Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2160-19 in Stamp No. 6275-19
CNR NO.MHCC0100601519
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2160 OF 2019
IN
L.C. SUIT (STAMP) NO. 6275 OF 2019
Smt. Farida Sarosh Poonawala ....Plaintiff
V/s.
The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 28th June, 2019.
Appearance:
Ld. Adv. Mr. Kalanke for the plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
Ld. Adv. Ms. Bhandari for defendant no. 4.
ORDER
1. The plaintiff by this notice of motion seeks injunction restraining
the defendant corporation from passing any order of demolition or
directing the plaintiff / tenant from vacating the suit building.
The plaintiff was informed that the suit building will be pulled
down within 7 days. The notice dated 13.05.2019 was issued and
pointing out that the suit building is in dangerous and dilapidated
condition. It is the allegation of the plaintiff that the notice was without
obtaining the report of the Structural Engineer. It is the case of the
plaintiff that the building is repairable. It is contended that the action
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2 NM 2160-19 in Stamp No. 6275-19
of the defendant corporation is illegal and no action can be taken on the
basis of notice under Section 354 of the MMC Act.
2. Heard Learned Advocate for the plaintiff and the Learned
Advocate for the defendant corporation.
3. The defendant corporation had filed the say to the notice of
motion. It is contended that in the inspection it was found that the suit
building was in dangerous condition. The structural Audit Report was
carried out by the landlord on 06.09.2018. The building was
categorized as CI category. The notice was issued to the plaintiff on
13.05.2019. Further, report was submitted as approved of Dy. Chief
Engineer. The plaintiff submitted that in the structural Audit Report the
building was in C2A category alongwith reply dated 12.11.2018. The
defendant referred the reports of Structural Audits to TAC (Technical
Advisory Committee).
In the meeting of TAC, it was concluded that the building falls in
CI category. It is contended that the plaintiff had not approached this
Court with clean hands.
4. The reply of the defendant corporation clearly indicates that after
structural Audit Report of the landlord, the plaintiff also had submitted
the structural audit report. Both the structural audit reports were
further referred to TAC. It was concluded by TAC that the suit building
falls in CI category.
5. The TAC had come to the conclusion that the suit premises is
deteriorated and dilapidated in condition may collapse. Those are
danger to the life and property of residents. It is contended that the
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structure needs to be vacated and demolished.
6. In the light of the observation of the TAC, the plaintiff is not
entitled to any reliefs as claimed. The individual interest cannot prevail
over the interest of the society.
The plaintiff has failed to make out primafacie case. The balance
of convenience does not lies in favour of the plaintiff. The plaintiff
would not be put to irreparable loss, if the temporary injunction is
refused. In the result, following order is passed.
ORDER
The Notice of Motion No. 2160/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 28.06.2019 City Civil Court, Mumbai.
Dictated on : 28.06.2019
Transcribed on : 29.06.2019
Signed by HHJ on : 03.07.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 03.07.2019 at 5.22 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
28.06.2019
JUDGMENT/ORDER signed by
P.O. on
03.07.2019
JUDGMENT/ORDER uploaded
on
03.07.2019
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