How To File MCD Tribunal Appeal

By Team Legal Helpline India, December 27, 2014

IMPORTANT:
For expert advice on How To File MCD Tribunal Appeal, contact us through mail. We provide all services related to the filing of appeals under MCD Act and challenging all types of ceiling and demolition orders.

For urgent requirements call our board No. 011- 2335 5388 or mail us through contact us page of our website.

Appeal at MCD Tribunal can filed in the format prescribed under the DMC AT (Procedure) Rules, 1986. Appeal at MCD Tribunal can be filed against any demolition/ ceiling order in MCD which falls within the ambit of Section 344, 347, 349 of the MCD Act.

The appeal before the Appellate Tribunal MCD can be filed against the order of MCD, NDMC, Fire NOC, Refusal of sanction, Refusal of Regularization of unauthorized construction.

At present, the MCD Tribunal is located at Tis Hazari District Courts in Delhi and the court follows the procedure prescribed under the MCD Act for staying or quashing any demolition /ceiling order in MCD within the parameters prescribed under the law.

The provision of the Appeal before the Appellate Tribunal MCD is contained in Section 347 A of the Delhi Municipal Corporation Act which reads as under:

“347 A. Appellate Tribunal-
a. The Central Government shall, by notification in the Official Gazette, constitute one or more Appellate Tribunals with headquarters at Delhi, for deciding appeals preferred under section 343 or section 347B.
b. An Appellate Tribunal shall consist of one person to be appointed by the Central Government on such terms and conditions of service as may be prescribed by rules.
c. A person shall not be qualified for appointment as the presiding officer of an Appellate Tribunal unless he is, or has been a district judge or an additional district judge or has, for at least ten years, held a judicial office in India.
d. The Central Government may, if it so thinks fit, appoint one or more persons having special knowledge of, or experience in, the matters involved in such appeals, to act as assessors to advise the Appellate Tribunal in the proceedings before it, but no advice of the assessors shall be binding on the Appellate Tribunal.
e. The Central Government shall, by notification in the Official Gazette, define the territorial limits within which an Appellate Tribunal shall exercise its jurisdiction, and where different Appellate Tribunals have jurisdiction over the same territorial limits, the Central Government shall also provide for the distribution and allocation of work to be performed by such Tribunals.
f. For the purpose of enabling it to discharge its functions under this Act, every Appellate Tribunal shall have a Registrar and such other staff on such terms and conditions of service as may be prescribed by rules : Provided that the Registrar and staff may be employed jointly for all or any number of such Tribunals in accordance with the rules.”“Section 347 C – Procedure of the Appellate Tribunal – Every Appellate Tribunal, shall, in addition to the powers conferred on it under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:–
i. summoning and enforcing the attendance of persons and examining them on oath;
ii. Requiring the discovery and inspection of documents;
iii. Receiving evidence on affidavits;
iv. Requisitioning any public record or copies thereof from any court or office;
v. issuing commissions for the examination of witnesses or documents; and
vi. Any other matter which may be prescribed by rules,
and every proceeding of an Appellate Tribunal in hearing or deciding an appeal or in connection with execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196, of the Indian Penal Code (45 of 1860), and every Appellate Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, (2 of 1974).”

HOW TO FILE MCD TRIBUNAL APPEAL EXPLAINED WITH STEPS:

  • The copy of the order of demolition or sealing passed by the MCD/NDMC should be annexed at first if the same has been received otherwise exemption for the same is to be sought from the court specifically.

  • An advance copy of the appeal before the Appellate Tribunal MCD is to be served on MCD either at the office of the Chief Legal Officer or through the post.

  • Site Plan showing the location of the property with clear directions is to be filed along with the Appeal before the Appellate Tribunal MCD.

  • One extra set of the Appeal before the Appellate Tribunal MCD is also to be filed.

  • One plain file with index is to be filed along with the Appeal before the Appellate Tribunal MCD.

  • Proof of ID alongwith the photograph of the appellant is to be filed along with the Appeal before the Appellate Tribunal MCD.

  • Registration fess for the Appeal before the Appellate Tribunal MCD of Rs 100/- is to be paid in cash at the office of the Registrar.

  • Fees for the Appeal before the Appellate Tribunal MCD is Rs-500/- which is to be deposited with the office of the Register.

  • Specifically mention the concerned MCD, whether it is North, South, and East.

  • Power of Attorney in favor of the Advocate representing the appellant with welfare stamp is to be filed in the Appeal before the Appellate Tribunal MCD.

  • The addresses of the authorities for the service of advance notice in the Appeal before the Appellate Tribunal MCD is as under:NDMC: Through Commissioner, O/o The Chief Legal Officer, 17th Floor, Civil Centre, Minto Road, Through Commissioner, O/o The Chief Legal Officer, 17th Floor, Civic Centre, Minto Road, New Delhi.
    EDMC: Through Commissioner, O/o The Chief Legal Officer, 1st Floor, Udoyg Sadan, Patparganj, Delhi.

