Prabhavati Shivram Shetty v. Grievance Redressal Committee Mumbai Suburban, Mumbai And ORS.

911-wpst10275-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.10275 OF 2018 Prabhavati S. Shetty

...Petitioner

V/s.

Grievance Redressal Committee Mumbai Suburban, Mumbai & Ors.

...Respondents

Mr.S.P. Kanuga with Mr.D.S. Sakhalkar i/b Mr.Ajay L. Yadav for the Petitioner.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent No.2. Ms.Oorja Dhond i/b Mr.Jernold J. Xavier for the Respondent Nos.3 and 4.

Mr.Vikas V. Warerkar i/b Warerkar & Warerkar for the Respondent No.6.

CORAM : R.D. DHANUKA, J.

DATE : 4TH MAY, 2018.

P.C. :- 1.

Mr.Kanuga, learned counsel appearing for the petitioner, on instructions, after arguing the mater at great length seeks liberty to withdraw this petition with liberty to make a representation to the Municipal Corporation for allotment of the property in the Municipal market in terms of the order annexed at Exhibit "H", page 48 of the petition. He further undertakes on behalf of his client that his client would vacate the premises occupied by him within four weeks from 1/2

911-wpst10275-18 today, without fail. The undertaking is accepted. 2.

The respondent no.6 is directed to allot an alternate premises to the petitioner in terms of the impugned order within three weeks from today provided the petitioner executes an agreement for permanent alternate accommodation with the respondent no.6. It is made clear that if the possession of the premises in occupation of the petitioner is not handed over to the respondent no.6 within a period of four weeks from today, the Municipal Corporation is directed to demolish the said premises and shall hand over vacant possession to the respondent no.6.

3.

It is made clear that this Court has not expressed any views as to whether the petitioner has any merit in getting an alternate premises in the Municipal market from the Municipal Corporation or not and the said issue kept open. 4.

The writ petition is disposed of in aforesaid terms. 5.

All the parties to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2