Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :SUIT/0100718/2018
Irfan Abdul Rahim Bilakhya Vs MCGM
Date : 14-03-2018
Exhibits : Mentioned by praceipe. NOB. TOB Adv. Shukla for
plaintiff tender draft NM with affidavit seeking preventive
reliefs for restraining the defendant from demolishing the
suit premises. Leave to register is granted. The Ld. Adv. for
plaintiff submits that the defendant has issued notice dtd.
08.03.2018
under section 488 of MMC Act
on 09.03.2018 and also threatened plaintiff to demolish the
suit premises. According to him the suit premises is located
on the fourth floor of the building. He apprehends hasty
action at the hands of the officers of the defendant. On the
other hand Ld. Adv. Patil for BMC submits that the notice is
issued only for inspection
taking photographs and measurements of the suit premises.
According to her the defendant only requires co operation
from the plaintiff to carry out the inspection. The Ld. Adv.
Shukla submits that the plaintiff has no objection for work
of taking photographs and measurements.
Business : Considering the submission made by both the advocates it
is crystal clear that the impugned notice dtd. 08.03.2018,
issued under section 488 of the MMC Act, is only for the
purpose of inspection and for taking photographs and
measurements of the suit premises. Considering the scope
of the notice and the willingness expressed by the plaintiff
to allow the officers of the Defendants for the aforesaid
purpose mentioned in the notice, the suit and the NM are
disposed off by directing the defendant corporation to act
within the scope of notice dtd. 08.03.2018 and further it
should not take any action in respect of the suit premises
without following due process of law. An ordinary copy of
this order duly authenticated by Sheristedar of this court be
supplied to both the parties. NM be registered for the
statistical purpose.
Nature of Disposal : DISMISSED
Disposal Date : 14-03-2018
COURT 5 ADDL SESSIONS JUDGE
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