Final Order 1

Order Details: Other
Pdf Text: 23.01.2023
Sr. No. 47
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1611/18
NM 2045/18
C/S 886/18
Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The following Order is passed on NM No. 2045/2018:
: O R D E R :
01. Perused the NM and record. Heard both the sides. Having
considered their submissions, at the outset, it is to be noted that on
22.05.2018, this Court granted adinterim relief in favour of the
plaintiff, till the defendant files detailed reply to this NM. The said
Order is continued till date. While passing the said Order, it was
observed by the Learned Predecessor of this Court that in view of
the Speaking Order dtd. 16.05.2018, the Designated Officer did not
specifically disclose that the said construction was ongoing. On this
background, till filing of the NM reply, the notice structure was
protected. However, the fact remains that the defendant did not
bother to contest this NM as well as the suit and therefore, in view
of the Order dtd. 17.08.2022, it has been proceeded without NM
reply and WS. This being the position, there is nothing on record to
rebut the plaintiff's contention that the said construction was
complete and the notice, issued U/sec. 354A of the MMC Act, is
unwarranted. In the circumstances, it is clarified that the defendant
did not follow the due process of law while proceeding against the
notice structure. In the result, the adinterim relief, granted in
favour of the plaintiff on 22.05.2018, is made absolute till the
defendant follows the due process of law. NM No. 2405/2018 is,
accordingly, stands disposed of as partly allowed.
In view of the report of Sheristedar, Ch/s No. 886/2018 was
actually disposed of on 22.05.2018. Hence, it be disposed of from
CIS.
Authenticated copy of this roznama be given to both the parties.
Adjourned for R/E (No WS) to 06.03.2023.
Judge
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