Sukhdev Singh BumraVsMCGM

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: NM REPLYREJOINDER
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: 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: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: a
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

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

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

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021

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

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

Date: 15-03-2021
Business: Matter adjd to 12/04/2021 for Dismissal of Suit.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2021

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

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

Date: 19-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
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: NOTICE OF MOTION
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NOTICE OF MOTION
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

Main Case No: SUIT/0100432/2019
Main Cnr: MHCC010017922019
Main Filing No: 111447

Filing Number: 102373/2019
Filing Date: 25-02-2019
First Hearing Date: 26th February 2019
Decision Date: 24th November 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE