Final Order 1

Order Details: Other
Pdf Text: 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&amp#039s 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&amp#039s 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.
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