Date: 01-03-2018
Business: Mentioned by precipee. NOB TOB
Adv. R.V. Shinghvi tendered Draft NM with affidavit seeking preventive relief against the defendants enforcing impugned notice dated 08.02.2018. Leave to registered is granted. Pradeep Patale (Jr. Engineer) for BMC present.
Heard advocate Singhvi for the plaintiff at length. Perused the copies of documents annexed with the plaint. Also heard Adv. Dhumale. Perused the copy of inspection report dt. 07.2.2018 and the photographs, as well as notice issued under sec. 351 dt. 08.02.2018 . In the said notice is alleged that the plaintiff has carried out the unauthorised reconstruction of ground plus two building by way of M.S. Column and been and siporex blocks without prior permission of competent authority and unauthorised construction of head room over 2nd floor level. The Ld. Advocate for plaintiff submits that the plaintiff has carried out the repairs and accordingly reply dt 15.02.2018 has been given to the Defendant pertaining to the said notice . accordingly to him the officer of the Defendants are threatening to demolished the structure without giving hearing.
It appears from the documents placed on record as well as upon asking Mr. Pradeep Patale (J.E.) that the order is not yet passed in furtherance the impunged notice and the reply. In the circumstance the Defendants corporation is directed to consider the reply dt 15.02.2018 of the plaintiff and any other documents placed by the plaintiff before the designated officer. The entire exercise be completed before 20.03.2018, by giving an opportunity of hearing to the plaintiff. The plaintiff to cooperate with the concerned designated officer. The Designated officer should pass the requisite order in the light of prevailing laws and rules, and serve its copy on the plaintiff as per rules. If the said order is contrary to the interest to the plaintiff, the defendant should not take any coercive action against the notice structure for a period of seven days from the date of service of order on the plaintiff. In the circumstance the suit and NM are disposed of. An ordinary copy of this order duly authenticated by the Sheristedar of this
Court be supplied to both the parties. The formalities of registration of suit and NM be complied with. Parties to comply accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 01-03-2018
