NOTICE TO THE MUNICIPAL CORPORATION ABOUT DEMOLITION

D. M. BHALEKAR,                                                     16/1 Siddharth Chambers,
B. A.; LL. B.,                                                                Erandwana, Karve Road,
ADVOCATE.                                                                PUNE 411 004
Phones : 5431424, 5431434
Dated............
NOTICE (REGISTERED A.D.)
To      
(1) The Municipal Commissioner, 
Pune Municipal Corporation, 
Shivajinagar, PUNE 411 005.
(2)  Pune Municipal Corporation,
Shivajinagar, PUNE 411 005.

Sirs,
Under instructions from and on behalf of my client, Shri RBJ, of 100 Mangalwar Peth, Pune 411002, I have to address you as follows:
1. That my client is lawfully occupying and using for his own business the properties bearing House No. 100 Mangalwar Peth and Plot No. 25, Somwar Peth, Pune City, for the last so many years.
2. That my client has started thereon his business after obtaining due permissions from the Government and the municipal authorities, and my client has also paid the property tax to you in respect of the said properties.
3. That despite these facts, at the instance of some miscreants and political rivalries of my client, the municipal authorities started harassing and threatening him, and hence, my client had filed against you a civil suit bearing No. 1000/200 in the court of Civil Judge, Junior Division, Pune.
4. That in the said civil suit, you had given an undertaking to the effect that you will not pull down or object to the said constructions and business, and, accordingly, the said civil suit was disposed of on
5. That since the disposal of the said civil suit, my client has been running his business there without any objection from you. However, again, at the instance of the political rivalries of my client, on........, the Mayor of the No. 2 of you along with some corporators had visited the area and threatened my client that his premises would be pulled down, and though my client tried to explain the position, they refused to go through the papers and take into account the legal position.
6. That thereafter some officers, not clearly specifying and disclosing their designations, had been visiting the place and giving threats to my client to the effect that he would be evicted from the place.
7. That in the circumstances, it is the contention of my client that he is lawfully occupying the said properties and running his business there, and the Corporation has no right to take any objection to his doing so, and the said constructions cannot be pulled down.
8. That it is also the contention of my client that the Corporation is bound by the orders passed and undertaking given in the civil suit No. 1000/200.. and is also estopped by its grant of permissions, licences and the various orders passed by the previous Municipal Commissioners, and at this background, the Corporation cannot take any action against my client.
9. That in view of the above mentioned facts, my client apprehends that the authorities may hatch out some malicious plan and take any action for raising objection to the constructions and running my client's business.
10. That my client also apprehends that your officers may try to pull down or demolish  the legal constructions  of my client which, according to my client, is totally illegal, and in that event, my client would file against you a suit for declaration, injunction, damages, contempt of court or any other or any of these, and in that event, the total responsibility as to the costs and consequences of such suit shall be that of yours, which please note.
11. That my client furthermore would like to bring to your kind notice that if, despite of all these facts and legal position, your officers indulge into any acts, they would be guilt of such acts which will be undoubtedly ultra vires, and hence they would also be liable and answerable for the same.
12. That this notice is the statutory notice being given u/s 487 of the Provincial Municipal Corporations Act 1949.
                                                                                                                       Yours faithfully,
                                                                                                               [ D. M. BHALEKAR ]
                                                                                                                        ADVOCATE.