Final Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM L.C. Stamp No.4839/2020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT (STAMP) NO. 4839 OF 2020
Tarannum Afzal Bagsarya ...Plaintiff
Vs.
The Municipal Corporation of Greater Mumbai
& Anr. ...Defendants
APPEARANCE :
Ld. Adv. A.A. Pande for the plaintiff.
Ld. Adv. Vyavahare for the defendants/MCGM.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C. P. JAIN (C.R.NO.06)
DATED : 16th OCTOBER, 2020.
O R D E R
Plaintiff has taken out this draft notice of motion to
restrain defendants from taking any action in pursuance of the
impugned notice dated 19.06.2017 and speaking order dated
20.03.2020 issued U/sec.53 (1) of Maharashtra Regitional Town
Planning Act, 1966.
2. According to plaintiff, he is owner of flat bearing No.1403
on 14th Floor in A wing in Building ARRAYYAN TOWER situate at plot
No.8888A Maulana Azad Road, Agripada, Jacob Circle, Mumbai – 400
011 (hereinafter referred as suit premises). Plaintiff was issued notice
on 19.06.2017 U/sec.53 (1) of Maharashtra Regitional Town Planning
Act, 1966 (hereinafter referred as MRTP in short). Plaintiff and other
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residents of the said building had approached the officer of BMC. The
officer of BMC had assured that they will not take any action.
Thereafter, suddenly defendants have pasted on 18.06.2020 the
speaking order dated 20.03.2020 on their building. Therefore, plaintiff
has impugned the notice dated 19.06.2017 and speaking order dated
20.03.2020 in this suit and present notice of motion.
3. Learned advocate for plaintiff has orally submitted that on
account of sudden speaking order after lapse of three years, and on
account of assurance given by BMC, reply was not submitted. The
speaking order is without considering their reply and documents.
Therefore, plaintiff may be permitted to file reply and documents to put
up his case.
4. Learned advocate for BMC/defendants has acceded for this
request upon considerable time frame.
5. I have heard both the sides. Admittedly, there is speaking
order dated 20.03.2020 in pursuance of impugned notice dated
19.06.2017 which is without reply. Therefore, the said speaking order
is not on merits. In order to resolve the dispute, it will be appropriate
to give opportunity to plaintiff to file his reply along with documents
and thereafter get fresh speaking order which will be on merits and
upon consideration of reply and documents of plaintiff. This will be in
the interest of both the parties and justice.
6. In light of aforesaid discussion, it will be appropriate to
dispose of the suit and notice of motion by giving directions to
defendants to pass fresh speaking order after submission of reply by
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plaintiff within 10 days from today along with documents. Therefore,
in the interest of justice and both the parties, I proceed to pass
following order
ORDER
1. Plaintiff shall file reply and documents within 10 days from today
before defendants and thereafter defendants after considering
the reply and documents of plaintiff shall pass fresh speaking
order within 15 days of the date of reply.
2. Till then and in case of adverse order if any, two weeks
thereafter, defendants are directed not to take any coercive
action in respect of the suit premises.
3. In view of the above directions, Suit and Draft Notice of Motion
is disposed of.
4. Suit and Draft Notice of Motion be registered for statistical
purposes.
(C.P. Jain)
Adhoc Judge, (C.R.No.06)
Date : 16.10.2020 City Civil Court, Gr. Bombay
Dictated on computer :16.10.2020.
checked on :16.10.2020.
Signed on :16.10.2020.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 01.02.2021, 11.55 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
16.10.2020
JUDGMENT/ORDER signed by
P.O. on
16.10.2020
JUDGMENT/ORDER uploaded on 01.02.2021
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