Order 1

Order Details: Other
Pdf Text: 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 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.
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