Sukhdev Singh BumraVsMCGM

Date: 25-02-2019
Business: Adv Trivedi h/f adv Jani for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv Gharat for applicant present.
Draft ch/sum along with affidavit tendered by applicant. It is Tor.
Order - Leave is granted to register the ch/sum.
Copy served to the other side.
Adv for plff tendered draft NM along with affidavit. It is TOR.
Order - Leave is granted to register the NM.
Copy served to the other side.
Adjd to 26/02/2019 at 11.30 a.m. for ch/sum reply and ad interim hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv Trivedi with adv Jani for plff present.
Adv Mrs.Vyavhare for MCGM/deft present.
Adv Kini for applicant present.
Heard arguments of both sides.
Order on Ad-interim relief -
Perused contents of notice of motion, documents annexed thereto and heard both parties. The plaintiff is challenging notice purported to be u/s.351 of MMC Act dated 6/12/2017 and speaking order dated 11/02/2019 passed by designated officer directing removal of notice structure within 7 days from the receipt of the said order. According to learned advocate for plff the notice structure is situated in slum area and in support of this contention heavy reliance is placed upon survey receipt dated 27/07/2000. However, the plaintiff has not submitted notification of Government of Maharashtra showing that the land on which the notice structure is situated is declared as slum. In paragraph no.3 of the plaint it is mentioned that land on which notice structure is situated is to be declared as slum very soon. It means on the date of filing of the suit no such declaration is made by government of Maharashtra.
Section 351 of MMC Act provides for procedure to be followed against unauthorised constructions if they are commenced contrary to provisions of section 342 or 347 of MMC Act. Plaintiff has filed voluminous document showing his long standing occupations. But none of this documents show authorisation under any of the above provisions to commence construction of the suit premises.
Learned advocate for the plaintiff also submits that the datum-line is 1/01/2000 in case of structure in slum area. However, as discuss earlier there is no document showing that the area is declared as slum. Therefore, in case of commercial structure the datum line prescribed by MCGM would be 1/04/1962. none of the documents produced by the plff show existence of the notice structure prior to the datum line.
Ld adv for the plff also pointed out that the designated officer has not considered survey slip on the ground that it could not be verified. For my discussion above this aspect cannot be given much importance in the light of the fact that there is no government notification declaring area of the slum. As such the plaintiff has failed to make out a case to grant ad interim relief and therefore, the same is rejected.
Order - Time is extended to register the NM and ch/sum on or before next date.
Adjd to 4/04/2019 for NM and ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Adv. Ms. Sonia Sunil for Plff present and filed V.P.
Adv. Mrs. Vyavhare h/f Adv. Mrs. Bhoir for MCGM/ deft present.
V.P. on behalf of Plff.
Adjd to 3/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: (By preceipe).
Adv. Ms. Soniya Sunil for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Bhoir for MCGM/deft. present.
Order on ad-interim relief on draft N/M
        The Plff had earlier pressed for ad-interim relief on 26/2/2019. On that date ad-interim relief was refused observing that the Plff failed to prove authorization or that the suit premises was existing prior to the datum-line i.e. 1/4/1962.  Now, the instant N/M for same ad-interim relief is pressed by producing other documents.  According to Ld. Adv. for Plff the assessment extract of the year 2017-18 shows name of Harishankar Murarji who died in the year 1947 and his document would show that in his lifetime he sold the suit premises.  In other words the Plff is now saying that the suit premises is in existence prior to 1947. However, the assessment extract shows date of first assessment 1/10/1980.  Death certificate of Harishankar Murarji is not produced on record.  Therefore in absence of cogent documentary evidence it is not proper to rely on the oral submissions. Ld. Adv. for the Plff has pointed out that in suit No.1197/18 in respect of adjoining suit premises, this same court has granted interim relief.  After perusal of the said order dt.14/8/2018 such relief was granted for want of specifications of the unauthorized structure in the notice. Moreover, the order of this Court cannot be a precedent. Ld. Adv. for the Plff has also submitted birth certificate of Usha Kashinath More showing birth date 28/6/1962. The address in the said birth certificate \''\''Mahul Road, Moral Church, Chembur\''\''. No house number is mentioned and it is not proper to rely on such document. For the reasons given above I do not find that this is a fit case to grant ad-interim. Hence, rejected.
Already adjd to 3/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: (By preceipe).
Adv. Ms. Soniya Sunil for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Mhatre h/f Adv. Mrs. Vyavhare for MCGM/ Deft present.
Ld. Adv. for Plff has submitted draft N/M.  Ld. Adv. for Deft/MCGM requests to keep the matter tomorrow. Therefore no coercive action be taken against suit premises till tomorrow.  Plff is directed to intimate the order to concerned Ward Officer.
Authenticated copy be given to the both parties.
Adjd to 12/4/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Ms. Soniya Sunil for Plff present and tendered original registered N/M No.1546/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft. present.
Order on ad-interim relief in N/M No.1546/19
Perused contents of N/M, plaint, documents annexed thereto, new documents filed by the Plff and heard arguments advanced by both sides.
From the record it reveals that the Plff prayed for ad-interim relief on 26/2/19 and 8/4/19 but the same was refused for want of relevant documents. In the order dt.8/4/19 it was observed that the Plff had not produced death certificate of Harishankar Murarji. Now the Plff is seeking ad-interim relief after producing such death certificate showing date of death of Harishankar Murarji as 29/11/47. Ld. Adv. for the Plff has submitted relying on said document that said Harishankar transferred the suit premises to Krishna Annappa Devadiga in his lifetime and therefore it will have to be presumed that the suit premises is in existence since prior to 29/11/1947. According to her, the Deft/MCGM has to disprove these facts in the course of hearing and till then ad-interim relief restraining Deft/MCGM from executing the order dt.11/2/19 is necessary. I have carefully read all documents.  From property cards of CTS No.313, 313/1, 313/2, 313/3, 313/4, 313/5 it appears that the said plots of land were transferred to Vrundavan and Manibhai as per probate of Harishankar on 3/7/71. It means said Harishankar had executed a Will. Such Will is an important document to show whether there existed any structure on said plots.  Therefore mere entry of name of Harishankar in the assessment extract is not sufficient to come to conclusion that he transferred the suit premises prior to 1947.  Therefore I do not find any merits for granting ad-interim relief and the same is rejected.
Authenticated copy be given to the both parties.
Already adjd to 3/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Adv. Gharat for applicant present and tendered original Ch/sum no. 723/19 along with affidavit t.o.r.
Adjd to 09.09.2019 for N/M and Ch/sum Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Mahamuni for applicant present.
Adjd to 20/11/2019 for C/S service and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None present for plff.
Adv. Khandagle for MCGM/Deft. present.
None for applicant.
Adjd to 22.01.2020 for Ch/s and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv.Narendra Gharat  for applicant present.
None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
KB
No say filed against the plaintiff
Matter adjd to  12.02.2020  for argument order on ch/s-  723/19
Next Purpose: HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None for plaintiff.
Adv. Gharat for plaintiff applicant.
Adv. Khandagle for MCGM/Deft. present.
 Matter adjd to 20.03.2020 for NM/ch/s hearing.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for Plaintiff.
Adv Mr. Khandagle for Defendant/MCGM present.
Matter adjd to 17.06.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Adv. Gharat h/f Adv. Andrews for applicant present.
Matter adjd to 15/01/2021 for NM and Ch/s Hearing.
Next Purpose: HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: As court is on leave today, board is discharged.
Next Purpose: HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Adv. Gharat h/f Adv. K. Andrews for applicant present.
It seems from perusal of record that ad-interim rejected by ld. predecessor on 12.04.2019. Since then plaintiff never remained present to pursue his suit. It seems that he does not have interest to proceed with the suit accordance with law. Hence Suit is kept for dismissal in default.
After perusal of record it seems that Hon\''ble High Court Judicature at Bombay was pleased to expedite hearing of L.C. Suit No. 432/19 on 05.04.2019. Despite of order in which appeal against order (St No. 6616/19) was moved by this plaintiff only, he remains absent to expedite the trial of the Suit. Hence Suit is kept for dismissal.
Matter adjd to 12/04/2021 for Dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
None for applicant.
Adjd. To 27/08/2021 for dismissal of NM, Ch/s  and Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: None for plaintiff.
Adv Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant / MCGM present.
None for applicant.
Matter is already kept for dismissal, then also plaintiff not taken any step to proceed with the matter. Hence, matter is lastly kept for dismissal. On the next date, Suit will be dismissed for want of prosecution.
Adjd. To 27/09/2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 1.00 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 29/10/2021 for dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: DISMISSAL
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B. L.O. 12.30 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Since long Plaintiff and his adv is absent. No steps taken by them. Therefore, matter is kept for dismissal. On perusal of roznama, it reveals that specific direction was given to the Plaintiff that if on the next date, he has not taken any step to proceed with the matter, Suit will be dismissed for want of prosecution. Then also today, neither Plaintiff nor his advocate present. It shows that Plaintiff is not interested to proceed with the matter. Hence, L.C. Suit 432/2019 is dismissed for want of prosecution. Proceeding is closed.
In view of disposal of L.C. Suit No. 432/2019, N/M No. 809/2019, N/M No. 1546/2019 and Chamber Summons No. 723/19 stand disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 24-11-2021

CHAMBER SUMMONS/100723/2019
NOTICE OF MOTION/101546/2019
NOTICE OF MOTION/100809/2019

Filing Number: 102029/2019
Filing Date: 18-02-2019
First Hearing Date: 25th February 2019
Decision Date: 24th November 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE