Final Order 1

Order Details: Other
Pdf Text: Dt.09/11/202
0
ST- 5485/2020
Exh.3
CORAM : H.H.J SHRI.U. J. MORE(C.R.NO.8)
Adv. Mr. Kedare for Plaintiff present and tendered original NM
No.1631/2020 along with affidavit in support. T.O.R. He also
tendered list of documents t.o.r. and marked as Exh.3.
Adv. Mr. Khandagale for Defendant/MCGM present.
K.B.
L.O. at. 12.20 p.m.
Mr. Ajay B. Sataw, Sub-Engineer SWM, M/E Ward, MCGM is
present.
Advocate for Defendant submitted that ad-interim relief should be
rejected.
K.B.
L.O.1.20 p.m.
Mr. Sanjay Kothavle, Chairman of the Plaintiff is present.
Advocate Khandagale strongly objected for any relief in favour of
Plaintiff.
It is further submitted by advocate Khandagale that suit structure
already demolished yesterday by BMC authority.
It is submitted the Ld. Advocate for Plaintiff that the PSC Toilet
block was erected on pay and use basis for the service of people at
near wall of Municipal School Shivaji Nagar. It was promised to
give alternative accommodation in case of demolition/removal.
It is submitted by Ld. Advocate Khandagale for Defendant/
Corporation that the notice structure affects road widening project
of Ghatkopar-Mankhurd Link road. It was not assured by
Defendant/Corporation to give any alternative accommodation.
Perused Plaint along with NM and all documents.
Perused affidavit cum reply filed by the Defendant/Corporation.
The sanction order regarding construction of PSC toilet block
from pay and use scheme at Ghatkopar-Mankhurd Link Road
(Service Road) near wall of Municipal School Shivaji Nagar, is
dated 07/11/2015. Column 11 of same order reveals the
ownership of land on which P.S.C. the entirely vests with the
Municipal Corporation of Gr. Mumbai and shall be vacated
whenever M.C.G.M. required. The documents filed by Plaintiff
nowhere transpires that BMC has assured to give alternative
accommodation in case of demolition/removal.
But document dtd. 27/07/2020 it is a proposal by solid waste
department which provides that, the Water line can be changed
with extra costs of Rs. 1,60,864/- without disturbing Suit
structure. It is also circulated by BMC Circular No. 24891 dtd.
04/03/2013 that 'stay to demolition action against P.S.C. toilet
block on Pay and Use Scheme.' Despite of such circulars the BMC
has issued demolition letter dtd. 28/10/2020.
But letter dtd. 02/03/2020 issued by Assistant Commissioner
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Contd.....
M/E specifically mentioned that in case of vacating the P.S.C.
toilet block Plaintiff is directed to suggest two alternative places
which would be considered by BMC on terms and conditions.
Thus, now it is crystal clear that there is proposal of alternative
accommodation subject to the suggestion by the Plaintiff in case
of demolition of the Suit premises. But Plaintiff can not claim to
stay in same premises as road widening project is very important
for larger interest of people at larger extent. The Ghatkopar -
Mankhurd link road(service road)widening is very important for
smooth functioning of a road. Accordingly, I pass the following
order : -
ORDER
1. The ad-interim relief in terms of prayer clause (a) to the NM No.
1631/2020 is rejected.
2. Defendant /Corporation is directed to consider the application
of plaintiff for alternative accommodation for P.S.C. toilet block
on Pay and Use Scheme as assured through letter dtd.
02/03/2020 by Asstt. Commissioner M/E ward, as soon as
possible.
3. Notice of Motion No. 1631/2020 stands disposed of accordingly.
4. Stamp No. 5485/2020 is disposed of.
5. Suit be numbered for statistical purpose.
Authenticated copies be given to the both parties.
Judge
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