Arulappa Rayappa And ORS v. Apex Girevance Redressal Committee And ORS

Digitally signed by MEERA MAHESH JADHAV Date:

2023.03.18 11:44:48 +0530 1/3 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3484 OF 2023 Arulappa Rayappa & Ors.

....Petitioners V/s.

Apex Grievance Redressal Committee & Ors

...Respondents

---- Mr. Angad Giri a/w Mr. Sagar Batavia for Petitioner. Mr. A. I. Patel Addl GP a/w Ms K. N. Solunke AGP for State. Ms Geeta R. Shastri a/w Mr. Amit Shastri for Respondent No.2/SRA. Mr. Abhijit Kulkarni for Respondent No.1.

Mr. Rakesh B Patel for Respondent No.4.

---- CORAM : K.RSHRIRAM & RAJESH S. PATIL JJ DATED : 17th MARCH 2023 P.C. :

Since the regular court was not available, the matter was circulated for urgent orders.

Mr. Rakesh Patel undertakes to file vakalatnama on behalf of respondent no.4 by 21st March 2023. Undertaking accepted. Mr. Rakesh Patel states out of 10 petitioners, his instructions are 5 of them have been paid alternate accommodation rent. Mr. Giri states that only three have been paid, which includes petitioner nos.1, 4 and 7 and in the case of petitioner no.1, it has been paid at lesser rate than what is required to be paid. Mr. Giri states that developer-respondent no.4 is also not entering into Permanent Alternate Accommodation Agreement (PAAA)

2/3 and Transit Rent Agreement. Mr. Rakesh Patel states that by 31st March 2023, these agreements will be entered into with each of petitioners. Statement accepted as an undertaking to this court by respondent no.4 and its directors. Mr. Giri states petitioners will co-operate and if Mr. Rakesh Patel informs him atleast four working days in advance, he will ensure that each petitioner will attend the office of respondent no.4 so that the agreements could be executed. Mr. Rakesh Patel also undertakes on behalf of respondent no.4 that every penny payable to each petitioner will be paid to them at the time of signing of the agreements on or before 31st March 2023. Statement accepted as undertaking to this court by respondent no.4 and its directors.

Ms Shastri states that respondent no.2 had issued the impugned letter dated 10th March 2023 on the application of respondent no.4 by which petitioners were directed to vacate within 48 hours of receiving letter. Mr. Rakesh Patel states that until the agreements are entered into and all the amounts payable are paid to petitioners, respondent no.4 will not insist on petitioners vacating their slums. In view of the statement made by Mr. Rakesh Patel, respondent no.2 not to take any coercive steps against petitioners.

Mr. Kulkarni states that respondent no.1 will hear petitioners appeal as early as possible. Mr. Kulkarni states that AGRC (respondent no.1) sits twice a month every alternate Friday. If on 31st March 2023, AGRC does not sit, then AGRC shall sit and dispose petitioners' appeal on 21st April 2023.

3/3 In view of this order, Mr. Giri states petition may be disposed. Petition disposed.

(RAJESH S PATIL, J.) (K.R. SHRIRAM, J.)