A.No. 283/17, 284/17, 501/17 and 502/17 Present : Appellant...

A.No. 283/17, 284/17, 501/17 and 502/17 18.02.2020 Present : Appellant with Ld. counsel Ms. Rekha Rani.

Ms. Nagina Jain, Ld. counsel for MCD.

Fresh Vakalatnama filed on behalf of appellant.

Ld. counsel for respondent has filed an order of Monitoring

Committee dated 25.09.2019 whereby premises in question

bearing No.8/99-100 (Basement, Ground Floor, First Floor

and Second Floor), Double Storey Main Road, Tilak Nagar,

New Delhi-110018 has been permanently desealed being a

case of wrong sealing.

The appellant states that in view of the order of Monitoring

Committee he does not wish to pursue the appeal.

Statement of the appellant recorded.

The appeal accordingly stands dismissed as withdrawn as

having become infructuous.

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

respondent alongwith copy of this order. File be consigned

to record room.

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

Appellate Tribunal:MCD 18.02.2020

A.No. 813/14 18.02.2020 Present : None for the appellant.

Sh. Ashutosh Gupta, Ld. counsel for MCD with Sh. Rajeev

Garg, ALO.

As none has appeared for appellant, be listed for further

proceedings on 24.03.2020.



A.No. 36/19 and 196/18 18.02.2020 Present : None for appellant.

Sh. Vikram Aggarwal, Ld. counsel for MCD with Sh. Deepak

Kapila, AE(B).

Respondent is directed to file the record.

To come up for further proceedings on 27.04.2020.



A.No. 479/19 18.02.2020 Present : Appellant with Ld. counsel Sh. M.R. Sisodia.

Sh. Nitish Kumar, Ld. counsel for MCD.

Ld. counsel for respondent seems more time to file status

report.

Be listed on 28.02.2020.

AE(B) to the present on next date.



A.No. 15/20 to 32/20, 759/19 to 781/19, 717/19 to 751/19, 784/19 to 805/19 and 820/19 to 843/19.

18.02.2020 Present : Sh. Varun Tyagi, Ld. counsel for appellants.

Sh. V.K. Aggarwal / Sh. Mohit Sharma / Sh. K.K. Arora / Sh.

Shashi Kant Sharma / Ms. Beena Sharma / Sh. Ranjit

Pandey / Sh. Bhagwan Singh / Sh. Tejasvi Goel / Sh. Amit

Kumar / Sh. Rahul / Ms. Aishani Narain / Sh. Archit

Vasudeva / Sh. Madan Sagar / Sh. Tarun Sabharwal / Sh.

Nitin Som / Sh. Sahib Gurdeep Singh / Sh. Rajesh Kumar

Shandilya / Sh. Pritish Sabharwal / Sh. Vijay Rathi / Sh.

Mukesh Sinha / Sh. Pranshu Khatri / Ms. Sudesh Sharma /

Ms. Manpreet Kaur / S. Adil Hussain / Sh. Utkarsh Sharma /

Sh. Pramod Kaushik/ Ms. Anubha Kuashal / Sh. Varun

Sharma / Ms. Shatakshi Verma Ld. counsels for SDMC.

Sh. Satyender Verma, Ld. counsel for applicant.

Reply filed to the interim application on behalf of the

respondent, copy supplied.

Rejoinder filed, copy supplied.

An application moved on behalf of applicant under Order 1

Rule 10 CPC in appeal Nos. 719/19, 720/19, 723/19 to

727/19, 760/19, 729/10, 730/19, 731/19, 734/19, 738/19,

739/19, 742/19, 751/19, 787/19, 792/19, 794/19 and 798/19.

Arguments heard on the application for interim stay.

Be listed for order on the application on 27.02.2020.

Interim protection granted by the Hon’ble High Court is

extended till next date.

Original order be placed in appeal No.15/20 and attested

copies of the order be placed in other files.



A.No. 450/18 and 451/18 18.02.2020 Present : Appellant with Ld. counsel Sh. Sahil Munjal.

Ms. Nagina Jain, Ld. counsel for MCD with Sh. Rajeev

Garg, ALO.

Ms. Manorma Masih, Ld. counsel for Monitoring Committee.

Ld. counsel for Monitoring Committee states that

respondent has sealed the property in question on the

directions of the Monitoring Committee.

