Date: 25-05-2018
Business: Advocate Mr. N.K. Singh @ Advocate Mr. Ashok Mishra for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft present.
Mr. Charudatt Mohod Jr. Engg. L Ward present.
V/p tendered by the Plaintiff t.o.r.
List of the documents tendered by the Defendants t.o.r.
Heard. Perused documents of the Plaintiff and documents submitted by the Defendant along with affidavit of concerned officer. Prima facie it revels that by way of agreement of transfer dtd 16.04.1999 the Plaintiff has come in possession of the suit premises. The Plaintiff has produced NA order, demand notices, etc. to show that the suit structure is very old one and situated on the private party. Further the Plaintiff has filed on record reply to public notice issued dtd 29.04.2016. It appears that the said public notice was issued for disclosing purported the eligibility list on 29.06.2016. Further prima facie it appears that notices were issued u/s 314 of MMC Act, in respect of the suit premises. In the reply para no.6 the Plaintiff has even given reference of order passed on 14.09.2009 in PIL W. P. No. 140/2016. The said order is also filed by the Plaintiff and in the said order directions were given to take all steps and majors, which are necessary to protect the water pipes and ensure that the water reaching Mumbai through these pipes is not polluted or used any purpose, which would endanger the lives of the citizens in mumbai. Further the Plaintiff has filed on record earlier notices issued by the Defendant in respect of present suit property. In this background there is a suit notice and order. Adv for the Plaintiff has submitted that in view of an affidavit of the officer of the Defendant, suit notice and order is not legal and not applicable.
Ld. Adv for Defendant urged that this matter is related to Tansa pipeline and she has drawn my attention towards order passed in W.P.No.2598/13 which is in connection with PIL 140/2016. The Defendant has filed documents along with affidavit of the concerned officer stating there in that notice structure is affected within 10 mtrs of Tansa pipeline, hence this court has no jurisdiction to entertain the suit. Prima facie the Defendant has filed on record letter issued by Asstt. Engg. \''L\'' Ward, in respect of removing of encroachment along 10 mtrs both sides of water main trunk lines wherein the list of the referred structures along with name of holder has also been given. Adv for the Defendant has pointed out the name of present Plaintiff along with description of the suit property at serial no.96. Further the Defendant has filed on record map of Tansa pipeline affected structures and officer of the Defendant has stated that suit structure is in the said map. Further the Defendant has also filed on record photographs of the suit structure to point out unauthorized construction.
In this background and submissions of Ld. Adv for the Defendant and officer of the Defendant, the suit subject is related to Tansa pipeline. Therefore in view of order passed by the Hon\''ble High Court this court has no jurisdiction to entertain present suit. Therefore the Plaintiff is not entitled for any relief and suit is necessary to be disposed of with liberty to the Plaintiff to take appropriate further action as per the law. Hence I proceed to pass the following order.
Order
1. Suit is hereby disposed of and consequently draft N/m stands disposed of and it be registered for statistical purpose.
2. As suit is disposed of, draft Ch/s stands disposed of.
3. In the interest of the justice, as a last chance, one week time is granted to the Plaintiff to initiate further legal action, till then, the Defendant is directed not take any coercive action.
Authenticated copy be supplied to both parties.
Nature Of Disposal: DISMISSED
Disposal Date: 25-05-2018