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ABOUT APPELLATE TRIBUNAL, MCD

Appellate Tribunal, MCD is a statutory independent body which is constituted by the Central Government through gazette notification as per provisions of Section 347-A of the DMC Act, 1957. The Presiding Officer of the Tribunal is a judicial officer of the rank of District Judge/Addl. District Judge and normally appointed with the concurrence of the High Court by the Central Government. The Tribunal decides certain types of appeals u/s 343 and 347-B of the DMC Act.

The Appellate Tribunal is also empowered to decide different types of appeals passed by different authorities constituted under Delhi Development Act, New Delhi Municipal Council Act, The Slum Areas (Improvement and Clearance) Act and The Delhi Fire Prevention and Fire Safety Act. However, approximately 80% of the appeals pending before the Tribunal pertains to the demolition and sealing proceedings initiated by the different Municipal Authorities functioning in different areas of the Union Territory of Delhi.

The Tribunal is presently functioning from room No.29 (Ground Floor), Tis Hazari Court Complex and is assisted by Registrar and other staff members. The service and conditions of the Presiding Officer and other staff members are government by the DMC Appellate Tribunal (Presiding Officer) Conditions of Service Rules, 1986 and DMC Appellate Tribunal (Registrar and Other Staff) Conditions of Service Rules, 1986. The MCD, DDA, NDMC and any other authority has no role or participation in the process of appointment, transfer or posting of the Presiding Officer of the Appellate Tribunal and the maximum responsibility of the MCD is to provide staff, infrastructure and other facilities to the Tribunal for its smooth functioning. Hence, it cannot be said that the Tribunal is a part and parcel or comes under the purview of jurisdiction of MCD or any other authority. It is not a department of MCD. In fact, it is the above and independent statutory body and deals with appeals against order passed by Commissioner, MCD or his delegated officer.

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