Lions Club Of Silvasa Charitable Trust Through It'S Treasurer v. The Union Territory Of Dadra And Nagar Haveli, Through Administrator And ORS

k 1/2 13 wp 6676.18 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6676 OF 2018 WITH CIVIL APPLICATION NO.1471 OF 2018 IN WRIT PETITION NO.6676 OF 2018 ...

Lions Club of Silvassa Charitable Trust ....Petitioner V/S The Union Territory of Dadra & Nagar Haveli & Ors. ....Respondents ...

Mr. Rajendra V. Pai a/w Mr. Akshay Pai, Ms. Apurva Bhat, Ms. Nikita K. Dharamshi i/b Ms. Neuty N. Thakkar for the Petitioners. Mr. Shrishailya S. Deshmukh for the Respondent Nos.1 to 3. ...

CORAM : A.A. SAYED & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 25 NOVEMBER 2019.

ORDER:

Learned Counsel for the Petitioner-Trust states on instructions that the Petitioner-Trust would be satisfied if the Representations dated 15 November 2017 (Exhibit 'W' to the Petition) and 31 January 2018 (Exhibit 'Z' to the Petition) filed by the Petitioner-Trust is decided by the Respondent No.2-Collector, and until the decision is taken and for a period of 4 weeks thereafter, the demolition of the building in question (wherein several students are stated to be undergoing law courses being run by the Petitioner-Trust) is stayed. It is pointed out that in the SLP filed by the Petitioner-Trust, the Supreme Court granted an order of status-quo on 19 June 2018 in respect of demolition of the building (which was partly demolished) pending the decision in the present Writ Petition. 1/2

k 2/2 13 wp 6676.18 as.doc We find that the request of the learned Counsel for the PetitionerTrust is reasonable. In the facts and circumstances of the case, we dispose of the Petition by passing the following order:

ORDER

i) Respondent-Collector to decide the Representations dated 15 November 2017 (Exhibit 'W' to the Petition) and 31 January 2018 (Exhibit 'Z' to the Petition) of the Petitioner-Trust expeditiously and in any event within three months from the date of communication of this order. The decision shall be communicated to the Petitioner-Trust. ii) Until the decision of the Respondent-Collector and for a period of 4 weeks from the date of communication of the decision to the Petitioner-Trust, the building in question shall not be demolished. iii) We make it clear that we are not gone into the merits of the matter and all the contentions of the parties are kept open. 3.

The Petition to stand disposed of in the aforesaid terms. The Civil Application does not survive and also to stand disposed of. (SMT. ANUJA PRABHUDESSAI, J.) (A.A. SAYED, J.) katkam 2/2