Ld. counsel for Monitoring Committee further states that in

Writ Petition No.8647/2017 titled South Delhi Municipal

Corporation Vs Brigadier (Retd.) A S Popli and Anr. Hon’ble

High Court had directed that where the premises have been

sealed/dealt with at the instance of Monitoring Committee,

then it is the Monitoring Committee/Supreme Court who are

to deal with litigations pertaining to such situation.

Ld. counsel for appellant states that in view of the

submissions made by Ld. counsel for Monitoring Committee

appellant wishes to withdraw the appeal with liberty to

approach the Hon’ble Supreme Court / Monitoring

Committee.

Statement of appellant recorded.

The appeal accordingly stands dismissed as withdrawn with

liberty as prayed to approach Hon’ble Supreme Court of

India / Monitoring Committee constituted by the Hon’ble

Supreme Court.


respondent alongwith copy of this order. File be consigned

to record room.



A.No. 237/19 18.02.2020 Present : Sh. S.D. Ansari, Ld. counsel for appellant.

None for respondent.

Ld. counsel for appellant seeks more time to file the copy of

the impugned order.

To come up on 22.04.2020 for arguments.



A.No. 614/19 and 615/19 18.02.2020 Present : Sh. Dalip Rastogi, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD with Sh. Rajeev

Jain, AE(B).

Vakalatnama filed on behalf of respondent in appeal

No.615/19.

Compliance report of order dated 20.01.2020 filed by

respondent stating that sealing order was passed by

competent authority and executed on 26.07.2018. It is

further stated that appellant had applied for temporary

desealing of the property. The competent authority vide

order dated 08.04.2019 temporarily desealed the same for

three days but the property could not be fully resealed on

05.09.2019.

Ld. counsel for appellant states that at the time of passing of

interim order dated 23.10.2019, the property was not

sealed.

It is to be noted that respondent was restrained from taking

coercive action in the property in question vide order dated

23.10.2019 in appeal against order of sealing bearing

No.614/19 and was also restrained from taking demolition

action in the property in question in appeal No.615/19 filed

against order of demolition.

The respondent was to file compliance report of order dated

23.10.2019, as per the report submitted today the order

dated 23.10.2019 has not been complied with.

The concerned Dy. Commissioner to be present on next

date.

Be listed for status report on 13.03.2020.

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



A.No. 673/19 and 674/19 18.02.2020 Present : Ms. Nishi Jain, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Ld. counsel for respondent states that the contents of

affidavit of the appellant could not be verified as the

property is lying sealed. It is stated that directions may be

given to deseal the property for one day to inspect the

same.

Respondent is directed to deseal the property in question on

02.03.2020 from 11.00 a.m. to 1.00 p.m. Appellant is

directed to be present on said date and time. The property

in question be resealed on the same day after inspection.

Be listed for filing of status report on 20.04.2020.

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



A.No. 81/20 18.02.2020 Present : Sh. Bhagat Singh, Ld. counsel for appellant.

Fresh appeal filed u/s 347-B 1(l) & (p) of DMC Act against

the order of removal dated 03.02.2020. Be checked and

registered.

Notice of the appeal be issued to the respondent through

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

alongwith entire record of the proceedings, status report and

reply of the appeal on date fixed. Record be deposited in

the Tribunal.

Be listed for arguments on 24.02.2020.



A.No. 295/19 18.02.2020 Present : Sh. Gopesh Tripathi, Ld. counsel for appellant.

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

Fresh vakalatnama filed on behalf of appellant.

An application moved on behalf of appellant for withdrawal

of the appeal. Statement of the appellant recorded.

In view of the statement of appellant, the appeal stands

dismissed as withdrawn. Resultantly the impugned order

dated 05.03.2019 stands confirmed. Respondent is at

liberty to take action in the property in question in

accordance with law. AE(B) concerned to file action taken

report before the Dy. Commissioner concerned.


respondent alongwith copy of this order.

File be consigned to record room.



A.No. 581/19 18.02.2020 Present : Sh. Atul Kharbanda, Ld. counsel for appellant.

Sh. Dharamvir Gupta, Ld. counsel for MCD.

Arguments heard on the application for amendment moved

on behalf of appellant to bring on record all the LRs of the

deceased appellant.

To come up for orders on 18.03.2020.



