Nanda Bhausaheb Tambe And ORS. v. Kalyan Dombivli Municipal Corporation , Through Its Commissioner And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7018 OF 2017 Nanda Bhausaheb Tambe & Ors.

...Petitioners

Versus

Kalyan Dombivli Municipal Corporation & Ors.

...Respondents

---------- Mr. Bhavesh Parmar, i/b Mr. Devmani J. Shukla, for the Petitioners.

Mr. Kirit Hakani, a/w Ms. Niyati Hakani, for the Respondent No.2.

---------- CORAM :

B.R. GAVAI AND RIYAZ I. CHAGLA, JJ.

DATE : 1 July 2017 ORDER :

1.

The Petitioners have approached this Court praying for a direction to the Respondents No. 1 and 2 to fix the time 1/3

schedule for construction of Otas for rehabilitation of the traders dealing in fruits and vegetables.

2.

From the Affidavit in Reply, it would reveal that only in the month of May i.e. on 11 May 2017, the meeting was held between the office bearers of Respondents No. 1 and 2 and the representatives of the traders including the Petitioners. Various modalities for redevelopment including providing alternate accommodation are provided in the minutes. Some role has also been assigned to the Director of Marketing.

3.

It is hardly a period of two months, which has passed from holding of the said meeting. In the Affidavit in Reply filed on behalf of the Respondent No. 1, it is categorically stated that the process of construction of the transit accommodation is completed and 60 percent of people have already shifted in the transit accommodation. 4.

We do not understand the hurry of approaching this 2/3

Court without awaiting for the further progress in furtherance of the meeting in which the Petitioners themselves were present. The Petition is devoid of substance and as such, the Writ Petition is rejected.

[RIYAZ I. CHAGLA J.] [B.R. GAVAI, J.] 3/3