Date: 14-03-2018
Business: Mentioned by praceipe. NOB. TOB
Adv. Shukla for plaintiff tender draft NM with affidavit seeking preventive reliefs for restraining the defendant from demolishing the suit premises. Leave to register is granted.
The Ld. Adv. for plaintiff submits that the defendant has issued notice dtd. 08.03.2018, under section 488 of MMC Act, on 09.03.2018 and also threatened plaintiff to demolish the suit premises. According to him the suit premises is located on the fourth floor of the building. He apprehends hasty action at the hands of the officers of the defendant. On the other hand Ld. Adv. Patil for BMC submits that the notice is issued only for inspection, taking photographs and measurements of the suit premises. According to her the defendant only requires co operation from the plaintiff to carry out the inspection. The Ld. Adv. Shukla submits that the plaintiff has no objection for work of taking photographs and measurements.
Considering the submission made by both the advocates it is crystal clear that the impugned notice dtd. 08.03.2018, issued under section 488 of the MMC Act, is only for the purpose of inspection and for taking photographs and measurements of the suit premises. Considering the scope of the notice and the willingness expressed by the plaintiff to allow the officers of the Defendants for the aforesaid purpose mentioned in the notice, the suit and the NM are disposed off by directing the defendant corporation to act within the scope of notice dtd. 08.03.2018 and further it should not take any action in respect of the suit premises without following due process of law. An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties. NM be registered for the statistical purpose.
Nature Of Disposal: DISMISSED
Disposal Date: 14-03-2018
