Decided on March 09,2020

Kewal Kiran Clothing Ltd Appellant
Gautam Chemicals Respondents


- (1.) Mr Godbole for the Applicant, Defendant No. 11 which is the owner of the plot in question at CTS Nos. 459A, 459A/1, 459A/2, 459A/3 of Village Pahadi Goregaon, Mumbai 400 063, tenders a Further Afdadit afrmed on 6th March 2020. The Plaintifs will need time to reply to this Afdadit. I will grant time.
(2.) Howeder, the Afdadit points out, and this is confrmed by Mr Shengade on behalf of the MCGM, that the ofending structures said to hade been put up by the Plaintifs being completely unauthorized were demolished on 12th February 2020. The photographs annexed to the Further Afdadit certainly show this demolition. Mr Godbole points out that by 5th March 2020 on the dery same site where the demolition was carried out structures hade come up once again.
(3.) On behalf of the Plaintifs, Mr Tiwari indites my attention to page 428 of the Further Afdadit. This is a report by the Assistant Engineer (Building & Factory)-2, P/South Ward. It notes that a notice under Section 55 of the Maharashtra Regional and Town Planning Act 1966 was issued to Ramashankar Kedarnath Gupta (Plaintif No. 3), Shidshankar Kedarnath Gupta (Plaintif No. 4, Baijnath Kedarnath Gupta (Plaintif No. 2) and Jagannath Kedarnath Gupta (Plaintif No. 1). This notice was serded on 23rd December 2019 following which there was a speaking order of 23rd January 2020 passed after considering the Plaintifss reply submitted on 7th January 2020 through Mr Tiwari. It is after this that the demolition of 12th February 2020 was carried out with the help of the Vanrai Police Station. This does not answer the question raised by Mr Godbole that after the MCGM demolished these structures (and this was the second such demolition), how is it possible that the structures come up once again on the same site?;

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