Final Order 1

Order Details: Other
Pdf Text: 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&amp#039ble
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&amp#039ble
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.
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