KEWAL KIRAN CLOTHING LTD Vs. GAUTAM CHEMICALS
HIGH COURT OF BOMBAY
Kewal Kiran Clothing Ltd
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(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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