Manoj Uttam Lihinar v. Mr. Annasaheb Baburao Mhaske And ORS

by HEMANT CHANDERSEN SHIV Date:

2022.01.25 17:20:54 +0530 916-ASIA-303-2022.DOC HEMANT CHANDERSEN SHIV hcs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.303 OF 2022 IN WRIT PETITION NO. 4819 OF 2021 Manoj Uttam Lihinar ...Applicant In the matter between Annasaheb Baburao Mhaske & Ors.

... Petitioners

Versus

The Slum Rehabilitation Authority & Ors.

...Respondents

Mr Pradeep Thorat, i/b Aditi Naikare for the Applicant. Mr R P Kadam, AGP for the Respondent-State.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

24th January 2022 PC:- 1.

The Interim Application may be unnecessary, for the simple reason that if the Applicant has been found to be eligible, then he will undoubtedly be treated on the same basis as all other eligible occupants, whether they are Petitioners before us or not. No eligible occupant is entitled to preferential treatment or additional benefits. Equally, no eligible occupant can be denied the benefits that are common to all, including transit rent or accommodation, a permanent alternate accommodation agreement and the allotment 24th January 2022

916-ASIA-303-2022.DOC of a permanent alternate rehab unit on ownership basis. Every eligible occupant does not need a separate order in his favour. 2.

In this view of the matter, and after some arguments, Mr Thorat seeks leave to withdraw the Interim Application. It is dismissed as unconditionally withdrawn. However, the Applicant is at liberty to file independent appropriate proceedings including a separate Writ Petition, if so advised and if necessary despite the foregoing observations.

3.

of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J) 24th January 2022