that permission for

regularization has been granted.

Ld. counsel for respondent to file the status report regarding

the same.

To come up for further proceedings on 10.10.2019.




Ms. Nagina Jain, Ld. counsel for SDMC.

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

arguments to 10.12.2019.





An application u/s. 14 of Insolvency and Bankruptcy Code

filed.

In view of the submissions made in the application and

appointment of IRP (Interim Resolution Professional) by

NCLT, Mumbai, notice be issued to IRP for next date.




M.No. 84/16 and 85/16. 30.07.2019 Present : Sh. A.K. Gupta, Ld. counsel for appellant.

Ms. Nagina Jain, Ld. counsel for respondent.

Ld. counsel for appellant seeks more time to file Lal Dora

certificate, last opportunity granted.




A.No. 1064/17. 30.07.2019 Present : Sh. S.L. Sharma, Ld. counsel for appellant.

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

Be listed for recording of statement of AE(B) concerned and

also for filing of status report whether the property in

question is one of the industrial units in which affidavit has

been submitted in the Hon’ble Supreme Court in Writ

Petition no. 4677/1985 in the case tiled M.C. Mehta Vs.

UOI.




A.No. 971/17. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Abhishek Kumar.

None for respondent.

Notice be issued to EE(B) concerned to appear with the

status report on the next date.


Interim order to continue till next date.



A.No. 339/18 30.07.2019 Present : Sh. Piyush Pahuja, Ld. counsel for appellant.

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

Vakalatnama on behalf of appellant filed.

An application has been moved for withdrawal of the appeal

stating that appellant has applied for regularization of the

property in question as such appellant does not want to

pursue the appeal. Statement of Ld. counsel for appellant

has been recorded in this regard separately.

The appeal accordingly stands dismissed as withdrawn in

view of the statement of the Ld. counsel for appellant.

Resultantly the impugned order dated 10.05.2018 stands

confirmed. AE(B) concerned is directed to submit the action

taken report before Dy. Commissioner concerned. .

The file of the department, if any, be returned to the

respondent alongwith copy of this order. File be consigned

to record room.



A.No. 340/18. 30.07.2019 Present : Appellant with Ld. counsel, Sh. Piyush Pahuja.

Sh. Umesh Gupta, Ld. counsel for North DMC.





pursue the appeal. Statement of SPA of appellant has been

recorded in this regard separately.








to record room.



A.No. 341/18 30.07.2019 Present : Appellant with Ld. counsel, Sh. Piyush Pahuja.

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





pursue the appeal. Statement of appellant has been

recorded in this regard separately.








to record room.



A.No. 481/18. 30.07.2019 Present : Sh. O.P. Verma, Ld. counsel for appellant.

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

Ashish Sharma, AE(B).

Status report filed stating that unauthorized construction in

the shape of part ground floor and first floor had been

booked and demolition order was passed dated 06.04.2018.

Thereafter sealing order was passed on 25.06.2018 and

property was sealed at main entrance staircase at ground

floor and three shutters at ground floor. It is further stated

that property had been desealed for the purpose of

demolition to be done by the appellant and after

demolishing the upper floors appellant applied for

regularization of ground floor vide file No. F-

27/Reg./EE(B)/CSPZ dated 26.10.2018. It is further stated

that the owner had deposited the requisite charges to the

tune of Rs.2,50,700/- towards regularization/compounding

charges and Rs.1,77,605/- towards one time conversion

charges and penalty.

The present appeal has been filed against the dismissal of

regularization application.

Ld. counsel for appellant submits appellant had initially

applied for the regularization of the entire construction in

property in question comprising ground, first and second

floors, and third floor, however it was rejected. Thereafter he

applied for regularization of the ground floor. It is further

submitted that the appellant does not want to pursue this

appeal as same has become infructuous pursuant to

demolition of upper floors and regularization of ground floor.

Statement of Ld. counsel for appellant recorded. The appeal

accordingly stands dismissed as withdrawn as it has

become infructuous in view of the statement of the

appellant.



to record room.






