Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 3992-19 in Suit No.421-18
CNR NO.MHCC0101103319
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 3992 OF 2019
IN
L.C. SUIT NO. 421 OF 2018
Yasmin Aspi Irani ......Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 21st November, 2019.
Appearance:
Ld. Adv. Mr. Dalal for the plaintiff.
Ld. Adv. Mrs Meena Dhuri for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from acting upon the notice
issued under Section 351 of the Mumbai Municipal Corporation Act,
1888 (herein after referred to as 'the MMC Act') dated 28.12.2017 and
the Order dated 27.04.2019.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. The Schedule of the Notice dated 28.12.2017 reads as under:
''Installation of M S angle framework structure for housing
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Gas cylinders in the House gally located in between Umirgar building,
115 L T Marg and 355 Abdul Rehman Street, without any permission
from competent authority.''
4. The plaintiff was issued notice under Section 351 of the MMC
Act. The Learned Advocate for the plaintiff submits that the office of
Chief Fire Officer of the Mumbai Municipal Corporation issued
sanctioned plan in respect of the shop premises. In the plan M.S.
Cabinet is duly approved and sanctioned by the defendant Officer,
Byculla. It is submitted that the plaintiff had made an application
permission to keep Liquefied Petroleum Gas Cylinder. The plaintiff was
directed to comply with the certain requirements.
The plaintiff was issued notice on 22.05.2012 under Section 55 of
the M.R.T.P. Act. It is contended that the plaintiff had not contravene
the permissions which is granted by Fire Brigade. It is contended that
the speaking order was passed on 27.04.2019.
5. The plaintiff had relied upon following documents:
a) Photocopy of Registration Certificate of Establishment issued on dtd.
15.11.2008 and 22.11.2017.
b) Photocopy of Fire Approval plan on dtd. 19.08.1994.
c) Photocopy of License from Health Department on dtd. 09.08.2017.
6. The plaintiff had relied upon photocopy of Fire Approval Plan
dtd. 19.08.1994. It is answered by the corporation in the order that the
plan is not approved by Executive Engineer cannot be considered. The
photocopy of license was also not considered.
Admittedly, the plaintiff had not produced on record the
permission approved by the competent authority to erect the notice
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structure. The permission of Fire Brigade cannot be permission of
competent authority. The plaintiff has not submitted any permission
authorizing her to erect the notice structure.
7. It primafacie appears that the structure erected by the plaintiff is
without valid sanction. In the absence of any valid sanction, the
plaintiff is not entitled for relief claimed.
The plaintiff has failed to make out the primafacie case in her
favour. The balance of convenience does not lies in favour of the
plaintiff. The plaintiff would not be put to irreparable loss, if the
temporary injunction is refused.
In the result, following order is passed.
ORDER
The Notice of Motion No. 3992/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 21.11.2019 City Civil Court, Mumbai.
Dictated on : 21.11.2019
Transcribed on : 23.11.2019
Signed by HHJ on : 29.11.2019
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4 NM 3992-19 in Suit No.421-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 29.11.2019 at 5.40 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
21.11.2019
JUDGMENT/ORDER signed by
P.O. on
29.11.2019
JUDGMENT/ORDER uploaded
on
29.11.2019
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