Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0101291/2018
Alamdar Infrastructure Pvt Ltd Vs 1. MCGM 2. Assistant Commissioner 3. Executive Engineer
4.Designated Officer
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
COURT 5 ADDL SESSIONS JUDGE
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