M r t p under sec 53 ( 1 )
KETAN J SHAH
(Querist) 22 July 2013
This query is : Open
Respected Sirs.
B M C had issued notice under sec 53 (1) of M R T P act and one months notice was given to the tenant to either get the unauthorised structure regularised or reinstate as per original sanctioned plan. The tenant instead of complying with the B M C's Order approached the city civil court and filed a suit against B M C .Today after 2 years the suit is in the stage of Notice of Motion hearing and now the tenant wants to file chamber summons to ammend the Plaint.
The original plaint says that the letter for application for regularisation submitted by the tenant was rejected and now in the ammendment the tenant is saying thast the letter is accepted. These are 2 contraditory statements by the tenant.
Now the question is wether at this stage of suit when the Notice of Motion is to be heard can the plaint be ammended by chamber summons . If the letter for regularisation is accepted by the B M C then does the irregular structure get authorised without the NOC of the Landlord.
Please give your valuable opinion.
Thanking you in advance.
