Date: 19-06-2019
Business: As Court is busy in hearing urgent ad-interim matters. The board is discharged.
The case is adjourned to 18.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Advocate Rohit Kurmi for plaintiff present and filed original Notice of Motion No. 2055/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Heard on the point of objection to maintainability of suit in the light of directions of the Hon\''ble Bombay High Court in respect of maintainability of suit relating to structures situated within ten meters from the water pipe line.
The advocate for plaintiff as well as defendant both admit that this Court can not entertain the suit if the structure in question is within ten meters distance from the water pipe line known as Tansa Pipe line.
Advocate for plaintiff submitted that the suit structure is existing beyond ten meters from the water pipe line. He pointed out the pleadings in the plain to that effect.
It is seen that there is no document on record to reveal that the suit structure is situated beyond ten meters of the water pipe line. The plaintiff has produced a letter at Exh. H dated 05.02.2011 wherein she was considered eligible to have an alternate accommodation. The letter Exh. H mentions that such eligible persons to have alternate accommodation are those whose huts/constructions were within ten meters affected area abutting the main pipe line.
The advocate for plaintiff on questioning by the Court initially submitted that the plaintiff relies on the letter Exh. H, however, after some time submitted that the plaintiff does not rely upon it. Facts remains on record that plaintiff herself has produced said letter before this Court wherein it is revealed that the suit structure is within ten meters affected area from the main pipe line.
Advocate for plaintiff relied upon the Judgment of the Hon\''ble Bombay High Court in Writ Petition no 454/16 and submitted that the defendant has to follow due process of law. Said aspect can be considered only if this Court possess the jurisdiction to consider it.
Considering above discussion and the admitted position about maintainability of suits relating to structures within ten meters of main pipe line, is clear that present suit is not maintainable before this Court.
Suit is disposed off.
Nature Of Disposal: OTHERWISE
Disposal Date: 29-06-2019
