A.No. 249/21 25.08.2021 Present : Sh. Kartikeya Ratogi, Ld counsel for the appellant. Sh. Mohit Sharma, Ld counsel for the respondent with Sh. Athar Mustafa, AE(B). The status report and record has been filed. Let the record be deposited with the Registry. Copy of status report supplied to Ld counsel for appellant. Ld counsel for the appellant submits that he will file the documents to show that the alleged one room and bathroom qua which the demolition order dated 10.02.2021 has been passed were constructed prior to the cut off date of 07.02.2007. Put up for filing of aforesaid documents on 02.09.2021. (MANISH KHURANA) P.O : Appellate Tribunal:MCD 25.08.2021
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A.No. 249/21 25.08.2021
Present : Sh. Kartikeya Ratogi, Ld counsel for the appellant.
Sh. Mohit Sharma, Ld counsel for the respondent with
Sh. Athar Mustafa, AE(B).
The status report and record has been filed. Let the
record be deposited with the Registry. Copy of status
report supplied to Ld counsel for appellant.
Ld counsel for the appellant submits that he will file the
documents to show that the alleged one room and
bathroom qua which the demolition order dated
10.02.2021 has been passed were constructed prior to
the cut off date of 07.02.2007.
Put up for filing of aforesaid documents on 02.09.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 909/13 25.08.2021
Present : Clerk for Ld counsel for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent with Sh.
Manish Huriya, AE(B).
The status report has been filed by the concerned AE(B).
Ld counsel for respondent submits that the alleged
unauthorized construction in the property in question has
not been removed/regularized by the department.
Clerk for Ld counsel for appellant submits that the main
counsel is suffering from fever and an adjournment may
be granted.
Put up for arguments on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 217/21 25.08.2021
Present : Sh. S D Ansari, Ld counsel for the appellant.
Sh. Ashutosh Gupta, Ld counsel for the respondent.
The status report has been filed by the Ld counsel for
respondent stating therein that there is no record
regarding the service of notice dated 29.06.2021 prior to
passing of demolition order.
Put up for final arguments on 09.12.2021.
Interim orders, if any, to continue till next date.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 40/21 25.08.2021
Present : None for the appellant.
Sh. Vivek Sharma, ALO for the respondent with Sh. RK
Jain, AE(B).
The status report in terms of previous order has been
filed according to which the demolition order dated
18.01.2021 has been withdrawn vide corrigendum dated
11.08.2021 whereas the demolition order dated
22.01.2019 has been considered as final order u/s
343/344 DMC Act. AE(B) submits that the earlier
demolition order dated 22.01.2019 was not annexed in
the file and therefore inadvertently the new demolition
order dated 18.01.2021 was passed which stood
withdrawn on 11.08.2021 as above.
Ld counsel for the appellant is at liberty to collect the
copy of the status report from the record.
Put up for further proceedings on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 251/21 25.08.2021
Present : Sh. Amarnath Saini, Ld counsel for the appellant.
Sh. Dharamvir Gupta, Ld counsel for the respondent with
Sh. A V Sharma, AE(B).
Record has been filed. It be deposited with Registry.
Ld counsel for the appellant submits that the property in
question is situated in Harijan Basti, Village Sahipur and
is a small residential house of the appellant and his family
and the construction in the property is very old as per the
photographs vide on record. Ld counsel for the appellant
also submits that the property of the appellant has been
booked because of the complaint made by the brother of
the appellant who is having a dispute with the appellant.
Ld counsel submits that the appellant belongs to poor
strata of society and he is enable to raise fresh
construction in the property in person. Ld counsel for the
appellant also relied upon the electricity bill regarding the
property in question which is at page no. 36 of the
paperbook and he submits that the energisation date of
the electricity connection in the first floor portion of the
property which is already in existence is 07.06.2011 and
no new construction has been raised by the appellant in
the property in question.
Per contra, Ld counsel for the respondent opposed the
interim application and he submits that the fresh
construction was being raised by the appellant, hence,
the property has been booked and he submits that the
interim protection may not be granted to the appellant.
I have perused the record filed by the department. The
demolition order dated 05.08.2021 has been passed by
the AE(B) and as per the show cause notice dated
26.07.2021 and the demolition order dated 05.08.2021
the unauthorized construction in the shape of entire
-2-
ground floor and first floor has been booked whereas it is
mentioned in the show cause notice and the demolition
order that the ground floor is old and occupied. The
photographs which are filed on record show that the
property is old and occupied. I have also perused the
copy of electricity bill pertaining to the first floor portion in
the property in question with energisation date of
07.06.2011. Considering the overall facts and
circumstances and in the interest of justice, the
respondent is directed not to take demolition action qua
the property in question bearing no. 76, First Floor,
Sahipur Village, Delhi-110088 till the NDOH.
