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ATMCD APPEAL - APPEAL

HARISH CHATURVEDIVsMCD

CNR DLCT0500028520261-PRESIDING OFFICER - APPELLATE TRIBUNAL MCD
CASE DISPOSED
Contested--APPEAL ALLOWED
Decision Date: 13th October 2026

TrustJury record updated 16 Oct 2026

Case Overview

Registration Number
269/2026
Registration Date
30 Mar 2026

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCD

    Acts & Sections

    1
    DMC ACT · Sec 343(2)

    Case History / Proceedings

    Case History
    Date: 01-04-2026
    
    Date: 25-05-2026
    Business: for Argument
    Next Purpose: MISCELLENOUS
    Next Hearing Date: 17-07-2026
    
    Date: 17-07-2026
    Business: Notice issued
    Next Purpose: MISCELLENOUS
    Next Hearing Date: 10-08-2026
    
    Date: 10-08-2026
    Business: Purpose fixed
    Next Purpose: MISCELLENOUS
    Next Hearing Date: 13-08-2026
    
    Date: 13-08-2026
    Business: Date fixed
    Next Purpose: ARGUMENT
    Next Hearing Date: 18-09-2026
    
    Date: 18-09-2026
    Business: PUT UP FOR ORDERS
    Next Purpose: ORDER / JUDGMENT
    Next Hearing Date: 13-10-2026
    
    Date: 13-10-2026
    Business: Appeal Disposed of
    Nature Of Disposal: APPEAL ALLOWED
    Disposal Date: 13-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 270/2026
    Filing Date: 30-03-2026
    First Hearing Date: 01st April 2026
    Decision Date: 13th October 2026
    Court Number And Judge: 1-PRESIDING OFFICER - APPELLATE TRIBUNAL MCD

