Final Order 1

Order Details: Other
Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Sr. No. 30
SU 1591/19
NM 1936/19
None present for the plaintiff.
Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Following Order is passed below Notice of Motion No. 1936/2019.
01. Assailing the notice dtd. 22.05.2019, issued U/s. 354-A of the
MMC Act, the plaintiff contended that the suit premises is very old
and he acquired the same in 2019. Further, it is situated at Deemed
Slum area and he never carried the construction, as alleged. More
so, this notice is vague and unjustified. Still, the concerned Officers
are bent upon to execute the notice. Above all, he didn’t receive the
Speaking Order, although he replied the said notice on 25.05.2019,
by filing the relevant documents. The record reveals that in view of
these contentions, on 28.05.2019, the Court granted interim relief
to him in terms of prayer clause (a) of this NM. Simultaneously, the
defendant was directed to inform passing of the Speaking Order in
view of his reply. However, it seems that the defendant didn’t worry
to contest this NM and the suit as well. In the circumstances, there
is no reason to discard the plaintiff’s assertions, which are backed
on affidavit. Rather, there is nothing to rebut his stand. Needless to
mention that unless his reply is considered and the Speaking Order
is communicated to him, the defendant is not expected to proceed
against the notice structure. Moreover, the record is silent to gather
on-going status of the said construction so as to justify the issuance
of notice U/s.354-A of the MMC Act. In the result, this NM deserves
to be allowed, in view of the following terms -
01. Notice of Motion No. 1936/2019 is partly allowed.
02. The defendant, his agents, his servants and anybody else
claiming through him are hereby restrained to proceed
against the notice structure, in pursuance of the suit notice
dtd. 22.05.2019, except by following the due process of law.
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03. Notice of Motion No. 1936/2019, is accordingly, disposed of.
At this stage, the advocate for defendant submitted that in view of
this NM Order, even the matter may be referred to lok-adalat for
recording statement of the concerned Officer. Hence, the matter is
referred to ensuing Lok-Adalat. Issue notice to the plaintiff.
Adjourned for lok-adalat/WS to 14.12.2024.
Judge
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