Pradeep Shankar Joshi v. Slum Rehabilitation Authority And ORS.

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2707 OF 2018 Pradeep Shankar Joshi

...Petitioner

Vs.

Slum Rehabilitation Authority & ors.

...Respondents

....

Mr. C.M. Korde, Senior Advocate a/w. Mr. S.R. Nargolkar i/b. Mr. A.V.Joshi for petitioner.

Mr. C.P. Yadav, AGP for State - respondent No.3. Mr. Deepak R. More for respondent Nos.1 and 2. Ms. Sunitha Perumal i/b. Mr. Sachin V. Masurkar for respondent No.4.

....

CORAM : SHANTANU S. KEMKAR & M.S.KARNIK, JJ.

DATE : 5th APRIL, 2018.

P.C. :

Challenging the notice dated 15th December, 2017 (Exh.J) issued by the 1st respondent the petitioner has filed this petition. It is not in dispute that in pursuance to the said notice the petitioner had appeared before 1st respondent and made his submissions raising objection about the said notice and 1/3

explaining as to how the said notice is illegal and without jurisdiction.

2.

We have been informed that thereafter 2nd respondent - the Chief Executive Officer has forwarded its proposal before 3rd respondent - the Principal Secretary, Housing Department. It has also been informed that as on date 3rd respondent has not taken any decision in the matter.

3.

Keeping in view the aforesaid, we are of the view that the petition deserves to be disposed of with liberty to the petitioner to challenge the decision as may be taken by respondent No.3 - State Government in accordance with law by way of appropriate proceeding and also with liberty to challenge the impugned notice if the occasion arises.

4.

We also observe that the decision, if any, taken by 3rd respondent shall not be given effect for the period of 4 weeks from the date of communication to the petitioner. 5.

All the contentions of the parties are kept open. 2/3

6.

With the aforesaid directions, the petition is disposed of. (M.S.KARNIK, J.) (SHANTANU S. KEMKAR, J.) 3/3