Final Order 1

Order Details: Other
Pdf Text: 15.05.2019. CORAM : H.H.J. SHRI. G.B. GURAO (C.R.06)
ST 5529/19 Advocate Mr. Mooman for plaintiff is present.
Advocate Mr. Khandagale for defendant/BMC is present with
officer Shri Vikram Somavanshi (JE, F/N ward) filed short reply.
Heard both the sides.
Advocate for plaintiff submitted that plaintiff has not made any
addition and alternation in the suit premises. The loft is in
existence since 1952 when the building is constructed. Besides
this plaintiff runs his business there and he would submit
regularization proposal before the concern department of the
corporation. Therefore, he requested to protect the plaintiff till
the decision of the authority on regularization proposal.
Mr. Khandagale for defendant has submitted that the defendant
corporation has recommended the Criminal Prosecution against
the plaintiff under MMC Act for lowering of plinth.
Perused the documents filed by both the parties.
Admittedly building is old. The sanctioned plan is of the year
1953. The Criminal Prosecution against the plaintiff is proposed.
The dispute is now in respect of alleged the unauthorized
construction of loft. Plaintiff is willing to go for regularization of
the loft. Hence, plaintiff is directed to submit the application for
regularization within three weeks from today to the Building
Proposal department of the defendant. The defendant
corporation shall decide the regularization proposal as early as
possible within one month from the receipt of the application
from the plaintiff. Till the decision on regularization proposal
defendantcorporation is directed not to take any coercive action
in respect of the suit premises. In view of this suit and draft NM
are disposed of. They be registered for statistical purpose.
Proceeding is closed.
Sheristedar is directed to give authenticated copy of
rozanama to the plaintiff.
Judge
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