Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 8 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100149/2018
Mr. Wali Mohamed Jiyaullah Shaikh Vs Municipal Corporation of Greater Mumbai
Date : 01-02-2018
Exhibits : The plaintiff is granted liberty to file additional reply/
documents if any
within one week from today. The concerned authority of
MCGM after considering the reply and the documents to
pass order and communicate the same in writing to the
plaintiff. If the order is adverse to the interest of plaintiff or
against the plaintiff then no coercive action shall be taken by
MCGM for a period two weeks from the date of
communication to the plaintiff. Meanwhile both the parties
to maintain the status quo as per Commissioner's report
Exh.5 dated 25.11.2016. N/m No.149/18 stands disposed of
accordingly. Order below Exh.1. In view of order passed in
N/m No.149/18
Suit No.2812/16 stands disposed of.
Business : Adv.Mr.Thorat for Plff.present. Adv.for plff.tendered N/m
No.149/18 t.o.r. Adv.Mr.Choudhary with Mrs.Kamble for
BMC/Deft present. Order below N/m No.149/18 Perused
N/m which is supported by an affidavit. Also perused the
reply and the documents on record. Heard Ld.advocates of
both the sides. In the case in hand the MCGM has issued the
notice under Section 354 A of MMC Act (Exh.L, Page 35 of
the Plaint). To this notice the plaintiff has filed the reply on
11.11.2016 (Exh.M, Page 37 of the plaint). It is the case of
MCGM that they had undertaken the demolition action on
29.06.2015 and 07.08.2015. Admittedly, the notice structure
is not completely demolished and at this stage the notice
structure is as per the Commissioner&amp#039s report
dated 25.11.2016. in the midst of the argument, the
Ld.adv.for the plff has drawn my attention to various
documents viz.,Census certificate, Pitch holder card,
notification showing CTS No.667 as a notified slum etc.
According to the plaintiff, all thes
Nature of Disposal : OTHER
Disposal Date : 01-02-2018
COURT 8 ADDL SESSIONS JUDGE
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