Abdul Karim Jamal MansuriVsMCGM

Date: 02-11-2018
Business: Resumed.
Adv. A. R. pande for plaintiff and Adv. Atif Shaikh with Adv. Dhumale  for MCGM are present.
        I have already heard both the ld. Advocates on motion.  They consented to decide the motion at ad-interim stage.  I have gone through copies of all the documents.  The plaintiff has sought for multiple directions in the motion.
             It appears that a notice u/s 351 dtd. 04.10.2018, alleging unauthorized construction of vertical extension of first, second and terrace floors at the suit building, was issued.  It appears from the endorsement the same was served on the plaintiff on 06.10.2018.  The plaintiff was called upon to file reply within 7 days.  According the plaintiff filed reply on 11.10.2018, which appears to have been served on same date i.e. on 11.10.2018, within the time stipulated in the notice.  The concern designated officer had been pleased to pass the order on 13.10.2018 by holding that the plaintiff did not submit any reply or documents showing authenticity of the structure and further, directed the plaintiff to demolish the same within 7 days, and served the order on the plaintiff on 20.10.2018.
        It prima facie appears that the concern designated officer did not consider the reply and the documents filed by the plaintiff at all and in fact has denied an opportunity of hearing to the plaintiff though personal hearing is not contemplated.  Under such circumstances it is necessary to direct the concern designated officer to consider the reply and the documents filed by the plaintiff and pass a speaking/reasoned order within stipulated time.  At this juncture the adv. for plaintiff seeks liberty to file additional documents before the designated officer.

   In the circumstances  the suit no. 2830/2018 and draft NM are disposed off by giving following directions -
ORDER
1.  The plaintiff is at liberty to file additional reply and documents if any on or before 06.11.2018.
Roznama dtd. 02.11.2018 continued....
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2.  The concern designated officer after considering the reply and documents placed on record by the plaintiff, to pass speaking/reasoned order on or before 14.11.2018 and communicate the same to the plaintiff and if it is adverse to the interest of the plaintiff, the defendant  shall not take any coercive action against the offending/notice  structure till 21.11.2018.
  In terms of the aforesaid direction the suit no. 2830/2018 and draft NM are disposed off.  The plaintiff is directed to register the NM for statistical purposes.
  An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 02-11-2018

Main Case No: SUIT/0102830/2018
Main Cnr: MHCC010136242018
Main Filing No: 111447

Filing Number: 116342/2018
Filing Date: 11-12-2018
First Hearing Date: 02nd November 2018
Decision Date: 02nd November 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE