Mr. Abdul Rashid Hamid Khan v. Additional Collector And Competent Authority, Mumbai City And ORS.

505-wpst4021-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.4021 OF 2018 Abdul Rashid Hamid Khan

...Petitioner

V/s.

Additional Collector & Competent Authority, Mumbai City & Ors.

...Respondents

Mr.Shishir Joshi with Ms.Bhakti Jogal for the Petitioner. Ms.Oorja Dhond for the B.M.C. - Respondent.

Mrs.Kavita N. Solunke, A.G.P. for the State - Respondent. CORAM : R.D. DHANUKA, J.

DATE : 26TH FEBRUARY, 2018.

P.C. :- 1.

Mr.Joshi, on instructions states that his client will file an appeal under section 35(1-A) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 within two weeks from today and seeks liberty to withdraw this writ petition. The statement is accepted.

2.

The petitioner may file an appeal under the aforesaid provisions before the Appellate Authority within two weeks from today and shall serve upon all the contesting respondents. The Appellate Authority shall also consider and decide the applications referred in 1/2

505-wpst4021-18 prayer clause (b) of the writ petition while considering the appeal as may be filed by the petitioner.

3.

The Appellate Authority shall decide the appeal expeditiously and not later than six months from the date of filing of the appeal. Till such appeal is decided by the Appellate Authority and if any adverse order is passed against the petitioner by the Appellate Authority, the order that may be passed by the Appellate Authority shall not be implemented for a period of two weeks from the date of communication of the order to the petitioner. If appeal is not filed within two weeks from today, the interim protection granted by this Court to stand vacated without further reference to the Court. 4.

The writ petition is dismissed as withdrawn with liberty to file an appeal with the aforesaid directions. No order as to costs. (R.D. DHANUKA, J.) 2/2