However, this order is subject to any other order passed
by the Hon’ble Supreme Court, Hon’ble NGT or Hon’ble
Delhi High Court in respect of the property in question.
The appellant is directed not to carry out any addition,
alternation, repair or construction and shall also not
create any third party interest in the property in question.
List on 10.12.2021 for final arguments.
Copy dasti.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 86/20 25.08.2021
Present : None for the appellant.
Sh. KK Arora, Ld counsel for the respondent.
The record has not been filed.
There is not stay in the present appeal.
Let the concerned AE(B) be summoned afresh with
record for 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 08/20 (M) & 07/20 (M) 25.08.2021
Present : Clerk for Ld counsel for the appellant.
Sh. VK Aggarwal, Ld proxy counsel for the respondent.
Clerk for counsel for appellant submits that the main
counsel is out of station and he seeks an adjournment.
Put up for purpose fixed/arguments as last opportunity on
09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 698/17 Sunita Saini Vs. SDMC 25.08.2021
Present : None for the appellant despite calls.
Sh. HR Aggarwal, Ld counsel for the respondent with Sh.
Athar Mustafa, AE(B).
The appellant has not been appearing in this case for last
many dates. Hence, the appeal stands dismissed for non
appearance and non prosecution and consequently the
impugned order stands confirmed.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 826/17 Raj Kumar Kaushal Vs. SDMC 25.08.2021
Present : None for the appellant despite calls.
Sh. VK Aggarwal, Ld proxy counsel for the respondent.
Perusal of the record reveals that the appellant has not
supplied the site plan with measurements to the
concerned AE(B).
The appellant has not been appearing in this case for last
many dates. Hence, the appeal stands dismissed for non
appearance and non prosecution and consequently the
impugned order stands confirmed.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 688/18 Deepak Vasdev Vs. EDMC 25.08.2021
Present : None for the appellant despite calls.
Sh. Sagar Dhama, Ld counsel for the respondent.
The appellant has not been appearing in this case for last
many dates. Hence, the appeal stands dismissed for non
appearance and non prosecution and consequently the
impugned order stands confirmed.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 265/20 25.08.2021
Present : Sh. Nawal Kishore, Ld counsel for the appellant.
Sh. Sonu Chaudhary, Ld counsel for the respondent.
The record has not been filed.
Let the AE(B) be summoned with record and status report
for 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 461/19 25.08.2021
Present : None for the appellant.
Sh. Krishan Keshav, Nodal Officer for the respondent.
Put up for appearance of appellant/final arguments as
last opportunity on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 657/19 25.08.2021
Present : Sh. Raghav Saluja, Ld proxy counsel for the appellant.
Sh. HR Aggarwal, Ld counsel for the respondent.
Ld counsel for respondent submits that the present
appeal has been foiled against the demand notice dated
and the present appeal is not maintainable u/s 347B
DMC Act.
Put up for arguments on the maintainability for
28.10.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 452/18 Arun Kumar Goel Vs. SDMC 25.08.2021
Present : None for the appellant despite calls.
Sh. Krishan Keshav, Nodal Officer for the respondent
with Sh. Mohit Sharma.
Perusal of the record reveals that none has been
appearing on behalf of appellant and on 16.01.2020 Ld
counsel for appellant sought time to move an application
for substitution of LRs of deceased appellant, however, till
date no such application has been moved.
The appellant has not been appearing in this case for last
many dates. Hence, the appeal stands dismissed for non
appearance and non prosecution and consequently the
impugned order stands confirmed.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 101/20 25.08.2021
Present : None for the appellant.
Sh. Prateek Gupta, Ld counsel for the respondent.
The status report regarding the clarification of property in
question has been filed. The appellant has not been
appearing in this case.
Issue notice to the appellant for 04.10.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 511/18 25.08.2021
Present : None for the appellant.
Sh. Rajeev Garg, ALO for the respondent.
Issue notice to the appellant for 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 266/15 25.08.2021
Present : Ms. Namrata Singh, Ld proxy counsel for the appellant.
Sh. HR Aggarwal, Ld proxy counsel for the respondent.
An adjournment is jointly sought by proxy counsels for
arguments.
At joint request, put up for arguments on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 397/16 25.08.2021
Present : Sh. Dharmender, Ld proxy counsel for the appellant.
Sh. Narender, Ld proxy counsel for the respondent.
