Interim Order 1

Order Details: Other
Pdf Text: 1 Ad.Int. NM 131-2020 in St.No.199-2020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
NOTICE OF MOTION No. 131 of 2020
IN
STAMP No.199 OF 2020
ABU BAKAR ABDUL KHIAR SHAIKH
Aged 28 years, Occ: Business,
Indian Inhabitant, residing at
Road No.02, 90 feet road,
near Bus Depot, Saint Nirankari
Nagar, Baiganwadi, Shivaji Nagar,
Govandi, Mumbai 400 043 ]... Plaintiff
Versus
1.THE MUNICIPAL CORPORATION OF
GREATER MUMBAI, a Body
incorporated under the Mumbai
Municipal Corporation Act, having
its office at Mahapalika Bhavan,
Mahapalika Marg, Fort, Mumbai
400 001.
2. The Assistant Municipal Commissioner,
M/East ward, Mumbai Municipal Corporation,
M.T. Kadam Marg, Govandi (W)
Mumbai400043 ]....Defendants
Appearances:
Ld. Advocate Mr. Wasim Khan for the Plaintiff.
Ld. APP Mrs.Hajare for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI U.J.MORE
(Court Room no. 8)
DATED : 10th January, 2020
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2 Ad.Int. NM 131-2020 in St.No.199-2020
O R A L O R D E R O N A D I N T E R I M R E L I E F
1. Perused NM, Plaint, Documents, Photographs produced by
the plaintiff and heard both sides. The plaintiffs, occupants of different
structures/premises at Room No.02, Situated at 90 feed road, Saint
Nirankari Nagar near Bus Depot, Baiganwadi, Govandi, Mumbai
400043, are under apprehension that the officers of defendant No.1
MCGM will demolish the structures without following due process of
law. Ld. Adv. for defendant No.1 MCGM has strongly objected stating
that description of the suit structure is not properly given in the plaint
and the plaintiffs or other persons may take disadvantage of the order
of this Court, if granted. After going through the document such as
electricity bills, Adhar cards, ration card, election identity cards of the
plaintiffs they are in occupation of their premises.
2. Heard both the sides.
3. The impugned notice dated 4.07.2019. Which challenged
by the plaintiff. The plaintiff place reliance on copies of Ration card,
Shop and establishment certificate. It is submitted by the Ld. Advocate
of the plaintiff that, the owner of "Notice premises" which started by
Copy of Shop & Establishment license, Copy of Ration Card, Election
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3 Ad.Int. NM 131-2020 in St.No.199-2020
Card, Copy of impugned notice, Copy Reply, Copy of impugned public
notice. He place reliance on the Ration card No.544180 on these ground
the MCGM Lawyer strongly objected to these documents.
4. Ld. Advocate for the defendant argued that the corporation
has started proposed plan of constructing common Toilets in the area.
In the area of Saint Nirankari Nagar ward No. 134 under the cleaning
India mission(Lot 11R) and the plaintiff has illegally constructed the
"Notice Premises" without any permission from the corporation. I have
gone through the documents filed by the both the sides. It transpires the
Notice under section 314 Mumbai Municipal Corporation Act1888 was
issued to the plaintiff.
5. The plaintiff failed to file any documentary proof to show
that the construction is protected under the Slum Act or it is in
existence prior to 01.01.2000.
6. It transpires that corporation after giving hearing to the
plaintiff allowed the official annexure II 23.08.2019 which transpires
that the suit "Notice Premises" is in illegible. Which is also suppored by
the panchnama cum notice dated 30.11.2019. In short prima facie it is
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4 Ad.Int. NM 131-2020 in St.No.199-2020
not a case of a Adinterim injunction considering documents filed by the
both sides. Hence, I proceed to pass following order.
ORDER
Adinterim relief is rejected.
(U.J.More)
Judge,
Date : 10.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 10.01.2020
Transcribed on : 10.01.2020
Signed by HHJ on : 10.01.2020
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5 Ad.Int. NM 131-2020 in St.No.199-2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.01.2020 at 12.45 p.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With Court
Room no.)
HHJ Shri. U.J.More
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
10/01/2020
JUDGMENT/ORDER signed by
P.O. on
10/01/2020
JUDGMENT/ORDER uploaded
on
13/01/2020
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