A.No. 277/16 16.10.2018 Present : None for appellant. Sh. Dharamvir Gupta, counsel for MCD. None has appeared on behalf of the appellant. Put up this matter at 02.00 pm. (RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD 16.10.2018 02.30 pm Present : Sh. Kishor Kumar, proxy counsel for Sh. H.S. Dhawan, counsel for appellant. Sh. Dharamvir Gupta, counsel for MCD. Adjournment sought by the appellant. In the interest of justice, last and final opportunity is granted for withdrawal of the appeal / final arguments on 26.11.2018. (RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O. Appellate Tribunal:MCD 16.10.2018
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A.No. 277/16 16.10.2018
Present : None for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
None has appeared on behalf of the appellant.
Put up this matter at 02.00 pm.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
02.30 pm
Present : Sh. Kishor Kumar, proxy counsel for Sh. H.S.
Dhawan, counsel for appellant.
Sh. Dharamvir Gupta, counsel for MCD.
Adjournment sought by the appellant.
In the interest of justice, last and final opportunity is
granted for withdrawal of the appeal / final arguments on
26.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to
694/17, 741/17 to 743/17 & 707/17
16.10.2018
Present : Sh. O.P. Verma / Sh. R.S. Chaggar / Sh.
Gaurav Kakkar / Ms. Priya Pathania / Sh.
Saurabh Pathak / Sh. Lakshay Raheja,
counsel for appellants.
Sh. Naresh Kumar / Ms. Vasu Singh / Sh. P.K.
Chauhan / Sh. Shashikant Sharma / Ms.
Nagina Jain / Sh. V.K. Aggarwal / Sh. Umesh
Gupta / Sh. Prashant Kumar Bhardwaj / Sh.
Vikas Gupta / Sh. Harbans Kaushal / Sh.
Ashok Kumar Khosla / Sh. Madan Sagar / Sh.
A.L. Agnihotri / Sh. H.R. Aggarwal / Sh. P.K.
Parasar, proxy counsel for Sh. S.K. Pruthi /
Sh. Amit Kumar Mittal / Sh. Amit Kumar, proxy
counsel for Sh. Naveen Grover / Sh. Vikas
Rohtagi, counsel for North DMC alongwith Sh.
R.K. Jain, AE(B) and Sh. Rajiv Garg, Nodal
Officer for North DMC.
Fresh Vakalatnama of Ms. Priya Pathania on behalf
of appellant filed in appeal no. 707/17.
Status report filed.
At the very outset, it is submitted by Sh. Rajiv Garg,
ALO and Sh. R.K. Jain, AE(B) that LOSC has taken a
decision on 15.10.2018 and the minutes are yet to be
received and the status report on the basis of said decision
alongwith copy of decision will be submitted within four
weeks.
In the status report filed today, it is submitted that
application for compounding of deviations of the flats in
question were examined by the department and the same
has been rejected by the competent authority after
considering the opinion given by the Building HQ.
A.No. 550/17 to 601/17, 624/17 to 632/17, 647/17 to 650/17, 655/17 to
694/17, 741/17 to 743/17 & 707/17
Nothing is mentioned in the status report in respect of
how many and which flat rejection order has been filed
though the individual order has been attached with the
status report.
Respondent is directed to file the status report for
each flat so that the said order may be placed / given to the
appellant who has filed separate appeal.
Copy of status report alongwith individual order has
already been supplied to counsel for appellant.
Put up this matter for filing status report regarding the
decision of LOSC on 13.12.2018.
Original order is placed in appeal file no. 550/17.
Attested copy of this order be placed in other appeals as
mentioned above.
Copy of order be given Dasti to both parties for
compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 868/17 16.10.2018
Present : Sh. Subhash, brother of appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Adjournment sought as counsel for appellant is not
available.
Concerned AE(B) is directed to appear in person on
next date of hearing for making the statement as tracking
record of service of show cause notice has not been filed.
Put up this matter for that purpose and further
proceedings on 23.10.2018.
Copy of order be given Dasti to counsel for
respondent for compliance.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 701/18 16.10.2018
Present : Sh. K.B. Gupta, counsel for appellant
alongwith appellant.
Sh. Shashikant Sharma, counsel for MCD
alongwith Sh. Hukum Singh, AE(B).
Status report filed by the appellant.
Ld. counsel for appellant submitted that due to
inadvertent mistake the affidavit as was directed on
previous date could not be filed on the assumption that the
affidavit earlier filed with the appeal should be considered.
A request is made to permit the appellant to supply
the said copy of the affidavit to the AE(B) concerned.
In the interest of justice, subject to costs of Rs.
5,000/- to be deposited today with the Registrar, request for
supplying the affidavit to the AE(B) is allowed.
Let copy of affidavit be placed on record with the
directions to place one copy before this Tribunal and with
the directions to supply one copy to the respondent
alongwith site plan today.
Reply to the application u/s 5 of Limitation Act was
already filed. Once the status of construction is received,
the application for interim stay will be considered on merit
on next date of hearing.
Put up this matter for filing status report by the
respondent and arguments on interim application on
10.12.2018.
Interim stay, if any, is extended till next date.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 30/16 & 582/16 16.10.2018
Present : Ms. Bhawna, proxy counsel for Ms. Aditya
Nayyar, counsel for appellant.
Ms. Nagina Jain / Sh. V.K. Aggarwal, counsel
for MCD.
Status report filed stating that property has been
regularized by the department upon getting the applicable
compounding fee for regularization of existing construction
deposited by the appellant and for the present, there is no
requirement for execution of demolition order keeping in
view of present status of building at site.
