Mrs. Sayyed Naseen Liyaqatai And ORS v. State Of Maharashtra, Through Secretary, Housing And Special Assistance Dept And ORS

20-wp-3387-2016.odt rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3387 OF 2016 Mrs. Sayyed Naseen Liyaqatai and Ors.

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Petitioners vs.

State of Maharashtra and Ors.

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Respondents Mr. Vivek V. Salunke for the Petitioner.

Mrs. M. S. Srivastava, AGP for the State.

CORAM : A.A.SAYED & A.K. MENON, JJ.

DATE : 4th DECEMBER, 2018 P.C. :

1.

The prayers in the petition are as follows :

(a) By appropriate Writ, order or direction this Hon'ble Court be pleased to appoint High Level Enquiry Committee under the Chairmanship of the retired High Court Judge of this Hon'ble Court for making enquiry of irregularity and illegality committed by the Respondent No. 5 in fraudulently implementing the Slum Rehabilitation Scheme namely Garib Nawaz Co-operating Housing Society 24/C S. V. Road, Andheri (West), Mumbai in collusion with the Respondent Nos. 1, 3 and 4 and this Hon'ble Court be pleased to further direct the Committee to place its report before this Hon'ble Court for further appropriate directions. (b) Further this Hon'ble Court be pleased direct the Respondent Nos. 1, 3, 4 and 5 to hand over vacant and peaceful possession of the 40% constructed area admeasuring i.e. 14,382 sq.ft.

Immediately to the Petitioners pursuant to the Agreement dated 5th March, 2003 executed between the Petitioners and the Respondent No. 5 and further direct the Respondent No. 5 to pay Rs. 1200/- per month as transit rent along with interest @ 18.p.a. to each Petitioners for the period from the date of taking possession to till the date of handing over the peaceful and vacant physical possession of the tenements / constructed area i.e. 14,382 sq.ft to the Petitioners, pursuant to the Agreement dated 5th March, 2003 executed between the Petitioners and the Respondent No.

20-wp-3387-2016.odt 2.

Inasmuch as the petitioners have a remedy to approach the Grievance Redressal Committee (GRC) under the Slum Act, we are not inclined to entertain this Petition. Moreover we are informed that the petitioners had lodged a complaint against respondent no. 5 and chargesheet has been filed in the criminal proceedings. The petition is dismissed. The petitioner would be at liberty to approach the GRC, if so advised.

(A.K. MENON,J.) (A. A. SAYED, J.) 2/2