A.No. 450/13 18.02.2020 Statement of Ms. Poonam Gupta W/o Sh. Harish Gupta, appellant R/o

AL-36, Shalimar Bagh, Delhi-110088

On SA

I am the appellant in the present appeal, in view of the submissions of

Ld. counsel for Monitoring Committee that the property has been sealed

on the directions of the Monitoring Committee, I may be permitted to

withdraw the appeal with liberty to approach Hon’ble Supreme Court of

India / Monitoring Committee constituted by the Hon’ble Supreme Court.

RO & AC



A.No. 451/13 18.02.2020 Statement of Sh. Harish Gupta S/o Sh. Sh. L.N. Gupta, appellant R/o AL-

36, Shalimar Bagh, Delhi-110088.

On SA

I am the appellant in the present appeal, in view of the submissions of

Ld. counsel for Monitoring Committee, I may be permitted to withdraw the

appeal with liberty to approach Hon’ble Supreme Court of India /

Monitoring Committee constituted by the Hon’ble Supreme Court.

RO & AC



A.No. 295/19 18.02.2020 Statement of Smt. Anita Singh W/o Manvendra Pratap Singh, appellant

R/o G-1, Shakarpur, Delhi

On SA

I am the appellant in the present appeal, I may be permitted to withdraw

the appeal unconditionally.

RO & AC



A.No. 283/17, 284/17, 501/17 and 502/17 18.02.2020 Statement of Sh. Aditya Sanghi S/o Sh. Rajeshwar Sanghi, appellant R/o

H.No. 779, CA Apartments, Paschim Vihar, new Delhi

On SA

I wish to withdraw the present appeal in view of the order of the

Monitoring Committee dated 25.09.2019, the same may be dismissed as

withdrawn.

RO & AC



A.No. 299/19. 18.02.2020 Present : Appellant with Ld. counsel Sh. Parvinder Chauhan.

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

Sh. Mukesh Kumar Sharma, Ld. counsel for applicant.

Status report filed stating that the application for

regularization is under process.

Reply filed to the application under Order 1 Rule 10 CPC,

copy supplied to opposite counsel.

To come up for filing of status report qua regularization

application, arguments on the interim application and

arguments on the application under Order 1 Rule 10 CPC

on 13.04.2020.



A.No. 73/12, 79/12 and 919/17. 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

with Sh. Rajiv Garg, ALO and Sh. R.K. Sharma, AE(B).

Sh. Dilpreet Singh, Ld. counsel for applicant.

Status report filed stating that on checking the online

website relating to sanctioning of building plans it has been

found that since 08.04.2016 no building plan has been

sanctioned by the Building Department, Keshav Puram

Zone in respect of property no. 4, Block No. 19, Roshnara

Extn. Scheme, Delhi. It is further stated that the appellant

may be asked to supply the complete particulars of the file

of above property.

Copy supplied.

Time is sought by appellant to supply the complete

particulars within a week.

Subject to filing of particulars by the appellant, status report

be filed.


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



A.No. 165/19 and 790/18. 18.02.2020 Present : Appellant with Ld. proxy counsel, Sh. Vineet Kaushik.

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

At request of proxy counsel for appellant, adjourned for

withdrawal of the appeal to 11.03.2020.



M.No. 30/19, A.No.348/19 and 651/18. 18.02.2020 Present : Appellant with Ld. counsel, Sh. V.P. Bhardwaj.

Sh. Shashikant Sharma, Ld. counsel for EDMC.

An application moved u/s. 151 CPC on behalf of appellant

with documents. Copy supplied.

Ld. counsel for appellant states that the certified copy of the

Sale Deed dated 06.12.1991 alongwith site plan registered

with said Sale Deed filed today shows existence of ground,

first, second and third floor as on date of registration of the

same.

Ld. counsel for respondent seeks four days time to comply

with the order dated 07.06.2019.

EE(B) to be present on the next date.

Be listed for further proceedings on 26.02.2020.

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

respondent, as prayed for.



A.No. 393/19. 18.02.2020 Present : Appellant with Ld. counsel, Sh. Amit Kumar.

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

Ashok Kumar, LI.

Affidavit has been filed by the appellant in terms of order

dated 29.11.2019.

Final arguments heard.

Be listed for orders on 13.03.2020.



A.No. 460/14. 18.02.2020 Present : None for the appellant.

Sh. Krishan Keshav, Nodal Officer for SDMC.

