Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 8 ASST SESSIONS JUDGE
Case No. :SUIT/100877/2019
Mr. Sanjay Sushil Bhosale 2.Prakash Makhanlal Khandelwal 3.Sanjay Tribhuvandas
Chauhan Vs The Asstt. Municipal Commissioner, MCGM
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&#039ble 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&#039ble High Court in
A.O.(St.)No.5902/2017. Despite of direction to
decide the Plaintiffs&#039 application within
one week, no action taken by Defendant/MCGM.
Hence, I passed the following order - ORDER 1.
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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.
Matter adjd. to 25.11.2020 for R/E.
Next Purpose : RECORDING EVIDENCE
Next Hearing Date : 25-11-2020
COURT 8 ASST SESSIONS JUDGE
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