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MCD APPL - MCD APPEAL

Atiq AhmedVsMunicipal Corporation of Delhi +1 more

CNR DLCT010069122023301-Principal District and Sessions Judge (HQs)
Tis Hazari, District Sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 27th March 2024

TrustJury record updated 14 Oct 2026

Case Overview

Registration Number
11/2023
Registration Date
19 May 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Atiq Ahmed

    Respondent

    1. 1Municipal Corporation of Delhi
    2. 2ATHAR MUSTFA

    Acts & Sections

    1
    DMC ACT · Sec 347 · D

    Case History / Proceedings

    Case History
    Date: 19-05-2023
Business: counsel for Sameer Jain and also serve an advance notice of the present appeal to the MCD
Next Purpose: Misc. cases/purpose
Next Hearing Date: 22-05-2023

Date: 22-05-2023
Business: reply if any be filed by the MCD/respondent within four weeks
Next Purpose: Misc./ Arguments
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: BAR HAS SUSPENDED WORK TODAY.  TCR OF ATMCD RECEIVED.
Next Purpose: Misc./ Arguments
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: relist for final arguments
Next Purpose: Final Arguments
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: proxy counsel for appellant seeks adjournment
Reason For Adjournment: Deferred as requested
Next Purpose: Final Arguments
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: part argument heard
relist
Next Purpose: Final Arguments
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: appeal is dismissed
Nature Of Disposal: DISMISSED
Disposal Date: 27-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 4387/2023
Filing Date: 18-05-2023
eFiling Number: ECDLCT01038042023
eFiling Date: 18-05-2023
First Hearing Date: 19th May 2023
Decision Date: 27th March 2024
Court Number And Judge: 301-Principal District and Sessions Judge (HQs)

    Orders

    14
    Final Order 8Full order available
    27 Mar 2024

    Order Details: COPY OF JUDGMENT Pdf Text: IN THE COURT OF SH. SANJAY GARG-I PRINCIPAL DISTRICT & SESSIONS JUDGE, CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI MCD Appeal No. 11/2023 (CNR No. DLCT01-006912-2023) Atiq Ahmed, S/o Sh. Liaq Ahmed, R/o 822, Haveli Azam Khan, Chitli Qabar, Jama Masjid, Delhi-110006. …..Appellant Versus 1. The Delhi Municipal Corporation Through its Commissioners, Civic Center, Minto Road, New Delhi-110001. 2. Athar Mustafa A.E. (Building) CNZ, Central Zone, Municipal Corporation of Delhi, New Delhi-110024. …... Respondents…

    Read Full Order
    Final Order 7
    27 Mar 2024
    Order Details: COPY OF ORDER
Pdf Text: MCD Appeal No. 11/2023
Atiq Ahmed Vs. MCD
27.03.2024
Present : Appellant in person with counsel Sh. Vijay Sehgal.
Sh. Ashutosh Gupta, counsel for respondent.
Caveator in person with counsels Sh. Alok Kumar
Pandey and Sh. Mohit Kumar.
Arguments have been heard.
Put up for orders at 4:00 pm.
(SANJAY GARG-I)
Principal District & Sessions Judge (Central)
Delhi/27.03.2024(k)
At 4:00 pm.
Present : None.
Vide my separate judgment announced today, appeal
of the appellant has been dismissed.
Record of learned ATMCD be sent back
immediately alongwith a copy of this judgment.
Appeal file be consigned to record room.
(SANJAY GARG-I)
Principal District & Sessions Judge (Central)
Delhi/27.03.2024(k)
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    Interim Order 6Full order available
    18 Mar 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: MCD Appl. 11/2023 Atiq Ahmed Vs. Municipal Corporation of Delhi 18.03.2024 Present: Appellant in person. Sh. Ashutosh Gupta and Sh. Prateek Jain, Ld. Counsels for respondent. Mr. Sameer Jain, Caveator in person with Mr. Mohit Kumar, proxy counsel. Caveator submits that he is co-owner of the premises of the ground floor, first floor, second floor and portion of third floor on which the construction is in dispute. Proxy counsel for appellant requests…

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    Interim Order 5
    05 Dec 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
05.12.2023
Present : Appellant in person with Sh. Nitin Choudhary, proxy
counsel
Sh. Ashutosh Gupta, counsel for respondent
Arguing counsel for appellant is stated to be not
available today due to ill health. Adjournment is sought.
Adjourned to 18.03.2024 for arguments. Interim
orders to continue till the next date of hearing.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/05.12.2023(rd)
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    Interim Order 4
    29 Aug 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
29.08.2023
Present : Sh. Vijay Sehgal, counsel for appellant
Sh. Prateek Jain, proxy counsel for respondent
Record of ATMCD already received.
To come up for arguments on 05.12.2023. Interim
orders to continue till the next date of hearing.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/29.08.2023 (rd)
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    Interim Order 3
    17 Jul 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
17.07.2023
Present : Sh. Rais Ahmed, uncle of appellant
None for respondent
Bar has suspended work today.
Record of ATMCD has been received.
To come up for arguments on 29.08.2023. Interim
orders to continue till then.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/17.07.2023
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    Interim Order 2Full order available
    22 May 2023

    Order Details: COPY OF ORDER Pdf Text: MCD APPL 11/23 Atiq Ahmed Vs. Municipal Corporation of Delhi 22.05.2023 Present : Sh. Vijay Sehgal, counsel for appellant with appellant. None for MCD. Sh. Alok Pandey, counsel for intervener/caveator. Sh. Pritish Sabharwal has joined through video conferencing on behalf of MCD. This court is prima facie of the opinion that the caveator Sameer Jain is not a necessary party and was not entitled to file caveat petition, since his application under Order…

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    Interim Order 1
    19 May 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. DMC & Ors.
MCD Appeal no. 11/2023
19.05.2023
Present : Sh. Vijay Sehgal, counsel for appellant
This is fresh appeal under the DMC Act. It be
checked and registered.
It is noticed that a caveat petition has been filed by
one Sameer Jain. Sh. Sehgal submits that said Sameer Jain is not
a party and has no right to file a caveat petition. It is pointed out
from the memo of parties and the impugned judgment that
Sameer Jain is not a party in the appeal. It is therefore submitted
that the caveator has no right of being heard before passing of
any interim order.
Nonetheless, Sh. Sehgal submits that he will inform
Sh. Alok Kumar Pandey, counsel for Sameer Jain and also serve
an advance notice of the present appeal to the MCD.
Adjourned to 22.05.2023 for consideration.
(NAROTTAM KAUSHAL)
PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)
DELHI/19.05.2023
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    Order 6Full order available
    18 Mar 2024

    Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: MCD Appl. 11/2023 Atiq Ahmed Vs. Municipal Corporation of Delhi 18.03.2024 Present: Appellant in person. Sh. Ashutosh Gupta and Sh. Prateek Jain, Ld. Counsels for respondent. Mr. Sameer Jain, Caveator in person with Mr. Mohit Kumar, proxy counsel. Caveator submits that he is co-owner of the premises of the ground floor, first floor, second floor and portion of third floor on which the construction is in dispute. Proxy counsel for appellant requests…

    Read Full Order
    Order 5
    05 Dec 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
05.12.2023
Present : Appellant in person with Sh. Nitin Choudhary, proxy
counsel
Sh. Ashutosh Gupta, counsel for respondent
Arguing counsel for appellant is stated to be not
available today due to ill health. Adjournment is sought.
Adjourned to 18.03.2024 for arguments. Interim
orders to continue till the next date of hearing.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/05.12.2023(rd)
-- 1 of 1 --
    Order 4
    29 Aug 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
29.08.2023
Present : Sh. Vijay Sehgal, counsel for appellant
Sh. Prateek Jain, proxy counsel for respondent
Record of ATMCD already received.
To come up for arguments on 05.12.2023. Interim
orders to continue till the next date of hearing.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/29.08.2023 (rd)
-- 1 of 1 --
    Order 3
    17 Jul 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. MCD
MCD Appeal no. 11/2023
17.07.2023
Present : Sh. Rais Ahmed, uncle of appellant
None for respondent
Bar has suspended work today.
Record of ATMCD has been received.
To come up for arguments on 29.08.2023. Interim
orders to continue till then.
(NAROTTAM KAUSHAL)
Principal District & Sessions Judge (Central)
Delhi/17.07.2023
-- 1 of 1 --
    Order 2Full order available
    22 May 2023

    Order Details: COPY OF ORDER Pdf Text: MCD APPL 11/23 Atiq Ahmed Vs. Municipal Corporation of Delhi 22.05.2023 Present : Sh. Vijay Sehgal, counsel for appellant with appellant. None for MCD. Sh. Alok Pandey, counsel for intervener/caveator. Sh. Pritish Sabharwal has joined through video conferencing on behalf of MCD. This court is prima facie of the opinion that the caveator Sameer Jain is not a necessary party and was not entitled to file caveat petition, since his application under Order…

    Read Full Order
    Order 1
    19 May 2023
    Order Details: COPY OF ORDER
Pdf Text: Atiq Ahmed vs. DMC & Ors.
MCD Appeal no. 11/2023
19.05.2023
Present : Sh. Vijay Sehgal, counsel for appellant
This is fresh appeal under the DMC Act. It be
checked and registered.
It is noticed that a caveat petition has been filed by
one Sameer Jain. Sh. Sehgal submits that said Sameer Jain is not
a party and has no right to file a caveat petition. It is pointed out
from the memo of parties and the impugned judgment that
Sameer Jain is not a party in the appeal. It is therefore submitted
that the caveator has no right of being heard before passing of
any interim order.
Nonetheless, Sh. Sehgal submits that he will inform
Sh. Alok Kumar Pandey, counsel for Sameer Jain and also serve
an advance notice of the present appeal to the MCD.
Adjourned to 22.05.2023 for consideration.
(NAROTTAM KAUSHAL)
PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)
DELHI/19.05.2023
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