Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010043672020
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI.
NOTICE OF MOTION NO.1383/2020
IN
LONG CAUSE SUIT NO.1119/2020
Akhilesh Prasad Singh … Plaintiff
Versus
The Asst. Municipal Commissioner and others … Defendants
CORAM : HIS HONOUR JUDGE SHRI C. S. DATIR
(C. R. NO. 04).
DATE : 10.03.2026
Appearance: -
Adv. Mr. Ansari Kalim for the plaintiff.
Adv. Ms. Vidya Vyavhare for the defendants.
ORDER
The plaintiff has taken out this Notice of Motion, requesting
to restrain the defendants from taking coercive steps from demolishing
or disconnecting the electricity supply. He also prays that, his
application for regularization for the mobile tower to be decided first or
he may be granted the liberty to file an online application for
regularization of the mobile tower.
2. He has further contended that, in September 2020, the
officers of defendant no.1 visited the suit premises and threatened to
demolish the mobile tower as the plaintiff has not produced relevant
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documents to that effect and it was erected illegally. If his mobile tower
is demolished, it will be inconvenience to the public at large. Telecom
service is an essential service. Therefore, defendant be directed not to
demolish or take any action in respect of the mobile tower. He prays
that, the Notice of Motion be made absolute.
3. As against, the defendant has filed a reply and objected the
same that, the plaintiff has not served statutory notice under section
527 of the M.M.C. Act before filing the suit. The suit is not tenable
under Order VII Rule 3 of the Code of Civil Procedure. No cause of
action arose to file the suit. The plaintiff has erected a mobile tower on
the suit premises without permission. It is unauthorized construction.
Therefore, the plaintiff was directed to produce the documents from the
Competent Authority, if any, otherwise, action will be taken. The
plaintiff has approached to the B.M.C. and filed an online application
for a mobile tower. However, his proposal had been rejected for want of
requisite documents on 17th December 2021 and 21st February 2022. His
architect has not submitted requisite documents as per the prevailing
policies and circular till 23rd January 2023. As on today, his proposal is
rejected. In short, the plaintiff’s regularization proposal has been
rejected by the defendant and now there is nothing survived. The
B.M.C. has also intimated him that his proposal for regularization has
been rejected on 17th December 2020. The copies were placed on
record. Therefore, the Notice of Motion be rejected.
4. Heard argument of both sides. Perused the record.
It is a short submission of the plaintiff that, the defendant
be directed to consider his regularization proposal of the mobile tower
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and till then, the defendant be restrained from demolishing the
structure of the mobile tower.
5. I am of the view that, already the proposal of the plaintiff
regarding regularization of the mobile tower structure has been rejected
by the B.M.C. on 17th December 2020 and it has been served to the
plaintiff. Its copy is also placed on record. Therefore, there is no
question to direct the defendant to regularize his structure of the mobile
tower.
6. His second prayer is to restrain the defendants from
demolishing the mobile tower. I am of the view that, once he made a
proposal for regularization to the B.M.C. and it has been rejected, it
means, the alleged structure was not authorized. If the structure is not
authorized, the Court will not protect the same. Rather, the prayer
made by the plaintiff in the Notice of Motion would not be tenable.
Hence, the following order: -
ORDER
1. The Notice of Motion stands dismissed.
2. Notice of Motion No.1383/2020 is disposed of.
(C. S. DATIR)
Judge,
Date: 10/03/2026 City Civil Court,Gr. Mumbai.
Dictated on : 10/03/2026
Typed on : 10/03/2026
Checked on : 10/03/2026
Signed on : 10/03/2026
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"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER"
DATE: 10.03.2026, AT 06.00 P. M. Siddhesh S. Shirke
Stenographer (Grade-I)
Upload Date and Time Name of Stenographer
Name of the Judge (with Court no.) : Shri. C. S. Datir, (C. R. No. 4)
Date of pronouncement of
Judgment/Order : 10.03.2026
Judgment/Order signed by the P. O.
on : 10.03.2026
Judgment/Order uploaded on : 10.03.2026
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