Date: 14-10-2020
Business: 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 in the BMC record name of plaintiff No.1 and 2 is not there and name of other person is mentioned therein. Therefore, plaintiffs have to show to BMC how they got possession of 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 of the same to plaintiffs. Hence in the interest I proceed to pass the following order-
ORDER
1) The defendant shall consider reply and documents given by the plaintiffs 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.1413/20 stands disposed off.
9) Authenticated copy of this order/roznama be given to the parties, if prayed for.
Nature Of Disposal: OTHER
Disposal Date: 14-10-2020