Mr. Shabbir Husain Mansoori v. The State Of Maharashtra And ORS.

Yadav VG 1 904.wp.5672.17.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 5672 OF 2017 WITH WRIT PETITION NO. 5673 OF 2017 Smt. Rehana Melwin D'Souza ..Vs.. The State of Maharashtra & Ors. Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Vishwanath Patil I/by. Yuvraj D. Patil for Petitioner in both Writ Petitions.

Mr. Rajendra Desai, Senior Counsel I/by. Jayesh R. Vyas for Respondent No.4.

Mr. Kunal Bhanage a/w Asha Nair I/by.

Diamondwala & Co. for Respondent No.5.

Ms. Oorja Dhond for Respondent No.3.

Mr. S.D.Rayrikar, AGP for Respondent No.1.

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CORAM

: K. K. TATED, J.

DATE : JULY 05, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

After hearing for some time both the parties tendered Minutes of order dated 5th July, 2017 signed by the respective Advocates. Same reads as under :

"1.

The Orders passed by the Respondent Nos. 2 and 3 dated 19th December, 2016 and 6th May, 2017 respectively are hereby set aside.

Yadav VG 2 904.wp.5672.17.odt. 2.

The Competent Authority shall decide the Application of the Petitioner on its own merits within a period of 12 weeks from today. The Petitioner will be at liberty to place on record all the relevant documents as are sought to be relied upon by him.

3.

The Respondent No.5 shall pay rent of Rs. 15,000/- per month, after deduction of applicable TDS, for a period of (22) months being the compensation in lieu of transit accommodation from the date of handing over of the possession of the structure for demolition. 4.

The Petitioner undertakes to this Hon'ble Court to handover the quiet, vacant and peaceful possession of Annexure/room No.

541 in Saibaba Magar SRA CHS Ltd. Situated at G. B. Sakpal, Dhobighat, Satrasta, Mumbai - 400 011 to Respondent Nos. 4 and 5 on or before 20th July, 2017 for the purposes of demolition thereof and effective implementation of the slum scheme.

5.

The Writ Petition stands disposed of in terms hereof.

6.

There shall be no order as to costs."

3.

Same is taken on record and marked "X" for identification. Same is accepted.

4.

The learned Counsel for Petitioner submit that the Petitioner Mrs. Rehana Melwin D'Souza in Writ Petition No. 5672 of 2017 and Petitioner Shabbir H. Mansoori in Writ Petition No. 5673 of 2017 are present in

Yadav VG 3 904.wp.5672.17.odt. Court. Their undertaking given in para no. 4 is accepted.

5.

Both the Writ Petitions stand disposed of in terms of Minutes of order dated 5th July, 2017.

6.

Parties to act on authenticated copy of this order.

(K.K.TATED, J.)