Date: 09-01-2019
Business: Plaintiff with advocate Mr. Tejas Patil for Plaintiff present
Advocate Ms. Tondwalkar for BMC/Deft present.
Ms. Pooja Morkar, Jr. Engineer, S Ward, BMC present.
ORDER ON DRAFT NM
Heard advocate Mr. Tejas Patil for Plaintiff, advocate Ms. Tondwalkar for BMC. Perused draft Notice of Motion, affidavit filed in support of draft Notice of Motion. Defendant\''s officer has submitted that, BMC on 16/08/2018 has requested office of Dy. Collector encroachment to take action against suit premises, however in the meeting dated 24/09/2018 conducted by Dy. Municipal Commissioner (encroachment and removal), it is decided by BMC that action against unauthorized constructions from slum area is necessary to be taken by BMC. Thereafter, speaking order in respect of suit premises is passed by BMC. It is fairly admitted by the officer of BMC that in view of request dated 16/08/2018 staff members of officer of Dy. Collector encroachment may have visited suit premises.
Considering submissions made at bar it becomes clear that Plaintiff\''s apprehension is well founded to the that either BMC or the office of Dy. Collector encroachment may demolish suit premises. In such circumstances I find that it is necessary to protect suit premises till filing detailed reply of Notice of Motion by BMC. Hence, ad-interim relief in terms of prayer clause (a) of Notice of Motion is granted. It is made clear that immediately after reply will be filed by BMC, Notice of Motion will be decided on merits by hearing arguments of the parties.
Meanwhile Plaintiff to get register the Notice of Motion.
F.R.S.R. following order has passed -
ORDER ON CH/S
1. Ch/s is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out necessary amendment in the plaint as per schedule annexed to the Chamber Summons within stipulated time provided by law.
3. Draft Ch/s be registered for statistical purpose.
Plaintiff is directed to file typed copy of amended plaint before the Court and to serve typed copy of amended plaint upon Defendant.
Case is adjourned to 23/01/2019 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 09-01-2019