Paraplegic Foundation And ANR v. The State Of Maharashtra, Through Additional Chief Secretary, Health Dept And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1290 OF 2014 Paraplegic Foundation and Anr.

...Petitioners

vs.

The State of Maharashtra & Ors.

...Respondents

Mr.Rajesh P. Behere and Mr.Rahul Singh for the Petitioners Mr.Manish Pabale, AGP for the respondent No.1 Mr.S.S.Pakale a/w Mr.Pradeep H. Patil for respondent Nos.2 and 3.

CORAM : A.S.OKA, & SMT.VIBHA KANKANWADI, JJ.

DATE : JULY 13, 2017 P.C.:

Heard the learned counsel for the petitioners and the learned counsel for the second and third respondents.

It is not in dispute that the first petitioner is in possession of the premises subject matter of this petition. As it appears from the name, the first petitioner is working for the benefit of the persons with disabilities. Merely by stating that the possession of the petitioners is unauthorised, the petitioners cannot be evicted, unless due process of law in accordance with section 105-B of the Mumbai Municipal Corporation Act,1888 is followed.

wp1290 Therefore, we need not keep the petition pending and we dispose of the same by passing the following order:

(I) We restrain the second and third respondents from evicting the petitioners only on the basis of the notice dated 6th January 2014;

(II) We make it clear that the petitioners cannot be evicted without following due process of law in accordance with section 105-B of the said Act of 1888. Needless to add that the Petitioner will have to be heard in the matter; (III) Writ petition is disposed of on above terms;

(IV) All contentions on merits are kept open.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)