Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No. 1379/2020 in St. No. 4238/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1379 OF 2020
IN
STAMP NO. 4238 OF 2020
Smt. Prabha Mavji Shethia ...Plaintiff
Versus
Municipal Corporation for Greater Mumbai
and Another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 08th October, 2020.
Mr. V.T. Dubey, Advocate for Plaintiff.
Mr. Mrs. Tondwalkar, Advocate for Defendant MCGM.
ORDER
1. This is a common order passed below Exhibit-3 and Notice
of Motion 1379/2020. Exhibit-3 is preferred by MCGM for permission
to proceed for action of demolition. Notice of Motion no. 1379/2020
preferred by plaintiff for restoration of electric supply and water
connection disconnected on 14.08.2020.
2. It is to note that detail arguments of both side were
concluded and this court has proceeded to allow partly i.e. Notice of
Motion no. 1378/2020 on 04.09.2020. In view of said order this court
has directed the plaintiff to appoint MCGM registered agency for
structural audit. As discussed in said order plaintiff has challenged
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NM No. 1379/2020 in St. No. 4238/2020. 2 Order.
notices issued by the MCGM dated 28.07.2020, 03.04.2020 and
03.08.2020.
3. Suit property is Jairaj Bhavan, 436, New Mill road, Kurla-
West. In view of Structural audit carried out by the auditor Mr. Ajay
Singh Pal, dated 15.06.2020 suit property is categorized as C-1, which
needs immediate demolition. The impugned report was disputed by the
plaintiff, therefore, in view of order of this court dated 04.09.2020,
plaintiff was directed to carry out fresh structural audit. The building
Jairaj Bhavan is ground plus two. This is second round of litigation. On
perusal of order in NM 1000/2020 it appears to be dispute between
landlord and present plaintiff in respect of area occupied by the
plaintiff. According to plaintiff he is in possession of 2000sq.ft. i.e.
entire first floor. On perusal of record it appears that some rooms on
first floor are shown in possession of another person.
4. Heard Learned advocate Mr. V.T. Dubey for plaintiff at
sufficient length. Learned advocate Mrs. Mhatre for MCGM submits
that suit property may collapse at any time.
5. In response to order of this court dated 04.09.2020,
plaintiff has engaged V.S.Tech. and associates who has submitted
structural audit report and categorized the suit building as C-2A, it
means building require major repairing on immediate basis. However,
this report is only to the extent of first floor. Plaintiff has not carried
out structural audit of entire building. There is no satisfactory
explanation submitted on behalf of plaintiff for not complying order of
this court to conduct structural audit of entire building.
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NM No. 1379/2020 in St. No. 4238/2020. 3 Order.
6. It is to note that entire building is vacated except rooms on
first floor possessed by plaintiff. On perusal of numerous photographs
submitted by both side, it is crystal clear that suit structure/building
may collapse at any time. There are various cracks to pillars, slab and
floor. Even in report of V.S. Tech. and Associates it is concluded that the
structure has suffered damages in the form of leakages and cracks. In
concluding remark M/s. V.S. Tech. and Associates has endorsed that he
shall not be held responsible for any kind of structural Mishap and
Collapse .
7. In short, there is no substance in Motion. As discussed
above, there appears to be dispute in respect of area in possession and
resultantly allocation of area after redevelopment. The water and
electricity are already disconnected. In view of condition of the
building described in both audit reports and picturised in various
photographs, it may collapse at any time. Hence, Motion deserves to be
rejected.
- ORDER -
1. Notice of Motion no., 1379/2020 stands dismissed.
2. Application vide Exh.3 is allowed. MCGM is at liberty to
proceed for demolition by following due process of law, on
or after 20.10.2020. (At the request of Mr. V.T. Dubey for
plff., time is granted to prefer appeal till 20.10.2020.).
3. NM no. 1379/2020 is disposed of accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 08.10.2020. Mumbai.
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NM No. 1379/2020 in St. No. 4238/2020. 4 Order.
1. Dictated on : 08/10/2020.
2. Transcribed on : 08.10.2020.
3. Signed on : 08.10.2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF TYPIST
08.10.2020. 1.59 p.m. Mrs. H.D. Parab.
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 08.10.2020.
Judgment/Order signed by P.O. on 08.10.2020.
Judgment/Order uploaded on 08.10.2020.
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