SURENDRA SUBHEDAR SINGH Vs. ASST. MUNICIPAL COMMISSIONER, MCGM

JUDGEMENT

(1.) This is an appeal filed by the appellant/plaintiff assailing an order dtd. 23/1/2023 passed by the learned Ad-hoc Judge, City Civil Court at Mumbai whereby a notice of motion (Notice of Motion No.4704 of 2022) filed by the appellant/plaintiff praying for a temporary injunction against the respondent/Municipal Corporation (for short, "MCGM") has been dismissed.

(2.) The suit in question (L.C. Suit No. 2801 of 2022) came to be filed by the appellant/plaintiff being aggrieved by a notice issued by the respondent (for short "MCGM") under Sec. 3141 of the Mumbai 1 Power to remove without notice anything erected, deposited or hawked in contravention of sec. 312, 313 or 313A Municipal Corporation Act, 1888 (for short, "MMC Act"). The prayers in the suit are to the effect the said notice be declared to be null and void and for a permanent injunction to restrain the MCGM from implementing the impugned notice.

(3.) At the outset, it is required to be stated that in paragraph 3(a) of the plaint the appellant/ plaintiff has claimed to be the owner and occupier of the land described as CTS No.1491 admeasuring 175 sq. mtrs. situated at Mulund (West), Mumbai. In paragraph 1 of the plaint, the appellant/ plaintiff has stated that the suit pertains to stalls which are occupied by his tenants. It is his case that there are 17 stalls which are put up on the said land by his predecessor- in- title who is stated to be one Mr.Jamadarsingh Gokulsingh. The land in question forms part of the road widening project being undertaken by the MCGM in the public interest namely road widening on JST Road outside the Mulund Railway Station.