Ashok Parshuram Sawant v. The Municipal Corporation Of Greater Mumbai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 2292 OF 2017 Rajan Balkrishna Date The Municipal Corporation Of Greater Mumbai APPEAL FROM ORDER STAMP NO. 2295 OF 2017 Santosh Dagdu Sakare APPEAL FROM ORDER STAMP NO. 2297 OF 2017 Shobha Raghunath Joshi APPEAL FROM ORDER STAMP NO. 2299 OF 2017 Ganpat Janu Kamble APPEAL FROM ORDER STAMP NO. 2303 OF 2017 Ashok Parshuram Sawant V/s.
APPEAL FROM ORDER STAMP NO. 2306 OF 2017 Gressy Gangadhar Poojari APPEAL FROM ORDER STAMP NO. 2362 OF 2017 Ishawar Madhubai Barot APPEAL FROM ORDER STAMP NO. 2366 OF 2017 Anil Sripati Yadav APPEAL FROM ORDER STAMP NO. 2369 OF 2017 Prabhakar Gopal Patre APPEAL FROM ORDER STAMP NO. 2372 OF 2017 Kishor Vijay Singh
APPEAL FROM ORDER STAMP NO. 2375 OF 2017 Mahadev Vitthal Avsare Mr. Vikhil Dhoke I/b M/s. G.M.Legal for appellants Mr. Pradeep Thorat with Mrs.Madhuri More for MCGM Mr. Prasad Bhagat, Sub-Engineer Maintainance Deptt. Present.
CORAM
:
SANDEEP K. SHINDE, J DATE :
14th February 2019 P.C. :
Heard learned Counsel for the parties. The appellants - original plaintiffs, are project affected persons, to whom the respondent had allotted alternate residential accommodation at Dahisar. These letters of allotment were challenged by the appellants by filing the suit being L.C.Suit No.573 of 2016. In this suit a notice of motion was taken out whereby the appellants sought relief to injunct the Corporation from demolishing their existing structure/ houses. The learned trial Judge declined the said relief vide order dated 6th January 2017, against which these appeals are
preferred.
2] I have perused the additional affidavit filed by the Corporation dated 9th June 2017 wherein it is stated that alternate accommodations are allotted to the appellants, the details of which are stated in para 1 of the said affidavit.
3] Learned Counsel for the appellants makes a statement on instructions that all the appellants except the appellant in A.O.st.NO.2299 OF 2017 (Ganpat Janu Kambale - appellant) and A.O.st.NO.2303 OF 2017 (Ashok Sawant - appellant), all rest will vacate their existing premises and shift to alternate premises allotted to them by the Corporation on or before 8th March 2019. So far as appellants in the above appeals are concerned, they shall hand over the vacant and peaceful possession of their existing premises to the Corporation on or before 15th April 2019 and at any cost take possession of the newly allotted premises on or before 15th April 2019. Statement of these appellants is accepted. The appellants are directed to file an undertaking to this effect in the Registry within one week from today stating clearly that they will vacate the existing
premises on or before 15th April 2019 and occupy the alternate premises allotted to them by that date.
4] It is submitted by the learned Counsel for the Corporation that lifts erected in the building where the alternate premises are located are fully functional.
5] It is clarified that statutory outgoings and electricity charges shall be paid by the appellants accrued on and from the date on which they take possession of allotted alternate accommodation.
6] With the aforesaid directions, all the appeals from order are disposed of. The civil applications in respective appeals are also disposed of in view of disposal of the main appeals. (SANDEEP K. SHINDE, J)