A.No. 718/17 & 719/17 24.04.2019 In the interest of ...

A.No. 718/17 & 719/17 24.04.2019

Present : None for appellant.

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

None has appeared on behalf of the appellant.

In the interest of justice, matter is adjourned for final

arguments on 05.08.2019.

(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.

Appellate Tribunal:MCD 24.04.2019

A.No. 1023/17 & 1024/17 24.04.2019

Present : Sh. K.B. Gupta, counsel for appellant.

Sh. V.K. Aggarwal / Sh. Shashikant Sharma,

counsel for MCD.

Sh. Samir Sagar, counsel for applicant.

Applicant has not complied the order dated

10.01.2018 for filing the affidavit.

Let the said direction be complied within one week,

failing which adverse orders will be passed on next date of

hearing.

Put up this matter for further proceedings and

arguments on 05.09.2019.

Interim stay, if any, is extended till next date.



A.No. 654/15 24.04.2019

Present : Sh. Dalip Rastogi, counsel for appellant.

Ms. Aarti Bhardwaj, proxy counsel for Sh.

Naresh Kumar, counsel for MCD.

Adjournment sought.

Put up this matter for consideration of status report

and arguments on 20.08.2019.




A.No. 145/15, 802/14 & 328/14 24.04.2019

Present : Sh. Amit Sethi, counsel for appellant.

Sh. Ashok Kumar, Senior Assistant from New

Delhi Municipal Council.

Sh. Sanjay Sharma, counsel for DDA.

Written submissions have already filed.

Put up this matter for perusal of written submissions /

consideration / arguments, if required, on 29.07.2019.



A.No. 320/15 24.04.2019

Present : Appellant in person.

None for respondent.

Adjournment sought.

Put up this matter for final arguments on 19.07.2019.



A.No. 706/15 24.04.2019


Applicant in person.

None for DDA.

Advocates are not available.

Put up this matter for arguments on 08.08.2019.



A.No. 651/18 24.04.2019


Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. Suresh Dua, AE(B).

Status report filed.

Original record regarding demolition proceedings

produced.

On perusal of record, it is found that demolition order

was passed on 23.07.2016. Demolition action was

attempted between 23.08.2016 and 23.09.2018.

Thereafter, on 25.07.2018, the property was sealed.

It seems that deliberately no action has been taken

and in order to protect the unauthorized construction,

sealing action has been taken.

Concerned Dy. Commissioner is directed to

personally look into the matter and take necessary action

against the AE(B) and JE(B) for not taking the demolition

action as no appeal has been filed against the demolition

action / order and only the appeal against sealing order has

been filed recently on 11.09.2018.

Original record returned for taking action. Photocopy

of record be placed on record.

Status report be filed under the hand and signature of

Dy. Commissioner.

Copy of the order be given Dasti to both the parties,

as prayed.

Put up this matter for filing status report by the

respondent and arguments on 03.06.2019.



A.No. 479/17 & 480/17 24.04.2019

Present : Sh. Daman Popli, counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

Verification of receipt not filed.

Concerned AE(B) / Officer is directed to appear in

person on 03.06.2019.



A.No. 608/11, 609/11, 615/11, 616/11, 617/11 & 618/11 24.04.2019

Present : Sh. Deepak Aggarwal, counsel for appellant.

Sh. Nitin, proxy counsel for Sh. Ashutosh

Gupta, counsel for MCD alongwith Sh. Abdul

Haq, Nodal Officer for North DMC.

Parties are directed to file written submissions.





A.No. 478/11 24.04.2019

Present : Sh. Naveen, son of appellant.


Written submissions have already filed.

Put up this matter for perusal of written submissions /

consideration / arguments on 17.05.2019.



A.No. 871/17 24.04.2019


Ms. Sarita, proxy counsel for Sh. Umesh

Gupta, counsel for MCD alongwith Sh. Sanjay

Gupta, ALO.

Status report filed.

Put up this matter for filing complete status report in

compliance of order dated 13.03.2019 / further proceedings

on 06.08.2019.



M.No. 21/18 24.04.2019



Adjournment sought.

Put up this matter for filing reply and arguments on

30.05.2019.



A.No. 861/16, 888/16 & 1013/16 24.04.2019

Present : Sh. Munish Chokkar, counsel for appellant

alongwith Sh. Bhagirath Sharma, one of the

appellants.


Adjournment sought.

Put up this matter for consideration of written

submissions and arguments on 17.05.2019.



A.No. 200/18 & 226/18 24.04.2019

Present : Sh. Amit Sethi, counsel for appellant.

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

Ashutosh Gupta, counsel for MCD.

Adjournment sought as main counsel for respondent

is not available.

Put up this matter for consideration of submissions

and status report filed on previous date and arguments on

22.05.2019.




A.No. 534/18 24.04.2019



Status report not filed.

Concerned AE(B) is directed to appear in person

alongwith status report on 19.07.2019.



A.No. 89/14 24.04.2019

Present : Sh. Gaurav Jain, counsel for appellant.


Adjournment sought for arguments.


respondent and final arguments on 06.08.2019.



