Prakash Umaji Dalvi (Eligible) And ORS v. The Slum Rehabilitation Authority Thr. Chief Executive Officer And ORS

Pallavi 30-wp-8713-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8713 OF 2022 Prakash Umaji Dalvi (Eligible) & Ors.

... Petitioners V/s.

The Slum Rehabilitation Authority Through Chief Executive Officer and Ors.

... Respondents ------------------- Mrs. Archana Gaikwad, Advocate for the Petitioners. Mr. Zyan Mukhi i/b Mr. Shreenath Trivedi, for the State. --------------------- CORAM :S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :25th JULY 2022 P.C. :

1.

The Petitioners are challenging the order dated 29th June 2022 passed by the Tahsildar, Slum Rehabilitation Authority. 2.

We have heard the learned counsel for the Petitioners and the learned Advocate for the Respondent No.3. 3.

It is submitted that the other similarly situated Petitioners have also filed Writ Petition No.3334 of 2022 and is disposed of under order dated 24th March 2022.

4.

In the present matter, the Authority where the proceedings by PALLAVI MAHENDRA WARGAONKAR Date:

2022.07.26 11:32:57 +0530 PALLAVI MAHENDRA WARGAONKAR for eligibility of the Petitioners is pending shall decide it on its own merits preferably within six months. The Petitioners shall vacate the

Pallavi 30-wp-8713-2022.doc premises and upon the Petitioners vacating the premises, the Respondent No.3 shall pay rent to the Petitioners as is paid to the other similar dwellers under the same scheme.

5.

Respondent No.3 shall deposit the rent amount for a period of six months in this Court.

6.

Upon the Petitioners vacating the premises, the Petitioners would be entitled to withdraw the said amount. Further steps be undertaken pursuant to the decision of the Competent Authority upon eligibility of the Petitioners. As far as the quantum of the rent is concerned, the parties may agitate it before appropriate forum. 7.

Writ Petition is disposed of. No costs.

(MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J)