Judgment · High Court · 2010

Mr.Anil for the Appellant. Smt.K.K.Soran, adv., for the respondent/M.C.G.M. i/by Sanjeev R. Singh, advs., CORAM : J.H.Bhatia, J. DATE : 13th October, 2010 P.C.: 1 Heard the learned counsel for the parties. Appellant, who is original plaintiff, filed a suit no.2076 of 2010 seeking declaration that notice issued under Section 351 of the Bombay Municipal Corporation Act is not valid as the structure of the plaintiff is situated in slum area. He also took out notice of motion in which the trial Court granted ad-interim relief against the defendant/Municipal Corporation but also directed Deputy Collector, Borivali, who is competent authority, to take legal action and also directed that copy of the plaintiff's notice of motion be sent to the Deputy Collector for action. Plaintiff has challenged paragraph 2 and 3 of the said order in the 2 present appeal. The learned counsel for the respondents also concedes that the said part of the order is beyond the scope of the suit. As notice of motion is still pending, it will be desirable that the notice of motion be heard and disposed off as early as possible. 2 Therefore, the present appeal and the application stand disposed off with the following directions: (i)The paragraphs 2 and 3 of the operative order dated 30th September, 2010 passed by the trial Court stands set aside. (ii) The Municipal Corporation shall file reply to the notice of motion within three weeks and the trial Court shall hear and dispose off the notice of motion on its own merits within five weeks. (J.H.BHATIA, J.) 3