Date: 30-05-2018
Business: 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\''ble 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\''ble High Court on 14.06.2017 that opportunity of being heard was to be given to all affected persons. No doubt thereafter 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.
Nature Of Disposal: DISMISSED
Disposal Date: 30-05-2018
