Manisha Shrikant Thakur v. The Addl. Collector @ Appellate Authority Mmrda, Mumbai And ORS.

3-WP-1673-2018 mujahed

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1673 OF 2018 Manisha Shrikant Thakur

...Petitioner

V/s.

The Addl. Collector @ Appellate Authority MMRDA & Ors

...Respondents

Mr. Prashant D. Patel for the Petitioner.

Mr. S.D. Rayrikar, AGP for State-Respondent Nos. 1 & 3. Mr. Ajay Khaire for Respondent Nos.1 & 3.

CORAM : R.D. DHANUKA, J.

DATE : 16TH FEBRUARY, 2018.

P.C. :- 1.

The learned counsel appearing for respondent nos.1 and 3 invited my attention to the averments made by the petitioner in paragraph 6 of the writ petition and would submit that though an appeal is provided against the impugned order dated 19th December, 2017 before the Grievance Redressal Committee under the provisions of Section 3Z(2) of Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, 1971, the petitioner has not filed such appeal.

2.

The grievance of the petitioner on the other hand is that the 1/2

3-WP-1673-2018 appellate authority is not taking the said appeal on record though had tendered by the petitioner. The petitioner is at liberty to file an appeal under Section 3Z(2) of Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, 1971 before the Grievance Redressal Committee within one week from today. The Grievance Redressal Committee shall consider such appeal on its own merits and shall pass an order within four weeks from the date of petitioner filing the said appeal. Respondent Nos. 1 and 3 shall not take any coercive steps against the petitioner in respect of the order dated 19th December, 2017 till the disposal of the said appeal and for a period of two weeks thereafter.

3.

Writ petition is disposed of in the aforesaid terms. It is made clear that if the appeal is not filed within one week before the appellate authority as stated aforesaid, respondent nos.1 and 3 shall implement the impugned order.

(R.D. DHANUKA, J.) 2/2