Status report filed in the connected appeal no. 481/18

stating that unauthorized construction in the shape of part

ground floor and first floor had been booked and demolition

order was passed dated 06.04.2018. Thereafter sealing

order was passed on 25.06.2018 and property was sealed

at main entrance staircase at ground floor and three

shutters at ground floor. It is further stated that property had

been desealed for the purpose of demolition to be done by

the appellant and after demolishing of the upper floors

appellant applied for regularization of ground floor vide file

No. F-27/Reg./EE(B)/CSPZ dated 26.10.2018. It is further

stated that the owner had deposited the requisite charges to

the tune of Rs.2,50,700/- towards regularization /

compounding charges and Rs.1,77,605/- towards one time

conversion charges and penalty.

The present appeal has been filed against the order of

demolition.

Ld. counsel for appellant submits appellant had initially

applied for the regularization of the entire construction in

property in question comprising ground, first and second

floors and third floor, however it was rejected. Thereafter he

applied for regularization of the ground floor. It is further

submitted that the appellant does not want to pursue this

appeal as same has become infructuous pursuant to

demolition of upper floors and regularization of ground floor.

Statement of Ld. counsel for appellant recorded. The appeal

accordingly stands dismissed as withdrawn as it has

become infructuous in view of the statement of the

appellant.



to record room.






Statement of Sh. Ashish Sharma, AE(B) recorded.

Be listed for arguments on 21.08.2019.

Record be deposited with Registry.



A.No. 687/18. 30.07.2019 Present : Appellant with Ld. counsel, Sh. R.S. Mandal.

Sh. Mohit Sharma, Ld. counsel for EDMC.


Ld. counsel for appellant submits that the appellant does not

wish to pursue the appeal and wants to withdraw the same.

Statement of appellant has been recorded in this regard

separately.


view of the statement of the appellant. Resultantly the

impugned order dated 03.08.2018 stands confirmed. AE(B)

concerned is directed to submit the action taken report

before Dy. Commissioner concerned.



to record room.





Ld. counsel for respondent states that the mobile tower

installed at the roof top of property bearing no. M-43, M

Block Market, Greater Kailash-I, New Delhi-110048 has

been desealed in view of the permission/regularization

granted in the year 2005 as such the present appeal has

become infructuous and he wish to withdraw the same.

It is therefore submitted that impugned sealing order be set

aside as regularization has been granted and the appeal

may be disposed off.

The appellant is directed to follow and abide by all the terms

and conditions of the permission / regularization and on

violation of any condition of the said letter the respondent

will be at liberty to take action as per law against the tower

in question.

In view of the abovesaid facts and circumstances as the

impugned order has become infructuous, the appeal stands

disposed off and the impugned order of sealing is set aside.


respondent alongwith copy of this order. Files be consigned

to record room.




Sh.Surinder Singh,Ld. counsel for SDMC.

Status report filed stating that permission has been

accorded for erection of cell tower antenna pole installed in

the property in question no. 22/56-A, Hans Park, West

Sagarpur, New Delhi vide permission letter

no.EE(B)/NGZ/D-4/226 dated 09.01.2019.

Ld. counsel for appellant submitted that sealing order be set

aside as regularization has been granted. It is also stated

appeal has become infructuous, same may be disposed off

accordingly.

The appellant is directed to follow and abide by all the terms

and conditions of the permission and on violation of any

condition of the said letter the respondent will be at liberty to

take action as per law against the tower in question.

In view of the abovesaid facts and circumstances as the

impugned order has become infructuous, the appeal is

disposed off and the impugned order of sealing dated

18.11.2015 is set aside. Respondent is directed to deseal

the tower in question within two weeks.


respondent alongwith copy of this order. Files be consigned

to record room.



A.No. 101/19, 102/19 and 104/19. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Abhar Jain, Ld. counsel for respondent.

Be listed for final arguments alongwith connected appeals

on 13.09.2019.



A.No. 99/19, 100/19, 103/19, 933/18, 934/18, 935/18, 936/18, 937/18, 938/18. 30.07.2019 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Abhar Jain, Ld. counsel for respondent.

Ld. counsel for appellant submits that respondent in the

status report dated 05.04.2019 stated that respondent has

taken necessary punitive actions against the unauthorized

constructions in the property in question. It is alleged that as

regards service of show cause notices it was stated it was

pasted at site but no proof of service by pasting is available

on record. It is also stated that as per record sealing show

cause notice was also not served upon the appellant.

Ld. counsel for appellant states that in view of the above

submissions made in the status report, interim protection

may be granted to the appellant or else the appeal would

become infructuous as the mandatory provisions of section

343 and 345 of DMC Act have not been complied with. The

show cause notices were not served upon the appellant. It

is further stated that the demolition order is bad as no show

cause notice was served. It is also stated that the property

in question is Delhi Laws (Special Provisions) Act, 2006.