FORMAT OF THE INDEX OF THE APPEAL UNDER SECTION 347 OF THE MCD ACT

BEFORE THE PRESIDING OFFICER, APPELLATE TRIBUNAL, MCD, TIS HAZARI, DELHI.
Appeal No._______
IN THE MATTER OF:-
————–APPELLANT
VERSUS
DELHI MUNICIPAL CORPORATION RESPONDENT
INDEX
Sr. No. PARTICULARS Page No.
1. Photographs of the Appellant
2. An appeal under Section 347 of the M.C.D. Act along with affidavits in support.
3. Application U/s. 347-C(3) with Rule 17 of Delhi Municipal Corporation Appellate Procedure Rules, 1986 for Ad-Interim directions along with an affidavit in support.
4. ANNEXURE A-1
Photocopy of the impugned order.
15. The power of Attorneys.
DRAWN & FILED BY
Dated:

FORMAT OF MEMO OF APPEAL UNDER SECTION 347 OF THE MCD ACT

BEFORE THE PRESIDING OFFICER, APPELLATE TRIBUNAL, MCD, TIS HAZARI, DELHI.
Appeal No._______
MEMO OF PARTIES
Appellant
VERSUS
Respondent
DRAWN AND FILED BY:
Delhi
Dated:

FORMAT OF APPEAL UNDER SECTION 347 OF THE MCD ACT

BEFORE THE PRESIDING OFFICER, APPELLATE TRIBUNAL, MCD, TIS HAZARI, DELHI.
Appeal No.______
In the matter of:
Appellant
VERSUS

Respondent
APPEAL UNDER SECTION 347(B) OF THE DMC ACT.
1) Name of the Appellate Tribunal: – MCD Appellate Tribunal at Tis Hazari, Delhi ? 110054.
2) Name and permanent address of the Appellants
3) Name and Address of the Respondent:
3) Name and Address of the Respondent:
4) Details of the subject matter of appeal:
5) Name and designation of the Officer, who has passed the Order:
6) Date of Communication of Order:
7) Statement of Facts:
8) Grounds of Appeal:
9) Value of the subject matter of the Appeal: – Fixed
10) Relief Claim:
It is most respectfully prayed that the impugned notice/orders of vacation of the property of the appellant bearing No.—————————————————- for sealing or otherwise be set aside and quashed and the Respondent and his officials be restrained from taking any coercive action on the basis of the aforesaid orders or any further orders if passed by respondent in respect of the flats/properties in any manner whatsoever.

Any other order as the Hon?ble Court may deem fit and proper in the facts and circumstances of the present case be also passed in the interest of justice.
Appellant
Through
Counsels
VERIFICATION:
Verified on this ________ at Delhi that the contents of the present appeal are true and correct, nothing material has been concealed and no part of it is false. The contents of para 1 to 9 are based upon my personal knowledge and the contents of para 10 are based on the legal advice received and believed to be true.
Appellant

FORMAT OF THE AFFIDAVIT TO BE FILED ALONG WITH THE APPEAL UNDER SECTION 347 OF THE MCD ACT

BEFORE THE PRESIDING OFFICER, APPELLATE TRIBUNAL, MCD, TIS HAZARI, DELHI.
Appeal No.____
In the matter of:
Appellant
VERSUS
Respondent
A F F I D A V I T
I,—————————————– do hereby solemnly affirm and declare as under:
1. That I am the appellant in the present case and being well conversed with the fact and circumstances of the present case I am competent to swear this affidavit.
2. That the accompanying appeal and interim applications has been prepared by my counsel on my instructions, the same may be kindly read as part and parcel of this affidavit, the contents thereof are not repeated here for the sake of brevity. The contents of thereto are true and correct.
DEPONENT
VERIFICATION:
Verified at Delhi on this ————– that the contents of the affidavit are true and correct, nothing material has been concealed and no part of it is false.
DEPONENT

FORMAT OF APPLICATION FOR STAY TO BE FILED ALONG WITH THE APPEAL UNDER SECTION 347 OF THE MCD ACT

BEFORE THE PRESIDING OFFICER, APPELLATE TRIBUNAL, MCD, TIS HAZARI, DELHI.
Appeal No.______
In the matter of:
Appellant
VERSUS
Respondent
APPLICATION U/S.347-C(3) WITH RULE 17 OF DELHI MUNICIPAL CORPORATION APPELLATE PROCEDURE RULES, 1986 FOR AD INTERIM DIRECTIONS.
Respectfully Submitted as Under:
1) That the appellant have filed the accompanying Appeal seeking quashing of the impugned orders passed by the Respondent. The Appellants crave the leave of this Court in referring to the contents of the main Appeal as part and parcel of this Application. The same are not being repeated for the sake of brevity.
2) That the impugned order has been passed by the Respondent arbitrarily, unconstitutionally.
3) That on the basis of the said impugned orders, the respondent is trying to seal the residence of the Appellants thereby putting the Appellants under tremendous hardship.
4) That the Appellants believe that they have got a strong prime facie case in their favour and there is every likelihood of their succeeding in the present Appeal.
5) That the Appellants shall suffer irreparable loss and injury which cannot be compensated in terms of money if the relief prayed for is not granted in the present case.
P R A Y E R
It is, therefore, most respectfully prayed that the Court may stay the effect of the impugned order/orders of vacation of the property as passed by the respondent regarding the property bearing No. ———————————— for sealing or otherwise till the pendency of the present appeal.
Any other order as the Court may deem fit and proper in the facts and circumstances of the present case be also passed in the interest of justice.
Appellant
Through
Counsels

NOTE:
Being a Law Firm in Delhi, we provide all services related to the filing of an appeal under section 347 of MCD Act and challenging all types of ceiling orders, demolition orders by MCD/NDMC/DFC and other municipal authorities.

For urgent requirements on How To File MCD Tribunal Appeal call our board No. 011- 2335 5388 or mail us through contract us page of our website.

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