Order 1

Order Details: Other
Pdf Text: Order below Suit nos. 1473/2018 to 1484/2018.
Adv. Mr. Kudalkar for plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Suit is for filing written statement of defendant.
Heard both the parties.
By order dated 30.05.2018 my Ld. Predecessor noted that from the order passed by
Hon'ble High Court on 14.06.2017 that opportunity of being heard was to be given
to all affected persons. It further noted that in view of principle of natural justice
and in view of submissions it is just in the interest of justice it give one more last
opportunity to the plaintiff prior to demolition. The defendant was also directed to
consider the reply and documents produced by plaintiff and then pass speaking
order. At that time the notice of motion was disposed of by this direction.
Ms. Tondwalkar advocate for defendant MCGM has submitted that the designated
officer has called the remarks from other departments. Till yet remarks are not
received and speaking order is not passed.
Therefore, in view of submissions of both the parties and the specific order of this
court dated 30.05.2018 and the directions of the Hon'ble High Court on 14.06.2017
in Writ petition no. 737/2016 opportunity of being heard is to be given to the
plaintiff. Hence, both the parties are directed to comply the earlier order dated
30.05.2018. Till then defendant corporation is directed not to take any coercive
action in respect of the suit premises and in case of adverse order two weeks
thereafter. In view of this suit is disposed of. Proceeding is closed.
Authenticity copy of rozanama be given to the parties.
Judge
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