ATMCD Appeal Format under section 343 and 347B of the Delhi Municipal Corporation Act 1957

For making your case fit for admissibility, the appeal preferred at the ATMCD has to be in the prescribed format and should conform to various other parameters as listed in this blog.
ATMCD Appeal Format
Table of Contents

    ATMCD Appeal shall be in the prescribed format

    The appeal shall be in the format as prescribed in DMC Appellate Tribunal (Procedure) Rules 1986.

    Advance Service of the ATMCD Appeal

    Advance Copy of the appeal shall be served to the MCD at the Room 224 in the Tis Hazari Court Complex, and if there are other respondents like DDA or any private party, then the advance copy shall be served to the respective respondents through the speed or courier

    Payment of the ATMCD Appeal Fees

    The appeal registration fees of  Rs. 100/- shall be paid in cash in the office of the registrar ATMCD (No UPI, e-transfer etc.)

    Timings to file ATMCD Appeal

    The appeal shall be filed on days Monday to Friday (Excluding Public Holidays) from 10:00 am to 3:00 pm (avoid lunch timings from 1:30 pm to 2:00 pm)

    Application for condonation, if required

    The appeal shall be accompanied with the application for condonation of delay if the due date has lapsed for filing an appeal or application.

    Contents of ATMCD Appeal

    The appeal shall begin with the Memo of Parties which shall in it contain the Age, Mobile No. and Address of the appellant and shall also contain the passport-size photograph of the appellant.

    The complete appeal shall be summed up into the following 10 Points:

    1. Name of the Appellate Tribunal in which the Appeal is filed.
    2. Name and permanent address of the Appellant
    3. Name and addresses of all the respondent(s)
    4. Details of the Subject Matter of the Appeal
    5. Name and Designation of the authority or the officer who passed the impugned order / decision and the date of the impugned order / decision.
    6. Date of the communication of the impugned order / decision
    7. Statement of Facts
    8. Ground of Appeal
    9. Value of the subject matter of appeal
    10. Relief Claimed

    After the addition of these 10 points, the appeal shall consist of the signatures of the appellant and the authorized representative, if any.

    Thereafter, the verification section is to be placed, which inter alia states that the facts stated above are true to the best of the appellant’s knowledge which shall then again be followed by the signatures of the appellant and the authorized representative, if any.

    Important Documents to be annexed along with the ATMCD Appeal

    1. Site Plan of the Existing Construction along with Measurements & Covered Area along with an Affidavit, the affidavit shall consist of the unit-wise details measurement and the status of the appellant as to whether he is the owner or occupant or tenant of the property,
    2. Colored Photographs of the Property from inside and outside
    3. Identification Proof of the Appellant(s)

    How many sets are required to be Prepared and Provided for ATMCD Appeal?

    • One Set in original for ATMCD along with one copy set.
    • One Set for the appellant
    • One Separate Set for each of the Respondent

    Other Important Considerations for ATMCD Appeal

    1. All applications, documents, and orders filed with the appeal must be properly flagged.
    2. If any annexed documents are not clearly legible, true typed copies of such documents must be placed immediately behind the respective annexures.
    3. All documents should be clearly and sequentially numbered.
    4. The appeal and application must be submitted in a sturdy and hard file cover.
    5. The appeal and applications file and documents should be punched and tied at the top left corner (book-style punching must be avoided).
    6. The file cover must display the appeal and application details in the prescribed format (as specified later).
    7. A copy of the ownership documents relating to the subject property must be enclosed with the appeal.

    Last but not the least #theVakaltnama

    On the Vakalatnama (Authority Letter), a court fee stamp of ₹2 must be affixed, along with a ₹25 Advocate Welfare Stamp issued by the Bar Council of Delhi (BCD). The ₹25 welfare stamp can be obtained from the Bar Council of Delhi office located in Tis Hazari, while the ₹2 court fee stamp is available at the treasury office near the Central Hall in Tis Hazari.

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