Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 74-2019 1 St. No. 271-2018
MHCC010001972019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
NOTICE OF MOTION NO 74 of 2019
(CNR NO. MHCC01000197-2019)
IN
L.C. STAMP N0.271 OF 2018
1. Brahmajyoti B-Wing Tenants ]
Association (Proposed) and 2 Ors. ] ... Plaintiff
Versus
Municipal Corporation of Greater ]
Mumbai. ]...Defendant
-----------------------------------------------------------------------------------------------
Appearances:-
Ld. Adv. Mr. Ashok Sarogi for the Plaintiff.
Ld. Adv. Mr.Abhijit Mangande defendant / MCGM.
-----------------------------------------------------------------------------------------------
CORAM: HIS HONOUR JUDGE
SHRI U.J. MORE
(Court Room no. 8)
DATED: 19th September, 2020
-- 1 of 5 --
NM 74-2019 2 St. No. 271-2018
O R A L O R D E R O N N O T I C E O F M O T I O N
1. This Notice of Motion is filed by plaintiff against the
defendant corporation to issue necessary permission to the plaintiffs to
carry out repairs to the building in question and also the defendants be
restrained from causing any obstruction in plaintiffs carrying out
necessary repairs to the said building known as “Brahmjyoti, ‘B’ Wing
situated at Ganesh Gawde Road, Mulund (W), Mumbai – 400 080, on
such terms as this Court may deem fit and proper in the matter.
2. Defendant corporation filed reply and strongly objected the
Notice of Motion. It is stated that, the notices are executive or
administrative acts or orders and the same are not open to challenge in
a Court of law Under Section 525A of MMC Act. There are (4) wings in
the compound of “Brahmjyoti Buildings, Mirani Nagar, Ganesh Gawde
Road, Mulund (W), Mumbai-400 080. A, B, C and D out of four
buildings wing No. “A” & “D” also tried go for repairs and the matter
was referred to the Technical Expert Committee (TAC) and the TAC
found that buildings are in dangerous condition and decided to
demolish the same.
3. After TAC report that one rainy season has passed and in
-- 2 of 5 --
NM 74-2019 3 St. No. 271-2018
the present rainy season the building will be further deteriorated and
therefore, as on today, the building is likely to fall. Therefore, the
evacuation of building is very important.
4. It is further contended since the building is in a dilapidated
condition and incapable of repair, no question arises of any grant of
permission to carry out any repair.
5. Heard, Learned Adv.Mr.Ashok Sarogi for the plaintiffs and
Learned Adv.Mr.Abhijit Mangade for the defendant corporation.
6. Therefore, considering the Structural Audit Report it would
not be justifiable to allow any repair in the suit structure since 2018 i.e.
from the dated of 10/01/2018 more than two and half years completed
and building is in dangerous condition and nobody should wait any
casualties at the risk of life of tenants, occupiers nearby residents and
nearby passersby. Recently one building collapsed in Colaba area
Bombay.
7. I am of the opinion that, it would not be justifiable to allow
for any repair as the corporation has rightly complied the directions of
the Hon’ble High Court in Writ Petition No. 1135 of 2014.
-- 3 of 5 --
NM 74-2019 4 St. No. 271-2018
8. The above discussion seems that the defendant corporation
has complied of the circular dated 25th May, 2018 as per point wise
1.02, 1.03, 1.04 (Tenants occupants structural audit report) 1.05, 1.07,
1.08 (issuance of notice under 354 MMC act to pull down the building).
Therefore, it is crystal clear that the corporation has complied in view of
the direction of Hon’ble High Court Writ Petition number 1135 of 2014
and the MCGM circular dated 25th May, 2018 the compliance is covered
by the corporation till point number 1.08.
9. Considering C1 category of suit building, plaintiffs have not
entitled for ad-interim relief to carry out the necessary repairs in the
suit building. Hence, I passed following order:
ORDER
1) The prayer (a) of notice of motion is rejected being devoid of
merit.
2) N.M. No.74 of 2019 is disposed of accordingly.
(U.J.More)
Judge,
City Civil & Sessions Court,
Mumbai.
Date: 19/09/2020.
1. Dictated on : 19/09/2020
2. Transcribed on : 19/09/2020
3. Signed on : 19/09/2020
-- 4 of 5 --
NM 74-2019 5 St. No. 271-2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/09/2020. at 5:00 p.m. Mr.G.R.Suryawanshi
Name of the Judge (with Court Room no.) HHJ Shri U.J.More.
(Court Room No.08).
Date of Pronouncement of Judgment/Order 19/09/2020
Judgment/Order signed by P.O. on 19/09/2020
Judgment/Order uploaded on 21/09/2020
-- 5 of 5 --