Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Draft notice of motion
In
Suit No. 108 of 2019
Ramesh Narayan Suryavanshi ...Plaintiff
V/s
Municipal Corporation of Gr. Bombay ..Defendants
Advocate S.S.Kharat for plaintiff
Adv G.O.Giri for defendant/MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 15th January, 2019
(Court Room No.06)
O R D E R
1 Plaintiff has taken out this draft notice of motion to
restrain the defendant Municipal Corporation from demolishing the suit
property i.e. shop no. V/N/A 101,Plot No. 144, Ashok Mills Compound,
Sant Rohidas Marg, Kala Killa, Dharavi, Mumbai 400 017 on the basis
of notice dated 26/10/2018 U/s 351 of MMC Act and order dated
2/01/2019
2 Facts in brief are as under:
Plaintiff is in use and occupation of the suit premises. The
suit premises is in existence prior to 1995. Plaintiff is carrying business
of selling onions and potatoes in the suit premises. The suit premises is
censused to Municipal record in the year 2000. Plaintiff has census
survey slip dated 7/8/2000. Plaintiff has certificate under the Shops
and Establishment Act. Plaintiff has electricity meter at the address of
the suit premises. Thus, the plaintiff is in continuous possession of the
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suit premises. The suit premises is under Dharavi Rehabilitation
project. Earlier one Mr. Subhash Jadhav was in occupation of the
premises. Plaintiff acquired rights of the suit premises in the year 1998.
However, some antisocial elements gave complaints in respect of the
suit premises and accordingly the defendant issued a notice U/s 351 of
MMC Act. Plaintiff had filed L.C.Suit no. 2027/2018. This Court had
directed the defendant to follow the due process of law. Thereafter,
defendant initiated the proceeding U/s 351 of MMC Act. Plaintiff gave
reply to the defendant. However, the designated officer has passed
order without application of mind. Hence, prayed to grant ad interim
relief.
3 Shri S.S.Kharat advocate for plaintiff has submitted that
the suit premises is in existence prior to 1995. Plaintiff is running her
business of Onion and Potatoes from the year 1998. Plaintiff has
necessary documents i.e. certificate under shops and establishment Act,
electricity bill at the address of suit premises. The designated officer
has passed the order without application of mind. Hence, prayed to
grant ad interim relief.
4 Shri G.O.Giri advocate for defendant has submitted that
the concerned officer has made inspection and he found that plaintiff
has not running the business of onions and potatoes. On the contrary,
there is Public Relation Office of Maharashtra Navnirman Sena in the
suit premises. He further submitted that plaintiff has not proved
authenticity of the structure. Hence, prayed to refuse the ad interim
relief.
5 In this suit plaintiff has challenged the notice U/s 351 of
the MMC Act and order passed thereon. In the schedule of the notice it
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is alleged that plaintiff has made unauthorized construction with brick
masonry walls admeasuring 2m x 2.5m and having height 3mt at Ashok
Mill Compound, Sant Rohidas Marg, Dharavi, Mumbai400 017. To
prove the authenticity of the structure plaintiff has filed the Shops and
Establishment Act certificate, electricity bill receipts issued by Dharavi
Rehabilitation project and affidavit of Subhash Pandurang Jadhav.
However, these documents do not prove the authenticity of the
structure. On the contrary from the inspection report produced by
defendant, it appears that plaintiff has no shop at the address of the
suit premises. There is Public Relation Office of Maharashtra
Navnirman Sena. Thus, plaintiff has suppressed the facts from the
Court. Hence, in such a circumstances, I find that plaintiff is not
entitled for ad interim relief. Therefore following order:
ORDER
1 Ad interim relief is refused.
2 Draft notice of motion be registered.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay
Dictated on : 15/01/2019
Typed on : 16/01/2019
Signed by HHJ. : 16/01/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
15/01/2019
JUDGEMENT/ORDER signed by
P.O. on
JUDGEMENT/ORDER uploaded
on
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