Final Order 1

Order Details: Other
Pdf Text: SUIT NO.11292020
CORAM: H.H.J. SHRI. S.C. PATHARE, JUDGE (C.R.NO.05)
Adv Mr. Iqbal Siddiqui for plaintiff present
Adv Suryawanshi for MCGM/defendant present.
Plaintiff submitted photographs of said structure alongwith list. t.o.r.
Heard both the Ld Advocates.
Admittedly in this matter BMC issued show cause notice u/s 314 of MMC Act. BMC
directed the plaintiffs to submit his eligibility documents within 48 hours.
Accordingly plaintiff submitted reply and documents before BMC authority. On the
instructions received from Ward Officer Advocate of defendant admitted that after
reply and documents BMC authority has not passed speaking order thereon. On
behalf of defendant it is submitted that eligibility of plaintiff regarding said structure
is yet to be ascertained/decided.
Furthermore it is admitted position that Martin D'Costa i.e. father of plaintiff expired
long ago. However, till today his LRs are not taken in the record of BMC regarding
said structure.
In short BMC has to follow due process of law. Needless to mention that without
passing speaking order and without communicating the same BMC cannot demolish
the disputed structure in above peculiar circumstances. From the submissions of
both the parties it has transpired that suit is premature. Plaintiff will have to file
fresh suit after passing speaking order and communication the same to plaintiff.
Hence in the interest I proceed to pass the following order:
ORDER
1) The defendant shall consider reply and documents given by the plaintiff and pass
reasoned order thereon as expected by Law, within one month from the date of this
order.
2) After passing speaking order defendant shall communicate the same to plaintiff
and give reasonable time of 15 days to the plaintiff to approach the court.
3) By way of precaution plaintiff shall not carryout any further unauthorized work
in the said premises.
4) By misusing this order plaintiff shall not enhance or increase the suit structure
etc. in any manner.
5) After speaking order of the corporation plaintiff will have fresh cause of action for
instituting fresh suit. Therefore, there is no any fruitful purpose to keep this suit and
N/M pending unnecessarily.
6) Needless to mention that after communication of speaking order by BMC plaintiff
will have to institute fresh suit immediately, if required by avoiding delay.
7) Till passing speaking order and 15 days after communication of the same to
plaintiff the suit structure shall stand protected.
8) Accordingly present suit and N/M No.1412/20 stands disposed off.
9) Authenticated copy of this order/roznama be given to the parties, if prayed for.
Judge
-- 1 of 1 --