Final Order 1

Order Details: Notice of Motion
Pdf Text: 28.11.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 408/20 Adv. Prashant Sutar for plaintiff is present.
Adv. Ms. Rawade for MCGM present.
Mr. Kishor Jagdale JE. E ward.
Order on NM No. 720/2020
The ld. Adv for the plaintiff invited the application of this Court towards
the copy of plan which is supposed to be approved bearing office no.
GB/438/A of 23.12.1958. He has also invited the attention of this
Court towards the copy of handwritten reply dt. 25.11.2019 and
speaking order dt. 23.12.2019 passed by the def. no. 1. The ld. Adv for
the plaintiff, therefore, submitted that at the time fo submitting reply to
the impugned the notice, this plan was not available with the plaintiff.
Thereafter, the plaintiff submitted reply dt. 02.01.2020 and 03.02.2020.
However, speaking order was already passed 23.12.2019. He, therefore,
vehemently submitted that, the matter may be remanded back with
directions to the defendants to consider these reply and approved plan
dt. 23.12.1958 and thereafter, to pass afresh speaking order in respect
of the notice structure.
On the other hand, ld. Adv for the def./MCGM and the officer of MCGM
present in the Court fairly conceded that the Corporation is ready to
consider the aforesaid reply and plan and thereafter, will pass afresh
speaking order.
Hence, considering the submissions of both sides, following order in my
view, will meet out the ends of Justice.
ORDER
Notice of Motion No. 720/2020 stands disposed off in terms of
following directions.
i) The defendants are directed to considered the reply dt. 02.01.2020
and 03.02.2020 alongwith copy of approved plan dt. 23.12.1958 which
is already supplied by the plaintiff to the defendants. After
considering the aforesaid reply and plan the defendants shall pass
afresh speaking order in respect of the notice structure.
ii) In the meantime, the defendants shall not take any coercive action
nor the plaintiff shall carry out any type of constructrual activities in
repsect of the notice structure.
Iii) After passing afresh speaking order by the defendants, 15 days time
shall be granted to the plaintiff to challenge the order, if any.
iv) The ld. Adv of for the plaintiff submitted that in view of the
remanding the matter to pass afresh speaking order, the suit may also
be disposed off. Hence, the suit as well as NM No. 720/2021 stands
disoposed off accordingly.
Judge
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