Heard, in view of the submissions made in my view

appellant has made out a case for interim stay. In the said

facts and circumstances there will be interim stay of

demolition respondent is restrained from taking any coercive

action in the property in question bearing shop F-221,

Khasra No. 225, Lado Sarai, new Delhi in terms of the

impugned order dated 24.10.2017 till next date of hearing.

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

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 be deemed to be vacated.

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

appellant, who shall verify whether details of construction

mentioned in the affidavit are 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.


A copy of this order be given Dasti to Ld. counsel for

parties, as prayed for.



A.No. 112/19, 122/19 & 124/19 30.07.2019 Present : Appellant with Ld. Counsel Sh. Sher Afghan.

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Reply filed by the respondent, copy be supplied.

Documents filed by the appellant, copies be supplied to the

respondent.

Be listed for arguments on the application for stay

06.08.2019.



A.No. 788/16 30.07.2019 Present : Sh. Shantanu Singh, Ld. Counsel for appellant.

File taken up on applications moved for substitution and

stay.

Notice be issued to the respondent for date fixed i.e.

09.08.2019.



A.No. 436/19 30.07.2019 Present : Sh. S.B. Pandey, Ld. Counsel for appellant.

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

of demolition dated 14.07.2018 filed alongwith application

for stay and condonation of delay. Be checked and

registered.

Let notice of the appeal and applications be issued to the

respondent through concerned Chief Law officer. AE(B) is

directed to appear in person alongwith entire record of the

proceedings, status report and reply of the appeal on date

fixed.

Be listed for arguments on the application for stay and

condonation of delay on 02.08.2019.

Process be given dasti as prayed.



M.No. 65/13 30.07.2019 Present : Sh. S.D. Ansari, Ld. Counsel for the appellant.

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

Ld. Counsel for appellant had submits that application

moved for has become infructuous and he does not want to

proceed with the same.

Ld. Counsel for respondent states that property is lying

sealed in terms of the order dated 23.10.2013. Status

report in this regard has been filed.

Further action taken report, if any be submitted before the

Dy. Commissioner concerned who will ensure compliance of

the impugned sealing order.

Record of the respondent, if any, alongwith one copy of the

order be returned to the respondent. File be consigned to

record room.



M.in A.No. 403/18 30.07.2019 Present : None for the appellant.

Sh. V.K. Aggarwal Ld. Proxy counsel for respondent.

Ld. Proxy counsel for respondent seeks adjournment to file

action taken report, the same be filed before the Dy.

Commissioner concerned, who will ensure compliance of

the impugned order.



record room.



M.in A.No. 328/18 30.07.2019 Present : None for the appellant.

Sh. V.K. Aggarwal Ld. Proxy counsel for respondent.

Ld. Proxy counsel for respondent seeks adjournment to file

action taken report, the same be filed before the Dy.

Commissioner concerned, who will ensure compliance of

the impugned order.



record room.



A.No. 302/19 30.07.2019 Present : Sh. A.K. Sharma, Ld. Counsel for appellant.

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

Rajiv Garg, ALO.

Record of appeal No.222/18 received.

This is an appeal against the order of sealing dated

19.11.2017. The impugned order has been assailed on the

ground that the same is illegal. The averments made are d

that appellant is owner and in possession property No.D-1,

Rana Partap Bagh, ground floor, Civil Lines Zone Delhi by

virtue of Gift Deed. It is further stated that appellant had

previously rented out a shop in the year 1962 in the suit

premises. The tenant was running a factory of iron grill and

doors by virtue of factory license issued by the respondent,

the factory license of the tenant was renewed till 31.3.2018

by the respondent. It is further stated that on 09.11.2017

respondent passed impugned sealing order and thereafter

sealed the shop in question.

It is further submitted that the appellant had filed eviction

petition against his tenant. Ld. ARC had passed an eviction

order against the tenant directing him to vacate the shop in

question measuring 30’ X 9’ in property No.D-1, Rana

Pratap Bagh, Delhi-7.

It is further alleged that the tenant filed revision petition

against the said eviction order. In the said revision petition,

before the Hon’ble High Court the tenant stated that he is

ready to hand over the symbolic possession of the property

in question to the landlord/ appellant. The parties were

directed to approach the concerned authority for desealing

of the property in question. It is further submitted that

appellant has received the symbolic possession of the

premises in question and at present no factory is being run

from the premises in question and the appellant undertakes

that no commercial activities will be carried out in future. It

is further submitted that the impugned order of sealing may

be set aside.

Status report has been filed by North DMC stating that

property in question was sealed pursuant to the directions of

the Hon’ble Supreme Court dated 07.05.2004 passed in

Writ Petition M.C. Mehta Vs Union of India (2004) 6 SCC

588. It is further submitted that as per record provided by

DSIIDC alternative industrial plot has been allotted against

the property in question and during survey / inspection an

industrial unit was found running in the premises in violation

of the directions of Hon’ble Supreme Court and as such it

was sealed on 16.11.2017. It is also stated that property in

question is one of the properties / industrial units out of

21960 with regard to which Hon’ble Supreme Court had

directed that none of the 21960 industrial units should be

allowed to be re-opened without the permission of the

Hon’ble Apex Court. It is submitted that present appeal is

not maintainable.

Alongwith status report a photocopy of the order dated

28.03.2019 passed in appeal No.222/18 has been filed

whereby an appeal filed in respect of the property in

question assailing the impugned order dated 09.11.2017

was dismissed being not maintainable. The said order has

not been challenged.

Appeal No.222/18 was filed by Ram Avtar against North

DMC assailing impugned order of sealing dated 09.11.2017

in respect of the property in question. Thus in my view a

second appeal assailing the same order does not lie.

In view of the status report, I am of the view that appeal is

not maintainable in view of the directions of Hon’ble

Supreme Court passed in the above judgment, the same is

accordingly dismissed.



record room.


Appellate Tribunal:MCD

30.07.2019

A.No. 903/14. 30.07.2019 Present : Ms. N. Sehar, Ld. counsel for appellant .

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

Ld. counsel for appellant seeks adjournment as main

counsel is not available.

Be listed for final arguments on 26.11.2019.




A.No. 904/14. 30.07.2019 Present : Ms. N. Sehar, Ld. counsel for appellant .


Ld. counsel for appellant seeks adjournment as main

counsel is not available.




A.No. 948/14. 30.07.2019 Present : None for appellant.


None has appeared for the appellant.




A.No. 911/14. 30.07.2019 Present : None for appellant.


None has appeared for the appellant.




A.No. 629/10 30.07.2019 Present : Shri G.R. Verma, Ld. counsel for appellant .

Sh. Shashikant Sharma, Ld. counsel for respondent.


Time is sought to peruse the report and file objection, if any,

to the status report .





A.No.65/13.

30.07.2019

Present Shri S.D. Ansari, Ld. counsel for appellant



Ld. counsel for appellant submits that he had given

statement to withdraw the application dated

29.09.2018 as the appeal has become infructuous.

Be listed for awaiting orders of Hon’ble High Court on

02.12.2019.



A.No. 39/17. 30.07.2019 Present : Shri Amar Deep, Ld. counsel for appellant .


Ld. counsel for respondent states that the appellant has not

yet supplied the documents as to whether the property in

question falls in extended Lal Dora/ abadi, Time is sought

to supply the same,the same be supplied within four weeks.

The status report be filed by the respondent subject to

supplying the documents.




A.No. 970/17. 30.07.2019 Present : appellant with Ms. Meenakshi Aggarwal Ld. counsel for

appellant .

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

Ld. counsel for appellant seeks time to file documents.

At request, adjourned for final arguments on 11.11.2019.



A.No. 615/16. 30.07.2019 Present : Shri R.K. Solanki,Ld. counsel for respondent .

Sh. Dharamvir Gupta,/Sh. Shashikant Sharma, Ld. counsel

for respondent.

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

arguments with the connected appeal on 11.11.2019.




A.No. 636/16,721/16 and 334/17. 30.07.2019 Present : Shri R.K. Solanki,Ld. counsel for respondent .

Sh. Dharamvir Gupta,/Sh. Shashikant Sharma, Ld. counsel

for respondent.

Be listed for final arguments with the connected appeal on

11.11.2019.



A.No. 359/18. 30.07.2019 Present : Ms.Seema Issar, Ld. counsel for appellant .

Ms. Nagina Jain, Ld. counsel for respondent.

Shri Tarun Ariram counsel for applicant.

