Full Order Text
Final Order 1 · 03 Mar 2025 · CNR MHCC010010372020
Order Details: Other Pdf Text: Dt:03.03.2025 Sr. No. 63 SU 237/20 NM 332/20 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Following Order is passed in NM No. 332/2020 : 01. Considering the rival stands, at the outset, it is worth to be noted that by filing this suit, the plaintiffs restricted their prayer to restrain the defendant from demolishing the suit premises without following due process of law. They contended that no ‘notice’ was ever issued against the suit premises. The record goes to show that earlier on 21.01.2020, this Court granted ad-interim relief in to the plaintiff and the same is continued till date. While passing the said Order, my Ld. Predecessor referred to reply dtd. 27.03.2019 of Mr. Sameer Mhate, the Structure Engineer, where he informed that the said structure was surrounded by the stalls inside compound and it were situated in compulsory open space. Hence, the same were not included in ‘area certification’. The record shows that even the suit premises is one of the said stalls. On this backdrop, as it was never forming part of the building, but was situated at compulsory open space, the plaintiff was granted interim relief. In the circumstances, it is clarified that the suit premises was not parcel of the structure, which was in dilapidated condition. More so, admittedly, no notice was issued to the suit premises. Consequence thereto, even if it is located at compulsory open space and therefore, it can’t be strictly termed as legal, still, the defendant is to follow the due process of law prior to taking the same for demolition. It is needed, specially when even after passing of the above said Order dtd. 21.01.2020, the defendant didn’t contest this NM. Being so, there is no change in the scenario prevailing at the relevant time. Therefore, the suit -- 1 of 2 -- premises needs to be protected till it is legally removed. Hence, the Order: 1. Notice of Motion No. 332/2020 is partly allowed. The defendant, its agents, its servant and anybody else claiming through it are restrained to proceed against the suit premises, except by following the due process of law. 2. Notice of Motion No. 332/2020 is, accordingly, disposed of. By concent of the parties, the matter is referred to ensuing Lok- Adalat and issuance of separate notices is dispensed with. Adjourned for Lok-adalat/written statement to 22.03.2025 Judge -- 2 of 2 --