Order 1

Order Details: Other
Pdf Text: ADINTERIM ORDER IN DRAFT NM ..1.. L.C SUIT NO.1073/2020
MHCC010027002020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ADINTERIM ORDER
IN
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO. 1073 OF 2020
(CNR No. : MHCC010027002020 )
Mr Sadanand Kashinath Tambe )
Adult age about 60 years of Mumbai )
IndianInhabitant R/o Room/Shop No.4 )
Haji Ahmed Haji Usman Chawl, Senapati )
Bapat Marg, Mumbai – 400 013. )....Plaintiff
Versus
1. Municipal Corporation of Greater )
Mumbai (A Body corporate incorporated )
under The Provisions of M.M.C. Act,1888 )
Office at Annex Building, Mahapalika Marg,)
C.S.T. Mumbai – 400 001. )
2. Assistant Commissioner,G/South Ward)
3. Assistant Engineer (Main) “G” South )
Ward 1st Floor, N.M. Joshi Marg, Dhanmill )
Naka, Elphinston, Mumbai – 400 013. )
4. M/s. Lokavidhi Properties LLP )
M/s Lokavidhi Properties Pvt Ltd )
A limited liability partnership firm, having )
Its registered office at the Plaza 11th Floor, )
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55 Gamdevi Road, Mumbai – 400 007 )...Defendants
APPEARANCE:
Ld. Adv. Nirmala V Gopal for the plaintiff.
Ld. Adv. Dipali Patil for the defendants/MCGM.
None present for defendant No.4.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED :20th MARCH, 2021.
O R D E R
Read the plaint, Notice of Motion, affidavit filed by plaintiff in
support of notice of motion, documents filed along with plaint, affidavit
cum reply along with documents of defendant BMC. Heard both the
learned advocates.
2. The plaintiff vide this notice of motion is praying to
restrain defendants by order of temporary injunction from
implementing or taking any action pursuant to impugned notice
u/sec.314 r/w 394 of MMC Act dated 13.12.2019 and the impugned
speaking order dated 15.01.2020.
Description of Suit Premises
3. Shop No.4, Senapati Bapat Marg, N.M. Joshi Marg,
Mumbai – 400 013.
4. I have given anxious consideration to arguments of both
the learned advocates.
5. The impugned notice is issued for unauthorized extension
of structure admeasuring 8'6” X 11' sq.feet on municipal road/footpath.
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The documents relied upon by plaintiff are with respect to room/shop
No.4 which is the original structure. There is no document to show the
authorization of the unauthorized extension of structure on municipal
road/footpath.
6. The inspection extract of the property for year 19971998
relied upon by defendant BMC shows extension in front side of room
No.4. The photographs relied upon by defendant BMC dated
18.03.2021 primafacie show that there is extension of structure to the
original room/shop No.4 in front side encroaching upon the footpath.
Plaintiff has not relied upon any photograph or document to show the
authorization of the aforesaid extension of structure. No permission is
tendered on record for raising such extension.
7. Learned advocate for defendant BMC has relied upon the
observations in Municipal Corporation of Greater Mumbai & Ors.
V/s. Rafiqunnisa M. Khalifa (Deceased) Through his legal hair Mr.
Mohd. Muqueen Qureshi & Anr in Civil Appeal Nos.17271732 of
2019 decided on 18.02.2019 which are with respect to powers of the
commissioner u/sec.314 of the MMC Act to remove the unauthorized
structures on street, open channel, drain, well or tank.
8. The aforesaid observations primafacie help defendant BMC
in present case. As discussed above, plaintiff failed to produce any
authorization of notice structure. Therefore, no fault can be found with
the impugned notice and speaking order.
9. For aforesaid discussion, no case is made out for adinterim
relief. The arguments of learned advocate for plaintiff that on
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humanitarian ground, statusquo be granted cannot be accepted.
Resultantly, I proceed to pass following order
ORDER
The adinterim relief is refused.
(Smt C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 20.03.2021 City Civil Court, Gr. Bombay
Directly Dictated on Com :20.03.2021.
Checked on :22.03.2021.
Signed on :22.03.2021.
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ADINTERIM ORDER IN DRAFT NM ..5.. L.C SUIT NO.1073/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 23.03.2021, 5.23 pm.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
20.03.2021
JUDGMENT/ORDER signed by
P.O. on
22.03.2021
JUDGMENT/ORDER uploaded on 22.03.2021
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