Fresh Vakalatnama filed on behalf of the appellant.

Ld. counsel for appellant states that another copy of the

application under order 1 Rule 10 may be directed to be

supplied to her as the previous counsel has expired.

Ld counsel for appellant seeks adjournment as she has

been engaged recently.

Be listed for arguments on the application under order 1

Rule 10 CPC on 31.10.2019. Interim order to continue till

next date.



A.No. 751/18. 30.07.2019 Present : Shri Vijay Kumar, Ld. counsel for appellant .

Ms.Nagina Jain, Ld. counsel for respondent.

In view of the submissions made in the status report, the

appellant had applied for temporary desealing before the

Monitoring Committee and Monitoring Committee had

allowed temporary desealing. It is stated in view of the order

of Hon’ble Apex Court dated 15.12.2017, appeal lies with

Monitoring Committee as Monitoring Committee has called

for further report in the matter.

Notice be issued to Monitoring Committee for date fixed.

Be listed for arguments on the maintainability of the appeal

and to file status report on 21.10.2019.



A.No. 130/16. 30.07.2019 Present : Appellant in person.

Shri Abdul Haq, Nodal Officer, North DMC.

Adjournment sought by appellant to engage another

counsel as his Counsel has expired.

At request, adjourned for final arguments on 05.12.2019.



A.No. 564/18 and 396/18. 30.07.2019 Present : Shri B.P.Sain, Ld. counsel for appellant.

Sh. Shashikant Sharma, Ld. counsel for respondent.

Ld. counsel for respondent submits the appellant be

directed to produce the original title documents of the

property in question. Appellant is directed to bring the title

documents on the next date of hearing.

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

with status report .

Status report be also filed by SDMC whether the property in

question is a part of 21960 industrial units in which

Ld.Commissioner has filed an affidavit before the Hon;ble

Supreme Court in Writ Petition (C) No. 4677/1985 titled

M.C. Mehta Vs UOI .


A copy of this order be given Dasti to respondent, as prayed

for.



A.No. 777/17 30.07.2019 Present : None for appellant.

Sh. Dharamvir Gupta, Ld. counsel for

Status report filed stating that investigation is still at final

stage and final investigation report will be submitted after

approval from the competent authority/Commissioner,

EDMC.




A.No. 647/14. 30.07.2019 Present : Ms. Indu Gautam, Ld. counsel for appellant

Shri S.Adil Hussain, Ld. counsel for respondent .

Notification conferring powers has not been received.




A.No. 205 SCM 13. 30.07.2019 Present : Shri Shankar Kant, Ld. proxy counsel for appellant .

Shri Nilesh Sahani, Ld. counsel for respondent .

Shri Raghav Trehen, Ld. counsel for Monitoring Committee.

Notification conferring powers has not been received..

Be listed for arguments/further proceedings on 30.09.2019.



A.No. 176/19 and 177/19. 30.07.2019 Present : Shri Dalip Rustogi,Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Vakalatnama filed on behalf of the respondent.

At joint request of Ld. counsel for parties, adjourned for

filing brief synopsis and final arguments on 25.10.2019.



A.No. 933/17. 30.07.2019 Present : Shri Dalip Rustogi,Ld. counsel for appellant .

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

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

brief synopsis and final arguments on 28.08.2019.



A.No. 17/19 and 197/18. 30.07.2019 Present : Shri V.S. Mishra, Ld. counsel for appellant

Ms. Nagina Jain, Ld. counsel for respondent .

Ld. counsel for appellant states that misuse charges have

been deposited and has prayed for desealing of the

property in question.

LI concerned to be present on the next date of hearing with

status report whether the property in question is a part of

21960 industrial units in which Ld.Commissioner has filed

an affidavit before the Hon;ble Supreme Court in Writ

Petition (C) No. 4677/1985 titled M.C. Mehta Vs UOI .

Be listed for filing of status report on 16.08.2019.



A.No. 268/19 30.07.2019 Present : Shri Kuldeep Gola, Ld. counsel for appellant .


Shri Harjit Singh, JE(B)

Ld. counsel for respondent seeks more time to file status

report regarding regularization application.

To come up on 08.11.2019.



A.No. 176/12,111/12,112/12,177/12 and ,536/11, 30.07.2019 Present:- Shri Dalip Rustogi,Ld. counsel for appellant .



Final arguments heard.

