Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 920/2020 in St. No. 1793/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 920 OF 2020
(CNR NO. MHCCO10024932020)
IN
LONG CAUSE ST. NO. 1793 OF 2020
(CNR NO. MHCC010017192020)
Shree Ayyappa Seva Sangham, Powai ...Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai
and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 28th FEBRUARY, 2020.
Mr. Kanchanpurkar, Advocate for Plaintiff.
Mrs. Chavhan, Advocate for Defendants / MCGM.
Mr. Swaraj Jadhav, Advocate for applicant.
ORDER
1. This is a motion taken out by plff. to challenge legality of
notice issued by MCGM u/s 351 of MMC Act, dtd. 03.07.2019. In view
of schedule of said notice, it is issued for unauthorized structure i.e.
“Unauthorized construction of Reception hall +
room above admeasuring (15.60m x 8.50m x
3.20m) + (13.80m x 8.70m x 3.50m) and Ground+
one structure (hall + kitchen) admeasuring
( 15.50m x 5.10m x 6.70m) without permission of
competent Authority”.
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N/m No. 920/2020 in St. No. 1793/2020. 2 Order.
2. Perused the affidavit of BMC officer Mrs. Rachana Langi
alongwith supportive documents. Perused various photographs of
notice structure alongwith entrance gate of AYYAPPA Temple.
3. Learned Adv. Mr. Kanchanpurkar for plaintiff submits that
in view of G.R. dtd. 05.05.2011, plaintiff has submitted proposal of
regularization and plaintiff is in process of dereservation. In view of
various letter submitted by Mr. Chandrabhan Sharma, it is crystal clear
that impugned structure is prior to 1961.
4. Heard learned advocate Mr. Swaraj Jadhav for
applicant/deft no.3 at sufficient length.
5. Learned advocate Mrs. Chavhan for MCGM, submits that
map at page no. 9 and 10 will clarify the fact that there is no notice
issued to area of temple. However, plaintiff has erected auditorium,
reception hall and various rooms as mentioned in para no. 27 of the
inspection report.
REASONS FOR ORDER
6. According to plff. he has submitted the proposal for
regularization. Plff is in process to dereservation of the hospital. It
infer that impugned structure is unauthorized. It also support to the
letter of MCGM dtd. 27.05.2019 that it is reserved for hospital.
7. In another letter of MCGM dtd. 27.05.2019, it is clarified
that there is no proposal for auditorium. It clearly indicate entire
structure as mentioned in notice is without permission. On perusal of
various notice issued to Mr. Chandrabhan Sharma, gift deed in respect
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N/m No. 920/2020 in St. No. 1793/2020. 3 Order.
of suit property, reply given by Mr. Sharma to old notices; it clearly
establish what was the structure during 1972 to 2005. It is submitted
on behalf of MCGM that notice is not issued to old structure of temple.
It establish that all speaking orders dtd. 31.07.2019, 03.10.2019 and
20.01.2020 are well founded, and supported with sound reasons.
8. On perusal of previous notice of MCGM and letter
correspondence of Mr. Chandrabhan Sharma it clarifies following facts i.e.
a. There was tin shed surrounding to temple.
b. There were some rooms with tiled roof adjacent to temple.
c. There were no 150 rooms, auditorium or reception hall,
when Mr. Chandrabhan Sharma gifted the property.
d. There is no case of plaintiff that 150 rooms, auditorium and
reception hall were existed since 1961.
9. There can not be a special concession for unauthorized
construction as it is adjacent to any temple. It is pertinent to note,
donor has given the property for hospital purpose. In short, there is no
merit in motion. Hence, the order :
ORDER
1. Notice of Motion No. 920/2020 is dismissed.
2. N/m No. 920/2020 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 28/02/2020. Mumbai.
1. Dictated on : 28/02/2020.
2. Transcribed on : 28/02/2020.
3. Signed on : 29/02/2020.
4. Delivered to Certified :
Copy Section on
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N/m No. 920/2020 in St. No. 1793/2020. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF TYPIST
07.03.2020. 4.28 p.m. Mrs. Harshada D. Parab
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 28.02.2020.
Judgment/Order signed by P.O. on 29.02.2020.
Judgment/Order uploaded on 07.03.2020.
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