Date: 05-03-2019
Business: Adv. Mr. Rohit Jain for Plff present.
Adv. Mrs. Vyavhare for MCGM/Deft present.
Adv. for Plff has tendered registered N/M No.877/19 alongwith affidavit. t.o.r.
Adjd to 14/3/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2019
Date: 14-03-2019
Business: Adv. Mr. Rohit Jain for Plff present.
Adv. Mrs. Mhatre h/f Adv. Mrs. Vyavhare for MCGM/deft. present.
Adjd to 4/4/2019 for N/M reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: None for Plff.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adjd to 11/7/2019 for N/M reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. Rohit Jain for plaintiff present and filed compliance report.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
Suit No. 159/2017 is restored to its earlier stage.
On oral request of ld adv for plff, adjournment granted as a last chance.
Adjd to 02.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is on leave. Hence, matter is adjd. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Rohit Jain for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Adjd to 06/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Advocate Mr. Rohit Jain for plaintiff present
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Case is adjourned to 11/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 26/02/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 10.06.2020 for NM hearing without reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2020
Date: 30-08-2020
Business: NOB TOB
By precepie.
Adv. Mr. Rohit Jain for plaintiff present and requests for time to prepone the date considering the urgency.
At the request of advocate for plaintiff, already adjourned date is preponed and matter is adjourned to 10.09.2020 at 11 a.m. for NM hearing.
Advocate for plaintiff undertakes to give notice regarding preponment of next date to the other side.
Matter adjd to 10/09/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Adv. Rohit Jain for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Heard both sides.
Adv. Khandagale objected and requested to give undertaking at the instance of plaintiff.
It is assured advocate for the plaintiff to supply the undertaking the signature of the plaintiffs regarding staying in Suit premises on risk and cost and BMC officer will not be held responsible for any mishap in suit structure.
Letter regarding undertaking filed on record which is not undertaking with signature of the plaintiff.
Plaintiff is directed to file undertaking to the signature of the plaintiff within one week.
After compliance the necessary order will be pass on notice of motion.
Adjd for compliance on NM No- 877/2020 to 25.09.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Adv. Rohit Jain for plaintiff present and tendered list of document containing undertakings of three plaintiff\''s, t.o.r. and marked at
Exh-11.
Adv. Khandagle for MCGM/Deft. present.
Copy is served to other side.
Adv. for plaintiff submitted by Adv. Khandagale for defendant Corporation that in view of direcations by Hon\''ble High Court in Appeal from Order (St.) No. 5902/2017 with Civil Application No. (St.) No. 5902/2017. The plaintiffs have submitted the undertakings before the designated officer on 21.09.2020 and remaining undertakings were also submitted on 24.09.2020 before the designated officer.
Now the plaintiffs have completed compliance regarding submission of undertakings as per direction of Hon\''ble High Court.
The Hon\''ble High Court restained MCGM from demollising plaintiff shop Nos. 9,11 and 3 resepectively in persuance of impugned notices until receipt of the report from the Technical advisiory Committee.
The Adv. of plaintiffs submitted that he will file application for restoration of electric supply and water supply to the designated officer immediately. The MCGM coroporation to decide the application restoration of electric supply and water supply within one week.
Authenticated copies be given to the both parties.
Matter adjd to 05.10.2020 for awaiting TAC report/ compliance by Defendant corporation.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Adv. Rohit Jain for Plaintiff present and tendered an application for restoration of Electricity and Water connection. T.O.R. and marked as Exh.12.
Adv. Khandagale for Defendant/MCGM present
The copy of application made by the Plaintiff for restoration of Water Supply and electric supply made to the corporation file on record.
Heard both side.
It is held by his lordship above the Hon\''ble High Court in AOR 1337 of 2013 that “the advance disconnection in such fashion, in my view, is totally unjust, unacceptable and shows inhuman approach of the local bodies, one who instead of providing the amenities to the citizens, merely because eviction notices are issued, and they have a power to take such necessary steps, by this method compelling/forcing the occupants/tenants to vacate the premises, this is nothing but taking away the rights of the citizen/occupants to use the necessary amenities lie water and electricity, which is otherwise available and provided under Article 21 of the Constitution of India. The water and electricity if are essential part of life, such disconnection “to hasten up the evacuation process” in my view, is impermissible”. The ratio laid down in above citation is clinchingly applicable to the case in hand. As per Undertaking tendered on last date i.e. on 25/09/2020, the application for restoration of Electricity Supply and Water Supply made by the Plaintiff to Designated Officer. The copy of the said application already taken on record at Exh.12. The Undertaking is also filed before the Designated Officer by the Plaintiff. As per direction of Hon\''ble High Court in A.O.(St.)No.5902/2017. Despite of direction to decide the Plaintiffs\'' application within one week, no action taken by Defendant/MCGM. Hence, I passed the following order -
ORDER
1. Defendants/Corporation, is hereby directed to restore the Electric Supply and Water Supply in the Suit premises at the cost of Plaintiff within one week from today.
2. Notice of Motion No. 877/2019 stands disposed off accordingly.
Authenticated copies be given to the both parties.
Nature Of Disposal: OTHER
Disposal Date: 05-10-2020