    Orders

    13
    Final Order 7
    13 Oct 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    13.10.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant joined
    through VC.
    Sh. Ashutosh Gupta, Ld counsel for the respondent.
    Vide separate judgment of even date, the present appeal
    is allowed.
    Record of the respondent, if any, be returned along with
    copy of this order and appeal file be consigned to record
    room.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    13.10.2026
    -- 1 of 1 --
    Interim Order 6
    18 Sept 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    18.09.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Sh. Ashutosh Gupta, Ld counsel for the respondent.
    Arguments heard at length.
    Put up for orders on 13.10.2026.
    Interim orders, if any, to continue till the next date of
    hearing.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    18.09.2026
    -- 1 of 1 --
    Interim Order 5
    13 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    13.08.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant.
    Sh. Ashutosh Gupta , Ld counsel for the respondent.
    This is an early hearing application filed by the MCD.
    Submissions heard.
    As per the apprehension raised in this application, the
    respondent has sought early hearing as there are
    encroachment on the public land, apprehension of
    appellant creating a third party interest or raising further
    construction in the property.
    There is no protection to encroachment on the public land
    and the MCD is at liberty to take action.
    Further, the appellant has voluntarily stated that he shall
    not create any third party interest till disposal of this
    appeal. He is restrained from doing so and there is
    already an order to not to raise any further construction
    by him.
    No early hearing is made out. The application stands
    dismissed.
    Put up on the date fixed i.e. 18.09.2026.
    It is made clear that no adjournment shall be allowed on
    the date fixed.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    13.08.2026
    -- 1 of 1 --
    Interim Order 4
    10 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    10.08.2026
    Purcha Yadast
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant.
    Sh. Ashutosh Gupta , Ld counsel for the respondent.
    Case file is not traceable.
    Let the file be traced and put up on the next date of
    hearing.
    Put up for awaiting file and arguments on 13.08.2026.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    10.08.2026
    -- 1 of 1 --
    Interim Order 3
    17 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    17.07.2026
    Present : 	Sh. Ashutosh Gupta, Ld. counsel for the respondent
    File is taken up today on an application of early hearing
    filed on behalf of the respondent.
    Let Notice of this application be issued to the appellant
    for 10.08.2026.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    17.07.2026
    -- 1 of 1 --
    Interim Order 2
    25 May 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    25.05.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Sh. Ashutosh Gupta, Ld counsel for the respondent.
    Status report is filed by the MCD, copy supplied.
    The record has been produced. It be deposited with
    Registry.
    Ld. counsel for the appellant seeks time to inspect the
    record and to argue the matter.
    At request, put up for arguments on 18.09.2026.
    Interim orders, if any, to continue till the next date of
    hearing.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    25.05.2026
    -- 1 of 1 --
    Interim Order 1
    01 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    01.04.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Submissions heard. File perused.
    Issue notice of interim application(s) as well as appeal to
    the respondent/MCD through concerned Chief Law officer
    and also to the private respondent(s), if any.
    The Executive Engineer (B) is directed to ensure the
    presence of the concerned AE(B), who shall appear in
    person along with the record of the proceedings, status
    report and reply on next date of hearing.
    Put up for arguments on interim application(s) and appeal
    on 25.05.2026.
    Till next date of hearing, no coercive action be taken
    against the property of appellant in pursuance of the
    demolition order dated 18.03.2026. However, it is made
    clear that no encroachment on the public land is
    protected. The appellant is directed not to raise any
    further construction in the property in question.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    01.04.2026
    -- 1 of 1 --
    Order 6
    18 Sept 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    18.09.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Sh. Ashutosh Gupta, Ld counsel for the respondent.
    Arguments heard at length.
    Put up for orders on 13.10.2026.
    Interim orders, if any, to continue till the next date of
    hearing.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    18.09.2026
    -- 1 of 1 --
    Order 5
    13 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    13.08.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant.
    Sh. Ashutosh Gupta , Ld counsel for the respondent.
    This is an early hearing application filed by the MCD.
    Submissions heard.
    As per the apprehension raised in this application, the
    respondent has sought early hearing as there are
    encroachment on the public land, apprehension of
    appellant creating a third party interest or raising further
    construction in the property.
    There is no protection to encroachment on the public land
    and the MCD is at liberty to take action.
    Further, the appellant has voluntarily stated that he shall
    not create any third party interest till disposal of this
    appeal. He is restrained from doing so and there is
    already an order to not to raise any further construction
    by him.
    No early hearing is made out. The application stands
    dismissed.
    Put up on the date fixed i.e. 18.09.2026.
    It is made clear that no adjournment shall be allowed on
    the date fixed.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    13.08.2026
    -- 1 of 1 --
    Order 4
    10 Aug 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    10.08.2026
    Purcha Yadast
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant.
    Sh. Ashutosh Gupta , Ld counsel for the respondent.
    Case file is not traceable.
    Let the file be traced and put up on the next date of
    hearing.
    Put up for awaiting file and arguments on 13.08.2026.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    10.08.2026
    -- 1 of 1 --
    Order 3
    17 Jul 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    17.07.2026
    Present : 	Sh. Ashutosh Gupta, Ld. counsel for the respondent
    File is taken up today on an application of early hearing
    filed on behalf of the respondent.
    Let Notice of this application be issued to the appellant
    for 10.08.2026.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    17.07.2026
    -- 1 of 1 --
    Order 2
    25 May 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    25.05.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Sh. Ashutosh Gupta, Ld counsel for the respondent.
    Status report is filed by the MCD, copy supplied.
    The record has been produced. It be deposited with
    Registry.
    Ld. counsel for the appellant seeks time to inspect the
    record and to argue the matter.
    At request, put up for arguments on 18.09.2026.
    Interim orders, if any, to continue till the next date of
    hearing.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    25.05.2026
    -- 1 of 1 --
    Order 1
    01 Apr 2026
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Pdf Text: A.No. 269/26
    01.04.2026
    Present : 	Sh. Arun Vohra, Ld counsel for the appellant along with
    appellant.
    Submissions heard. File perused.
    Issue notice of interim application(s) as well as appeal to
    the respondent/MCD through concerned Chief Law officer
    and also to the private respondent(s), if any.
    The Executive Engineer (B) is directed to ensure the
    presence of the concerned AE(B), who shall appear in
    person along with the record of the proceedings, status
    report and reply on next date of hearing.
    Put up for arguments on interim application(s) and appeal
    on 25.05.2026.
    Till next date of hearing, no coercive action be taken
    against the property of appellant in pursuance of the
    demolition order dated 18.03.2026. However, it is made
    clear that no encroachment on the public land is
    protected. The appellant is directed not to raise any
    further construction in the property in question.
    (AMIT KUMAR)
    Addl. District & Sessions Judge
    P.O.: Appellate Tribunal, MCD
    01.04.2026
    -- 1 of 1 --

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