Date: 10-01-2020
Business: N.O.B. T.O.B (By precipe)
Adv. Mr. Ansari Asggar Kalim for plaintiffs present and tendered draft N/M @ affidavit in support and affidavit of service, t.o.r. Leave is granted to register the N/M.
Adv. Ms. Patil for MCGM/Defendant present.
Perused the letter issued by the defendant to plaintiffs which is received by plaintiff dtd. 18/12/19. Plaintiffs have apprehension that the notice structure will be demolished by defendant.
Hence order- Party to maintain status quo till next date.
Authenticated copies be given to both the parties.
Adjd to 17/01/2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Ansari Asgar Kalim for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd. to 03.02.2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv.Ansari for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to17.02.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv.Ansari Asggar Kalim for plaintiff present and tendered original NM-284/2020 along with affidavit in support and also tendered original writ of summons t.o.r. it is marked at Exh-2.
Adv. Khandagle for MCGM/Deft. present.
Mr. Nitin Vaity submitted that Jr..Engineer (M) West ward present.
Heard both sides on Ad-interim hearing.
Mr. Nitin Vaity stated that , only that the corporation was issued normal letter to the plaintiff asking permission for the mobile tower. I assured that, the corporation/MCGM will follow due process of law in this case without fail.
It is stated by Adv.Asari that, by hand application is already filed on 02.01.2020.
It may be consider on merit and defendant corporation is direct to pass order.
1. Defendant/MCGM shall not take any coercive action for two weeks if any adverse order goes against the plaintiff.
2. Corporation shall take fine/penalty for making delay in application dtd. 02.01.2020 for regularization/permission of mobile tower as per rule.
3. Corporation shall take decision on the application of plaintiff as early as possible on merit and supervise as per the direction seen para A- of telecom tower policy dtd.17.02.2018 scrpuplously from plaintiff.
NM stands disposed of.
Suit stands disposed of in view of above order.
Authenticated copies be given to the both parties.
Nature Of Disposal: DISMISSED
Disposal Date: 17-02-2020