Be listed for orders on 08.08.2019.



A.No. 449/18 and 385/18 30.07.2019 Present : Shri O.P. Verma, Ld. counsel for appellant .

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Arguments have been partly heard.

At this stage, Ld. counsel for respondent seeks time to file

the record of the house tax department of the property in

question.

Be listed for further arguments on date fixed19.08.2019 as

no earlier date is possible due to heavy board. The

application for earlier hearing is disposed off. Respondent to

also file report of the regularization.

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

respondent .



A.No. 480/18 30.07.2019 Statement of Shri Ashish Sharma, Assistant Engineer/Building, City SP

Zone, North DMC.

SA

Since the unauthorized construction above the ground floor has

been demolished by appellant himself and no construction exist on the

upper floors, the ground floor of the property has been regularized on

03.06.2019. The appellant has deposited the requisite

regularization/compounding charges as well as misuse charges including

penalty for the construction at ground floor and its use. The property

abuts on notified road and can be used for commercial purposes at

ground floor as the conversion charges have been paid.

RO & AC



A.No. 481/18 30.07.2019

Statement of Shri O.P. Verma, Advocate for appellant, Chamber

No.414-15, Civil Wing, Tis Hazari, Court, Delhi. Enrolment No. D-278/74.

On instruction from the appellant, it is stated that the ground floor

of the property in dispute has been regularized and all constructions over

and above the ground floor have been demolished by the appellants, the

present appeal has become infructuous and the same may be dismissed

as withdrawn.

RO & AC



A.No. 241/18 30.07.2019

Statement of Shri O.P. Verma, Advocate for appellant, Chamber

No.414-15, Civil Wing, Tis Hazari, Court, Delhi. Enrolment No. D-278/74.

On instruction from the appellant, it is stated that the ground floor

of the property in dispute has been regularized and all constructions over

and above the ground floor have been demolished by the appellants, the

present appeal has become infructuous and the same may be dismissed

as withdrawn.

RO & AC



A.No. 392/17. 30.07.2019

Statement of Shri A.K.Singh, Advocate for appellant, Chamber No.

836, Lawyers Chamber, Saket Distt. Court. Delhi. Enrolment No. D-263 A

/98R.

On instruction from the appellant, it is stated that the mobile tower

in question has been desealed by the MCD in view of the

permission/regularization granted in the year 2005. I have instructions to

withdraw the appeal.

RO & AC



A.No. 339/18.. 30.07.2019 Statement of Shri Piyush Pahuja, Enrolment No. D-3651/14 having

Chamber No. B-39/40, BGS Block, Tis Hazari Court, Delhi.

At Bar

I am the counsel for appellant in the present appeal. As the appellant

has applied for regularization of the property in question, she does not

want to pursue the present appeal. Upon instruction from appellant, I wish

to withdraw the present appeal unconditionally, permission may be

granted for withdrawal of the same.

RO & AC



A.No.340/18.. 30.07.2019 Statement of Shri Gopal Dass, (Special Power of Attorney Holder of

appellant) R/o WZ 2290, Upper Ground floor, Raja Park, Shakur Basti,

North West Delhi.

SA

I am the attorney of the appellant, Special Power of Attorney filed. As

the appellant has applied for regularization of the property in question, he

does not want to pursue the present appeal. Upon instruction from

appellant, I wish to withdraw the present appeal unconditionally,

permission may be granted for withdrawal of the same.

RO & AC



A.No.341/18.. 30.07.2019 Statement of Shri Rahul Kumar, S/ o Shri Kuldeep Singh , R/o WZ 2290,

Second floor, Raja Park, Shakur Basti, North West Delhi.

SA

I am the appellant in the present appeal. As I have applied for

regularization of the property in question, I do not want to pursue the

present appeal. I wish to withdraw the present appeal unconditionally,


RO & AC



A.No.687/18. 30.07.2019 Statement of Shri Arun Kumar Panchal, S/o Sh. Surender Kumar

Panchal, R/o H.No.B-313, Street No.3, B- Block, Near Railway Phatak,

Meet Nagar, Delhi-110094.

SA

I am the appellant in the present appeal. I do not want to pursue the

present appeal and wish to withdraw the present appeal unconditionally,


RO & AC



A.No. 219/19. 30.07.2019 Present : None for the...

Documents

Transcript of A.No. 219/19. 30.07.2019 Present : None for the...