Final Order 1

Order Details: Other
Pdf Text: 09.07.2024
Sr. No. 50
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 238/18
NM 1009/18
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/
MCGM is present.
Following Order passed in NM No. 1009/2018.
-: ORDER :-
1. Considering the rival submissions, at the outset, it is to
be noted that though, the notice dtd. 15.01.2018 is issued U/s.354
-A of the MMC Act, the record is silent to infer that at the relevant
time, such construction was ‘in progress’. Needless to mention that
once the construction is complete, the provisions of Section 354-A
of the MMC Act have no application. Nor, the said provisions are to
do with the question of demolition. This aspect was also considered
on 12.02.2018, when this Court prima facie held that the sturcture
was complete and directed the parties to maintain the status-quo.
However, thenceforth, there had been no change in the scenario as
the defendant did not prefer to contest this NM. In the result, I am
of the opinion that the earlier interim order needs to be continued,
restraining the defendant to proceed as against the notice structure,
except by following the due process of law. In view of these terms,
NM No. 1009/2018 stands disposed of.
Adjourned for R/E (No WS) to 21.08.2024.
Judge
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