Date: 05-05-2018
Business: By Precipee
Adv.Mr.Kudalakar for Plff.present.
Adv.for Plff. tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m. Returnable on next date.
Adv.Mrs.Kamble for BMC/Deft.present.
Order below draft N/m
Perused N/m. Heard Ld.advocates of both the sides. Today the concerned officer of the MCGM is not present.
On perusal of the plaint as well as the notice of motion and the documents on record, the plffs has challenged the notice bearing No. ACT/AEMT/1261/Gen dated 04.07.2016 (Exh.L, page 106 of Plaint). The plff has replied the said notice 03.08.2016, received by MCGM on 06.08.2016 (Exh.M, Page no.40 of Plaint). It is submitted by the plff that till the date no speaking order/final order is passed by the MCGM. Even the plff has complied with the provisions of Section 527 of the MMC Act by issuing the notice (Exh.N, Page 41 of Plaint). This N/m and suit is filed on the basis of apprehension. The MCGM even otherwise cannot initiate any action on the basis of said notice dated 04.07.2016 unless the reply and documents filed by the plff.dated 03.08.2016 is considered. The McGm if wants to initiate any action with regard to suit premises shall considered the reply of the plff and pass the speaking order/final order as per law. After considering the previous reply and documents the concerned authority to pass the order and communicate in writing to the plaintiff. If the order is adverse to the interest of plaintiff or against the plaintiff then no coercive action will be taken by the MCGM for period of two weeks after the date of communication of order upon the plaintiff. Draft N/m stands disposed of accordingly. It be registered for statistical purpose.
Order below Exh.1.
In view of order below Draft N/m, Suit No.1251/18 is disposed of accordingly. All issues and contentions are kept open.
Nature Of Disposal: OTHER
Disposal Date: 05-05-2018
