Final Order 1

Order Details: Notice of Motion
Pdf Text: : 1
1. Dt : 15052019
NM 20632019
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.
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