Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102023/2018
Irshad Rashid Qureshi - Suit Stamp No.7149 of 2018 Vs MCGM
Date : 04-06-2018
Business : As per roznama dtd 30.05.18 By Preciepe Adv. Mr.
Kudalkar for plaintiff present. Adv. Ms. Tondwalkar for
BMC/Deft.present. Mr. Sanket Pednekar, Jr. Engineer, S
Ward present. Vakalatnama filed by the Plaintiff. TOR.
Adv.for the Defendant has given undertaking that she will
file Vakalatnama on next date. Adv.for the Defendant filed
list of documents as Exh. 3. Draft N/m along with affidavit
in support taken out by the Plaintiff for restraining the
Defendant temporarily from demolishing the suit premises
in pursuance to the notice dt 25.04.2018 without following
due process of law. T.O.R. Leave granted to register. Heard.
Perused documents. It appears that on 14.06.2017 in the
writ petition no. 737/16 directions were given that prior to
demolition give appropriate opportunity of being heard to
all affected persons and said order on passed on 14.06.2017.
Thereafter 08.07.2017 notice seems to be issued to the
owners / occupier. The Plaintiff is claiming tenant in the
notice structure. It appears that before The
Hon&amp#039ble High Court on 25.07.2017 Asst.
Commissioner filed affidavit and it discloses that the
occupants residing refused to accept the notice and the same
were pasted on the wall of the structures. That means prima
facie notice was served to the occupiers / tenants i.e. present
plaintiff. Further it appears that the tenants failed to reply
the notice and on 28.02.2018 speaking order has been
passed. Prima facie the Defendant has filed on record report
of service of order alongwith affidavit in support of
documents at page no. 41. Thus, there is due service of
notice and order. It is argued by Ld adv for the Plaintiff that
suit structure is situated within notified slum and further for
slum area structures, datum line, is of the year 1995.
According to him, he is ready to produce all the documents
showing his case in respect of slum before MMC within
two days. He has urged that in view of principle of natural
justice opportunity be given to the Plaintiff. Besides it is
argued by Ld adv for the Defendant that basically there is
no reply to the suit notice by the Defendant and further even
to consider the suit structure as a slum there is no census
certificate produced by the Plaintiff before this court. It
seems from the order passed by the Hon&amp#039ble
High Court on 14.06.2017 that opportunity of being heard
was to be given to all affected persons. No doubt thereafter
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service of notice was done but the Plaintiff failed to reply it.
But in view of principle of natural justice and in view of
submissions before me it is just in the interest of the justice
to give one more last opportunity to the Plaintiff prior to
demolition. Therefore it is directed to the Plaintiff to place
all documents and reply before concerned authority on or
before 01.06.2018 without fail and further the Defendant is
directed to consider the same, if produced and pass a fresh
speaking order, in pursuance to the suit notice dated
08.07.2017. With above directions draft N/m is hereby
disposed of and it be registered for statistical purpose. Ld.
adv. for the Plaintiff has submitted that he will accept copy
of the order on behalf of the Plaintiff. Authenticated copy of
Roznama be supplied to both the parties.
Nature of Disposal : DISMISSED
Disposal Date : 04-06-2018
COURT 11 ADDL SESSIONS JUDGE
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