Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :SUIT/0103344/2018
Bhanarram Bhisaji Choudhary Vs MCGM
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.
&amp#039L&amp#039 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.
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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&amp#039ble 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
COURT 11 ADDL SESSIONS JUDGE
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