A.No. 1185/16, 1124/15, 1125/15, 1123/15, 1122/15, 1126/15, 374/16 &

1045/16

24.04.2019


Sh. Shashikant Sharma / Sh. Mohit Sharma /

Sh. H.R. Aggarwal, counsel for MCD.

An application is moved on behalf of the appellant.

Let notice of this application be issued to IRP for

06.08.2019.

Notice be given Dasti.



A.No. 166/16 & 281/16 24.04.2019




Let the same be filed within four weeks.

Put up this matter for that purpose and arguments on

12.07.2019.



Misc in A.No. 638/15 24.04.2019


Ms. Nagina Jain, counsel for MCD.

Adjournment sought to deposit the costs.

Put up this matter for filing receipt on 12.07.2019.



M.No. 27/18 & 28/18 24.04.2019

Present : Sh. Kanwar Kochar, counsel for appellant.

Sh. Amit Kumar, proxy counsel for Sh. Naveen

Grover / Sh. Nitin, proxy counsel for Sh.

Ashutosh Gupta, counsel for MCD alongwith

Sh. Rajiv Garg, Nodal Officer for North DMC.

Put up this matter for arguments on the application /

consideration on 15.05.2019.



A.No. 910/15 24.04.2019



Status report was filed on previous date stating that

as per settlement arrived in LPA No. 572/2011, permission

has been granted vide sanction / permission letter dated

11.12.2018.

Ld. counsel for appellant submitted that in view of the

sanction of tower / transmission pole in question, the sealing

order needs to be quashed.

I have also heard counsel for respondent who

submits that since the permission has been granted, the

tower / transmission pole has been regularized and the

Tribunal may pass the appropriated orders accordingly.

In view of the submissions made at bar and the

permission having been granted to the appellant vide letter

dated 11.12.2018, the impugned sealing order challenged

herein stands quashed after fulfillment of the terms and

conditions of sanction letter by the appellant.

Respondent may deseal the tower in question. The

appeal is disposed of accordingly in above terms.

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

respondent alongwith copy of this order.

File be consigned to record room.



Misc in A.No. 641/18 24.04.2019

Present : Counsel for appellant.

Sh. Abdul Haq, Nodal Officer for North DMC.

The file has been sent in the appeal to Ld. District &

Session Judge.

Put up this matter for awaiting orders / further

proceedings on 24.07.2019.



A.No. 215/14 24.04.2019


Proxy counsel for respondent.

It seems that the order dated 21.08.2018 has not

complied.

Put up this matter for compliance / arguments on

19.07.2019.



M.No. 02/19 24.04.2019


None for respondent.




A.No. 119/19 & 71/19 24.04.2019

Present : Sh. Alok Singh, counsel for appellant.

Sh. Nitesh Kumar Singh / Sh. Nitin, proxy

counsel for Sh. Ashutosh Gupta, counsel for

SDMC.

Status report filed. Copy supplied.

It is stated that demolition action on the floors has

been taken on 01.03.2019. The property is lying sealed.

Original Record has been brought. Let the same be

deposited with the registry of this Tribunal.




A.No. 858/18 & 738/18 24.04.2019

Present : Sh. Avishek Kumar, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD

alongwith Sh. Shailender Singh, AE(B).

On 20.02.2019, it was submitted by counsel for

respondent that it is not clear whether Sanctioned Building

Plan is for the entire building or for part property and as

such the concerned AE(B) was called.

Sh. Shailender Singh, AE(B) is directed to clarify the

said point by filing status report on next date of hearing.





Misc. in A.No. 232/15 24.04.2019


Sh. Dharamvir Gupta, counsel for MCD.

Status report filed regarding outcome of vigilance

enquiry stating that Commissioner, EDMC has approved the

recommendation of Chief Vigilance Officer of enquiry report

to proceed RDA for major penalty against three erring

Junior Engineers & three Assistant Engineers.

Put up this matter for filing further status report by the

respondent and further proceedings on 09.07.2019.



A.No. 940/18 24.04.2019

Present : Counsel for appellant.

Sh. H.R. Aggarwal, counsel for MCD.


Written submissions also filed by the respondent.

Put up this matter for filing objections, if any, to the

status report and final arguments on 31.05.2019.



A.No. 72/19 24.04.2019

Present : Sh. Manak Bhudhiraja, counsel for appellant.

Sh. Shashikant Sharma, counsel for MCD.

Record has been produced.


Respondent is directed to file detailed reply because

the appellant has alleging that the order does not pertain to

his property.





A.No. 260/17 24.04.2019

Present : Sh. B.D. Kaushik, counsel for appellant.

Sh. Rajiv Garg, Nodal Officer for North DMC

alongwith Sh. R.C. Meena, JE(B).

Joint inspection could not be carried out due to

suspension of the concerned officer.

Let fresh joint inspection be carried out on

08.05.2019 at 3.00 pm. Other terms and conditions will

remain same as per the order dated 03.04.2019.



Copy of the order be given Dasti to both the parties,

as prayed.



A.No. 844/18 24.04.2019

Present : Sh. Sagar Sharma, counsel for appellant.



Record not attached.

Original record be deposited with the Registrar.