Status report filed stating that the permission for installation

of Cell Tower in the property in question has been rejected,

copy of rejection letter has been filed.




At 11.45 am.

At this stage, Sh. Sushil Kumar, Ld. Proxy counsel for

appellant has appeared, he is apprised of the proceedings.



A.No. 598/14. 18.02.2020 Present : Sh. Kanwar Kochar, Ld. counsel for appellant.

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

Rishi Raj, AE(B).

Ld. counsel for respondent states that the application for

regularization is not traceable in their Department.

Appellant is directed to supply the copy of the same to the

respondent within two days.

To come up for filing status report on 26.03.2020.

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



A.No. 24/18 and 25/18. 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

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

Vikram Singh, JE(B).

Ms. Nagina Jain, Ld. counsel for DDA.

Status report filed stating that application for regularization

is pending, status report regarding the same be filed on the

next date.


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

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



A.No. 38/20. 18.02.2020 Present : Sh. V.K. Arora, Ld. counsel for appellant.

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

Time is sought to file the status report.

Record be filed within three days.

To come up for arguments on 24.03.2020.



A.No. 44/20. 18.02.2020 Present : Sh. Mahesh Kumar, Ld. counsel for appellant.

Sh. S.A. Hussain, Ld. Proxy counsel for respondent with Sh.

Ashok Kumar, LI.

Status report filed stating that the property in question has

been sealed by the Department on 28.09.2018 due to

running of illegal unit in non confirming area. It is further

stated that on the request of appellant, the property was de-

sealed for two days and till then the property is lying sealed.

Status report be filed whether the property in question is a

subject matter of the 21960 industrial units in which Ld.

Commissioner, MCD has filed the affidavit before the

Hon’ble Supreme Court in Writ Petition (C) No. 4677/1985

titled M.C. Mehta Vs UOI, if it not so, misuse charges

payable be calculated and report be submitted.


LI concerned to be present on the date fixed..



A.No. 42/19. 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant.

Sh. Sanjay Gupta, ALO for North DMC.

Fresh Vakalatnama filed on behalf of the respondent.

Time is sought to file status report and record.

Ld. counsel for appellant states that appellant has deposited

a sum of Rs.1,000/- towards registration charges and

Rs.79,940/- towards one time conversion charges.

Ld. counsel for appellant further states that in case any

other charges are liable to be paid by the appellant, the

respondent may intimate to him within three weeks.

It is submitted on behalf of respondent that permission may

be given to temporarily deseal the property in question to

calculate the misuse charges.

Heard, respondent is directed to de-seal the property in

question on 03.03.2020 from 10.00 am to 1.00 pm and

thereafter re-seal on the same day.

Applicant is directed to be present on the said date and

time.




A.No. 783/19 18.02.2020 Present : Sh. K. N. Singh, Ld. Counsel for the appellant

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

Arguments have been partly heard on the application for

interim stay.

Ld. counsel for the respondent seeks time to file

photographs mentioned in the impugned order.

AE (B) to be present on next date.

Be listed on 20.02.2020 for further arguments.



A.No. 601/19 18.02.2020 Present : Sh. Mohit Verma, Ld. Counsel for the appellant

Sh. Dharamvir Gupta, Ld. Counsel for respondent.

On request of Ld. Counsel for the appellant adjourned for

arguments on the interim application to 20.04.2020.

AE (B) to be present.



A.No. 416/18 & 417/18 18.02.2020 Present : Md. Anwar, Ld. Proxy Counsel for the appellant

Sh. Ranjit Pandey, Counsel for the respondent

Sh. Vikash Sharma, Ld. counsel for applicant

An application moved under order 1 Rule 10 CPC.

To come up for reply and arguments on application on

22.05.2020.

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



A.No. 145/18 18.02.2020 Present : Sh. Dalip Rustogi, Ld. Counsel for the appellant

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

Sh. Yogesh Kumar, Ld. Counsel for the applicant

Ld. counsels for parties seeks more time to file written

synopsis.

To come up for final arguments on 26.05.2020.




A.No. 252/19 18.02.2020 Present : Sh. Dalip Rustogi, Ld. Counsel for the appellant

Sh. Tejaswai Goel, Ld. counsel for the respondent

Ld. counsels for parties seeks more time to file brief

synopsis.


