DATTARAM H. MOHITE Vs. M.C.G.M.

JUDGEMENT

(1.) Plaintiffs have preferred this Appeal, from Order, dated 29.10.2020 passed by the learned City Civil Court, Mumbai in Notice of Motion No. 1436/2020

(2.) Facts of the case are as under :

(3.) Pursuant to the above directions, the technical members of the T.A.C. visited the site with structural auditors on 21.09.2020. After the site visit, meeting of Committee was held in the Chamber of Ward Executive Engineer, L-Ward with structural auditors, technical members and the representatives of the stake- holders. Upon appraising reports, submitted by both the structural auditors, results of non-destructive test carried out by them and after the visual inception, members of the Committee, unanimously concluded that, structure "Manisha Plaza Building" is structurally deteriorated and is in dilapidated condition. They unanimously declared the structure falls under "C-1" category and opined its demolition immediately. The learned Judge, City Civil Court after going through the T.A.C report and upon noticing, that the plaintiffs were permitted to participate in the proceedings, declined to protect the suit structure vide order dated 29.10.2020 and accordingly dismissed Notice of Motion No. 1436 of 2020.