At joint request, put up for arguments on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 825/14 Vodafone Mobile Service Ltd Vs. EDMC 25.08.2021
Present : None for the appellant.
Sh. Dharamvir Gupta, Ld counsel for the respondent with
Sh. Raju, AE(B).
The status report has been filed stating therein that the
said tower at property no. 20/496, Kalyan Puri, Delhi
pertaining to the appellant company has been regularized
vide letter no. D2930 dated 08.03.2018. Ld counsel for
the respondent submits that the present appeal has
become infructuous.
Considering the facts and circumstances and the status
report filed the present appeal stands disposed of.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 849/15 25.08.2021
Present : None for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
Put up for appearance of the appellant/arguments on
09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 1170/15 25.08.2021
Present : None for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent with Sh.
Raju, AE(B).
Put up for purpose fixed on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 18/16 & 1166/15 Idea Cellular Ltd Vs.EDMC 25.08.2021
Present : None for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent with Sh.
Raju, AE(B).
It is submitted by Ld counsel for the respondent and
AE(B) that the present appeal has become infructuous as
the tower in question was already dismantled by the
appellant. It is submitted that the status report regarding
the said fact has already been filed on record.
Considering the facts and circumstances and the status
report filed the present appeal stands disposed of.
Record of the respondent if any be returned and file be
consigned to record room.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 415/20, 416/20 & 417/20 25.08.2021
Present : Sh. Saurabh Kumar, Ld counsel for the appellant.
Sh. HR Aggarwal, Sh. Rajneet Pandey and Sh. Ajay
Gaur, Ld counsels for the respondent.
Ld counsel for the appellant submits that the copy of
status report has not been supplied to him and an
adjournment may be granted for the arguments.
Let the copy of status report be supplied to Ld counsel for
appellant and matter be relisted for arguments on
09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 783/19 25.08.2021
Present : None for the appellant.
Sh. Dharamvir Gupta, Ld counsel for the respondent.
Put up for final arguments on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 66/21 25.08.2021
Present : None for the appellant.
Sh. HR Aggarwal, Ld counsel for the respondent.
Ld counsel for respondent submits that he has not
received the copy of documents in compliance of
previous order.
Issue notice to the appellant as well as to AE(B) for
21.10.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 391/20 & 327/20 25.08.2021
Present : None for the appellant despite calls.
Sh. Ranjeet Pandey, Ld counsel for the respondent.
Put up for appearance of the appellant/arguments on
09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 183/11, 184/11 & 208/12 25.08.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. Dharamvir Gupta, Ld counsel for the respondent.
Ld counsel for the appellant submits that all the
unauthorized constructions except the compoundable
deviations in the property in question bearing no. 8297/2,
Gali No. 4, Multani Dhanda, Delhi has been removed and
the existing construction is within the compoundable
limits and the regularization application is pending. Ld
counsel for the appellant also mentioned the status report
has been filed by the concerned AE(B) on 25.04.2019 in
this regard.
Let the fresh status report in compliance of abovesaid
submissions be called from the concerned AE(B) for
09.12.2021.
Copy of this order be sent to concerned AE(B) for
information and compliance.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 107/20 & 602/19 25.08.2021
Present : None for the appellant.
Sh. Dharamvir Gupta and Sh. VK Aggarwal, Ld counsels
for the respondent.
Put up for arguments on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 182/17 25.08.2021
Present : None for the appellant.
Sh. Daharmvir Gupta, Ld counsel for the respondent.
Ld counsel for the respondent submits that the affidavit
which was furnished by the appellant in compliance of
stay order does not mention the details of constructions
with measurement of existing construction and hence, the
stay order may be vacated.
Issue notice to the appellant for aforesaid purpose/final
arguments as last opportunity on 09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 380/15 & 381/15 25.08.2021
Present : Sh. Milan Verma, Ld proxy counsel for the appellant.
Sh. Dharamvir Gupta, Ld counsel for the respondent.
Put up for final arguments as last opportunity on
09.12.2021.
(MANISH KHURANA) P.O : Appellate Tribunal:MCD
25.08.2021
A.No. 408/19 & 407/19 25.08.2021
Present : Sh. Dalip Rastogi, Ld counsel for the appellant.
Sh. VK Aggarwal, Ld counsel for the respondent.
Sh. Ashish Kumar Singh, Ld counsel for applicant.
Ld counsel for applicant submits that an application u/O 1
Rule 10 CPC has been filed on behalf of applicant and he
will supply the copy thereof to Ld counsel for the
appellant and Ld counsel for the respondent.
Let the copy of the application be supplied.
Put up for arguments on the abovesaid application on