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



A.No. 1065/17 18.02.2020 Present : Sh. Pranav Vashisht, Ld. Counsel for the appellant

Sh. Ranjit Pandey, Ld. counsel for the respondent

Ld. Counsel for the appellant seeks more time to file brief

synopsis.

Be listed for final arguments on 14.04.2020.




A.No. 779/14, 769/14, 778/14 & 768/14 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant


Ld. Counsel for the appellant seeks more time to file brief

synopsis.

At request, adjourned for final arguments to 05.05.2020.



A.No. 135/16 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Counsel for appellant


Ld. counsel for parties seeks time to file brief synopsis.





A.No. 803/18 & 536/18 18.02.2020 Present : Sh. Rana Ranjit Singh, Counsel for the appellant

Sh. Nitin Shokeen, Ld. Proxy Counsel for respondent

Ld. counsel for appellant seeks time to file the written

synopsis.





A.No. 1075/15 18.02.2020 Present : Sh. Sahil Munjal, Ld. Proxy Counsel for the appellant

Sh. Naveen Grover, Ld. counsel for the respondent

Sh. A. K. Singh, Ld. counsel for applicant.

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

final arguments to 01.06.2020 since main counsel is not

available.




A.No. 622/17 18.02.2020 Present : Appellant in person.

Sh. Shashikant Sharma, Ld. proxy counsel for MCD

At request of appellant, adjourned for final arguments to

03.06.2020, as the counsel is not available today.




A.No. 84/17 18.02.2020 Present : Sh. Amarnath, Ld. Proxy Counsel for the appellant

Sh. Shashikant Sharma, Ld. Counsel for EDMC

Reply filed on behalf of appellant to the status report.

Copy supplied.

At the request of Ld. Counsel for appellant, to come up for

final arguments on 29.05.2020.



A.No. 834/16 18.02.2020 Present : Ms. Aishwarya Luthra, Ld. Proxy Counsel for the appellant

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

At joint request, adjourned for final arguments to

29.05.2020.




A.No. 829/17 & 830/17 18.02.2020 Present : Sh. Dalip Rastogi, Ld. Proxy Counsel for appellant


At request of Ld. counsel for the respondent, adjourned for

final arguments on 27.05.2020.



A.No. 629/15 18.02.2020 Present : Sh. Yogesh Kumar, Ld. Proxy Counsel for the appellant


At joint request, adjourned for final arguments to

22.05.2020.




A.No. 309/12 18.02.2020 Present : Sh. Amit Lamba, Ld. proxy Counsel for the appellant


At request of Ld. proxy counsel for the appellant, adjourned

for final arguments on 19.05.2020 as main counsel is busy

in Hon’ble High Court.



A.No. 134/18 18.02.2020 Present : Sh. V. K. Arora, Ld. Counsel for the appellant

Sh. Varun Khera, Ld. Proxy counsel for the respondent

Request is made for adjournment by Ld. proxy counsel for

the respondent as the main counsel is unwell.

To come for final arguments on 20.05.2020.



A.No. 248/17 & 359/17 18.02.2020 Present : Sh. Sanjay, Ld. Counsel for the appellant

Sh. H.R. Aggarwal, Ld. Counsel for respondent.

Sh. V. K. Mantoo, DLO

Arguments partly heard.

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

further final arguments to 16.03.2020.

Brief synopsis to be filed by the parties.



A.No. 75/15 18.02.2020 Present : Sh. Rupen Dev Sharma, Ld. proxy Counsel for the appellant

Sh. K. K. Arora, Ld. counsel for the respondent

Ld. proxy counsel for appellant seeks adjournment as main

counsel is not available as he is out of station.





A.No. 431/19, 312/19, 309/19, 310/19, 306/19 & 307/19 18.02.2020 Present : Sh. Deepak Jain, Ld. Counsel for the appellant


Sh. Shashikant Sharma, Ld. counsel for MCD

Ms. Kanta Chaudhary, Ld. counsel for EDMC

Sh. Nahar Singh Yadav, Ld. counsel for MCD

Sh. Kaptan Singh, AE (B)

Sh. Pramod Kumar, UDC

Status report filed. Copy supplied.

More time is sought to file the record by respondent in

respect to property in question. The same to be filed on next

date.




A.No. 283/17, 284/17, 501/17 and 502/17 Present : Appellant...

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