Alongwith status report, copy of original noting dated
28.09.2018 is also submitted that these noting are the order
of regularization. It is mentioned in the said noting that on
inspection, it was found that no non-compoundable
deviations as the applicants have removed all the deviations
/ irregularity against sanctioned plan. The deviations of
compoundable nature are well taken into account and the
compounding fee towards the compoundable deviations has
been worked out, which comes to Rs. 97,000/-. Apart from
cess charges to the tune of Rs. 2,500/- is also payable.
It is further submitted that the demolition action will
be dropped close down after getting the regularization
charged deposited by the appellant and extending the
status of regularization thereof.
Vide status report dated 10.10.2017, it was reported
that the appellants were directed to deposit the amount of
Rs. 97,000/- and 2,500/-. AE(B) submits that the appellant
has deposited the said amount vide receipt dated
29.09.2018. Copy attached alongwith detailed area chart
giving details of expenses / compoundable fees.
Let the statement of appellant as well as AE(B) be
recorded in this regard.
A.No. 30/16 & 582/16
At this stage, adjournment sought by the AE(B) to file
formal order of regularization.
Respondent is directed to file status report alongwith
copy of said order, if any alongwith present status of
building whether the completion has been completed or any
construction is to be carried out in future alongwith
photographs.
Put up this matter for that purpose and filing status
report by the respondent on 29.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 465/16, 336/15 & 284/15 16.10.2018
Present : Sh. M.S. Khan, counsel for appellant.
File taken up today on an application moved by the
appellant for appointment of Local Commissioner.
Notice of the application be issued to the respondent
for 02.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
M.No. 26/18 16.10.2018
Present : Sh. Avishek Kumar, counsel for appellant.
An application is moved by the appellant for
restoration of appeal which was dismissed on 08.10.2018.
On perusal of file, it is found that the process was
issued dasti but the same was not taken and served upon
the respondent.
For two dates, dasti process was not taken after
passing of order for service of notice to the respondent on
09.08.2018 and 05.09.2018.
For the reasons mentioned in the application, subject
to costs of Rs. 5,000/-, application for restoration of appeal
is allowed. Notice of the appeal was not served to the
respondent when the appeal was dismissed for non-
prosecution.
Let fresh notice of the appeal and application be
issued to the respondent through concerned Chief Law
Officer as per previous orders. AE(B) is directed to appear
in person and file entire record of the proceedings, reply and
status report of the appeal on the date fixed.
Costs be deposited before next date of hearing.
Appeal is restored to its original number and position.
Process be given Dasti.
Put up this matter on 19.12.2018 when other
connected appeal is listed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 750/18 16.10.2018
Present : Sh. B.P. Gupta, counsel for appellant.
Appeal has been filed against the sealing show
cause notice dated 25.07.2018.
It is stated that despite filing of application for
supplying the copy of order has not been filed. That
application is placed at page no. 63.
Respondent is directed to supply copy of order to the
appellant.
Notice of the appeal and application be issued to the
respondent through concerned Chief Law Officer. AE(B) is
directed to appear in person and file entire record of the
proceedings, reply and status report of the appeal on the
date fixed.
Put up this matter on 15.11.2018.
Notice as well as copy of order be given Dasti, as
prayed.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 748/18 16.10.2018
Present : Sh. Rishabh Singhal, counsel for appellant.
Appeal has filed for quashing / setting aside the
sealing of property bearing no. B3/41-42, Second floor,
Sector-11, Rohini, Delhi.
Nothing is mentioned about the date and description
of sealing order.
It is stated that application was moved for getting the
sealing order which is placed at page no. 40-D which was
received in the office of respondent on 27.09.2018.
It is stated that copy of order has not been supplied.
Respondent is directed to supply the copy of sealing
order to the appellant.
Let the notice of the appeal and application be issued
to the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person and file entire record
of the proceedings, reply and status report of the appeal on
the date fixed.
Put up this matter on 02.11.2018.
Notice and copy of order be given Dasti.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 749/18 16.10.2018
Present : Sh. Yudhishter Sharma, counsel for appellant.
This is an appeal against the sealing show cause
notice.
Adjournment sought to file the copy of sealing order.
Put up this matter for consideration on 02.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 784/18 16.10.2018
Present : None for appellant.
This is an appeal against the sealing order dated
22.06.2018 communicated to the appellant alongwith
demolition order dated 07.08.2018.
On perusal of file, it is noticed that an agreement /
MOU filed by the appellant with regard to the construction of
the property in question. The said MOU for that alleged
construction has been made after November 2017.
Let the notice of the appeal and application be issued
to the respondent through concerned Chief Law Officer.
AE(B) is directed to appear in person and file entire record
of the proceedings as well as sealing order, reply and status
report and action taken report of the appeal on the date
fixed.
Put up this matter for filing reply, record, status report
/ action taken report on 30.11.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
M.No. 65/13 16.10.2018
Present : Mohd. Salim on behalf of appellant.
Sh. V.K. Aggarwal, counsel for MCD.
Mohd. Salim has filed photocopy of certified copies
as was directed on previous date.
Put up this matter for perusal of certified copies,
clarifications, if any / orders on 23.10.2018.
(RAJ KUMAR CHAUHAN) AD&SJ-cum-P.O.
Appellate Tribunal:MCD 16.10.2018
A.No. 110/18 16.10.2018
Present : Sh. A.K. Sharma, counsel for appellant.
None for respondent.
Original record not produced.
Respondent is directed to produce the original
record.
Put up this matter for clarifications, if any / orders on