Mr. Manoj Jivan Khuman v. The Municipal Corporation Of Greater Mumbai

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER ST. NO. 16504 OF 2019 WITH CIVIL APPLICATION ST. NO. 16505 O 2019 IN APPEAL FROM ORDER ST. NO. 16504 OF 2019 Manoj Jivan Khuman ..Appellant vs.

The Municipal Corporation of Greater Mumbai & ors.

..Respondents WITH APPEAL FROM ORDER ST. NO. 16508 OF 2019 WITH CIVIL APPLICATION ST. NO. 16510 OF 2019 IN APPEAL FROM ORDER ST. NO. 16508 OF 2019 Dipak Laxman Mahida & Deepak Lashman Mahinda ..Appellant vs.

The Municipal Corporation of Greater Mumbai & ors.

..Respondents.

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WITH APPEAL FROM ORDER ST. NO. 16515 OF 2019 WITH CIVIL APPLICATION ST. NO. 16517 OF 2019 IN APPEAL FROM ORDER ST. NO. 16515 OF 2019 Poonaben Hamir Vinjuda through POA Mr. Hamir Kalidas Vinjuda ..Appellant vs.

The Municipal Corporation of Greater Mumbai & ors.

..Respondents.

WITH APPEAL FROM ORDER ST. NO. 16522 OF 2019 WITH CIVIL APPLICATION ST. NO. 16523 OF 2019 IN APPEAL FROM ORDER ST. NO. 16522 OF 2019 Premabai Amarbhai Heliya through POA Mr. Paresh A. Heliya ..Appellant vs.

The Municipal Corporation of Greater Mumbai & ors.

..Respondents.

....

Ms. Babita P. Pandey I/b. Dr. Suresh Mane for appellants. Mr. J.F. Reis, Senior Counsel I/b. Mrs. Madhuri More for respondent No.1 - MCGM.

Mr. Anil Mishra for respondent No.2.

Mr. Ashish Kamat I/b. Mr. Abhijit Singh for respondent No.3. ....

CORAM : M.S.KARNIK, J.

DATE : 8th JULY, 2019 2/5

P.C. :

All appeals are connected involving similar issues. 2.

The matter was heard for sometime on the last occasion. The corporation was permitted to file an affidavit bringing on record the policy of rehabilitation and resettlement. Accordingly, an affidavit has been filed on behalf of the Municipal Corporation by Shri Pravin Vishnu Thorat working as an Assistant Engineer, Building Proposal, bringing on record the policy as regards the rehabilitation and resettlement. 3.

The appellants are present in the Court. In view of what is stated in affidavit-in-reply, learned counsel for the appellants seeks leave to withdraw the Appeal from orders. 4.

Learned counsel for the appellants, however, makes a request that they may be granted a reasonable time to vacate the premises. She submits that the appellants are willing to file undertaking that they will vacate the premises on their own within reasonable time.

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5.

In this view of the matter, the appellants to file an undertaking to this Court within one week from today that they will vacate the premises within a period of 3 weeks from today. No further action to be taken for a period of 3 weeks. 6.

Shri Kamat, learned counsel appearing on behalf of respondent No.3 submits that in view of the ensuing rainy season, even respondent No.3 would provide all necessary assistance to the appellants to vacate and shift from the premises to alternate accommodations including help for transport, etc. if a request is made by the appellants to respondent No.3 the expenses of which the respondent No.3 is ready to bear.

7.

As nothing survives for consideration in the suits from which these Appeals arise, learned counsel for appellants, on instructions, submits that necessary applications will be moved before the trial Court to withdraw the suits within a period of 1 week from today.

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8.

Learned counsel for the appellants, however, submits that in so far as Long Cause Suit No. 1097 of 2019 is concerned, there are some disputes between the plaintiff and his wife and submits that the possession of alternate accommodation should not be handed over to the plaintiff's wife by the corporation. Learned counsel for respondent No.2 states that the possession is already taken jointly by the plaintiff and his wife. There appears to be some dispute on this. However, this issue is kept open. It is open for the plaintiff in Long Cause Suit No. 1097 of 2019 to institute appropriate proceedings to redress his grievance.

9.

The Appeal from orders are disposed of in the above terms.

10.

In view of the disposal of the Appeal from Orders, nothing survive for consideration in the Civil Applications. The Civil Applications are disposed of.

(M.S.KARNIK, J.) 5/5