Put up this matter for arguments on maintainability of

the appeal on 08.07.2019.



A.No. 81/19 24.04.2019


Ms. Sarita, proxy counsel for Sh. Umesh

Gupta, counsel for MCD.

Status report not filed by the respondent.

Put up this matter alongwith connected appeal

bearing nos. 14/19 & 15/19 for filing status report by the




A.No. 14/19 & 15/19 24.04.2019



Vakalatnama on behalf of respondent filed.

Reply to the application seeking condonation of delay

not filed.

Let the same be filed by the respondent.




Misc. in A.No. 1097/16 24.04.2019


Sh. Nitin, proxy counsel for Sh. Ashutosh

Gupta, counsel for MCD.

Status report not filed in compliance of order dated

04.01.2019. Let the same be filed.

Put up this matter for that purpose and arguments on

22.07.2019.



A.No. 795/18 24.04.2019

Present : Sh. S. Hussain, counsel for appellant.

Ms. Nagina Jain, counsel for MCD alongwith

Sh. V.K. Gupta, AE(B).

AE(B) states that order dated 09.04.2018 in the

contempt petition No.712/18 is not available on website and

he seeks adjournment to file the copy of the same.

Counsel for appellant has also not placed on record

copy of the petition filed in the Hon’ble High Court on the

basis of which order dated 06.04.2018 was passed was

passed.

Adjournment sought.

Put up for obtaining the certified copy of the passed

by the Hon’ble High Court in contempt petition No.712/18

and copy of petition filed before the Hon’ble High Court.

Put up for consideration / arguments on 03.05.2019.



A.No. 243/19 24.04.2019

Present : Sh. Narveer Dabas, counsel for appellant.

Fresh appeal filed against demolition order dated

27.03.2019 alongwith application seeking condonation of

delay.

The property was booked for unauthorized

construction during the pendency of the civil suit

No.1642/18 in the court of Sr. Civil Judge where status

report was filed.

Let notice of the appeal and application 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. Record be deposited immediately in

the Tribunal.

Put up this matter on 06.05.2019.

Notice be given Dasti, as prayed.



A.No. 433/18, 435/18 & 436/18 24.04.2019

Present : Sh. K.B. Gupta and Sh. Karan Jain, counsel for

appellant alongwith Dr. Shekhar Aggarwa and Sh.

Kishan Mittal, Trusttes of the appellant.

Sh. Ashutosh Gupta, counsel for MCD alongwith

Sh. J.P. Verma, EE(B) and Sh. Ashish Sharma,

AE(B).

Sh. Atul Rathi, counsel for I&FC alongwith Sh. Y.K.

Sharma, SE, FC-I/I&FC.

Proxy counsel for Sh. Piyush Jain, counsel for DDA

alongwith Sh. Sanjeev Arya, CE(EZ) DDA and Sh. Rakesh Kumar

Asstt. Director (OSB) DDA.

Chief Engineer (EZ) is present and has placed on record

the status report submitted by the DDA to the Hon’ble NGT dated

20.07.2015 alongwith map which was submitted before the

Principle Committee identifying the flood plain area and the site

of the Parmanand Hospital has been marked out of the flood

plain.

Asstt. Director has filed the status report signed by the Dy.

Director, DDA in response to the query raised in the order dated

16.04.2019 alongwith the minutes of the meeting dated

12.04.2019 and the opinion of the Ld. Solicitor General.

On behalf of the MCD status report has been filed with the

approval of the Commissioner signed by the Dy. Commissioner

concerned in compliance of the order dated 16.04.2019.

S.E. I&FC is present and filed the copy of the action taken

report which has been filed by the Hon’ble NGT. Affidavit filed

before the Hon’ble NGT has also been placed on record.

Further arguments also heard.

Put up for order / clarification if any on 26.04.2019.



A.No. 534/18 24.04.2019

File taken up again at 2.00 p.m. at the request of the

counsel for appellant Sh.Amit Tanwar.

Response of the RTI application dated 03.03.2015 is

placed on record.

Adjourn for date already fixed i.e. 19.07.2019.

Copy of the order be given Dasti.



A.No. 247/19 24.04.2019

Present : Appellant in person alongwith son of the

appellant Sh. Rishi Raj Gupta.

Fresh appeal filed against sealing order dated

22.11.2017 alongwith application seeking condonation of

delay.

Let notice of the appeal and application 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. Record be deposited immediately in

the Tribunal.

Put up this matter on 15.07.2019.



A.No. 944/16 24.04.2019

Present : Counsel for parties.

Due to dictation in other cases, no time left.

Put up this matter for clarification, if any / orders on

20.05.2019.



A.No. 1062/17, 1069/17, 827/17 & M-73/17 24.04.2019

Present : Counsel for parties.

Due to dictation in other cases, no time left.

Put up this matter for clarification, if any / orders on

08.05.2019.



A.No. 24.04.2019

Present :



A.No. Statement of Sh. ON SA

RO&AC



A.No. Statement of Sh.

ON SA

RO&AC



A.No. 718/17 & 719/17 24.04.2019 In the interest of ...

Documents

Transcript of A.No. 718/17 & 719/17 24.04.2019 In the interest of ...