Tukaram Nathu Narawade And ORS v. The State Of Maharashtra And ORS

905.4457.16-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4457/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. G. T. Kanchanpurkar for the petitioner.

Mr. S. D. Rayrikar, AGP for the Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : JUNE 15, 2017 P.C.:

1.

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 11.12.2014 passed by the learned Additional Collector, Mumbai Suburban dismissing their Appeal No.127/2014 on the ground that they are already provided alternate accommodation and in spite of that they are not ready and willing to vacate their hutments.

2.

It is to be noted that there are concurrent finding of facts recorded by the Authorities below to that effect. The impugned order was passed by the Authority on 11.12.2014. Since then, there is no stay in favour of the petitioner.

Basavraj G Patil 1/2

905.4457.16-wp 3.

Considering the fact that the concurrent findings of facts are recorded by the Authorities below and there is no stay for last more than three years, I do not find any substance in the Writ Petition. Same stands rejected.

JUDGE Basavraj G Patil 2/2