Final Order 1

Order Details: Other
Pdf Text: 19.10.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Sr. No. 32
SU 1850/18
NM 2815/18
NM 2069/18
None present for the plaintiff. The matter is kept back. Adv. Mr. S.R.
Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present.
Later on 3.45 p.m.
The appearance is as above.
Order below Exhibit 2 :
01. Perused the application and record. The plaintiff is absent
since last considerable time to proceed with the suit. The plaint
averments, more preciously para Nos.7 and 8, are self-explanatory
to conclude that initially, the Public Notice dtd. 29.10.2016 was
issued pertaining to area, where the suit premises is situated, as
regards removal of slums therefrom. It further appears that the
plaintiff received the notice dtd. 25.11.2017, wherein the suit
premises was numbered as 264 for rehabilitation. This itself shows
that the suit premises is falling within the said structure, which
were within 10 mtrs. from Tansa Pipe-line. Consequently, in view of
the Order dtd. 16.12.2013, in WP (L) No. 2598/2013, this suit can
not be entertained by this Court. Hence, the application (Exhibit 2)
is allowed. Suitable Order follows below Exhibit 01.
Order below Exhibit No. 01:
In view of the Order, passed below the application (Exhibit 2),
the suit is disposed of as not maintainable, in the light of the Order
dtd. 16.12.2013, in WP (L) No. 2598/2013. Hence, all the pending
applications, along-with NM No. 2069/2018 and un-tendered
registered NM No. 2815/2018 are filed. The parties to bear their
own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the
respective parties, on their submitting its Certified Copies, if the
documents are exhibited, or Self-attested True Copies, if the
documents are not exhibited, along-with undertaking to furnish the
originals as and when required by the Court. The concerned
Department to do the needful. The proceeding is closed.
Judge
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