Jannhit Kalyankari Society Thru President Maksood Abdul Sattar Pare v. Panvel Municipal Corporation Thru Its Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7642 OF 2023 Jannhit Kalyankari Society ...

Petitioner V/s.

Panvel Municipal Corporation and Ors. ...

Respondent ------------------- Mr. Mandar Limaye a/w. Mr. Shavez Mukri with MR. Girish Paryani i/by A and G Legal Associates LLP for Petitioner. Mr. Vijay Thorat I.by Mr. Rajesh Tekale a/w. Mr. Amruta Wanve for respondent nos. 1 and 2-Corporation.

Mr. S.L. Babar-AGP for respondent no.3-State. --------------------- CORAM : SUNIL B. SHUKRE & RAJESH S. PATIL, J.J.

DATE : 26th JUNE 2023.

P.C. :

.

Not on board. Taken on board. Upon mentioning, taken on production board.

.

After hearing this matter for sometime, learned counsel for the petitioner-society has upon instructions, sought leave of the Court to withdraw the petition with liberty to make a representation to the Commissioner, Panvel Municipal Corporation seeking a declaration of some of its members are eligible for getting the house under the 'Pradhan Mantri Awas Yojana'. Leave to make such a representation within a period of two weeks is granted to the petitioner-society. We direct that if any such representation is received by the Commissioner, 506-wp-7642-2023.doc varsha

Panvel Municipal Corporation, the same shall be decided by him after granting due opportunity of hearing to the representatives of the petitioner-society, in accordance with law and the provisions made in the scheme as early as possible and preferably within four weeks from the date of the receipt of the representation. The petition is disposed of accordingly.

2.

Meanwhile, no coercive steps shall be taken against the slum dwellers who have received notices under the 'Pradhan Mantri Awas Yojana' till 30th September 2023, subject to the condition that all these notices shall submit individually an undertaking that each of them would vacate the slums on or before 30th September 2023, within two weeks from the date of the order. If no such undertakings are submitted within two weeks from the date of order, the interim relief granted hereby shall stand vacated automatically and without any reference to this Court.

(RAJESH S. PATIL, J) (SUNIL B. SHUKRE, J) 506-wp-7642-2023.doc varsha