Date: 09-10-2020
Business: Adv Mr. Iqbal Siddiqui for plaintiff present and tendered registered N/M No.1412/20. t.o.r.
Adv. Shri. Suryavanshi for defendant/BMC present.
Plaintiff today failed to submit photographs of said structure as per earlier directions. He is going to produce said photographs within 2-3 days.
Ld Adv of defendant submitted that in the said matter even-though show cause notice is issued but speaking order is yet not passed by the corporation. According to him still corporation has to decide whether said structure is eligible or ineligible said aspect is to be ascertained and determined by the BMC authority, thereafter BMC authority will pass suitable speaking order as per Law. According to him prior to speaking order the suit is premature.
Hence, both the parties are seeking short adjournment for above compliance.
The earlier relief to continue till next date.
Keep matter on 14/10/2020 at 11 a.m. for reply and photographs compliance.
Next Purpose: REPLY
Next Hearing Date: 14-10-2020
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 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.
Nature Of Disposal: OTHER
Disposal Date: 14-10-2020