Smt. Prema Vishwanath Garje v. State Of Maharashtra And ANR.

4. wp 4719.10.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4719 OF 2018 Smt. Prema Vishwanath Garje ....Petitioner Vs.

State of Maharashtra and anr.

..... Respondents Mr.Maheshwar A.Parab i/b Mr.Pravartak Pathak, for the Petitioner. Mrs.V.S.Nimbalkar, AGP for the Respondent - State. CORAM :

M. S. KARNIK, J.

DATE :

19th MARCH, 2021 P.C. :

.

Heard learned Counsel for the Petitioner. The Petitioner - the slum dweller by this Petition is challenging the order dated 31/03/2017 passed by the Additional Collector rejecting the Appeal fled by the Petitioner on the ground that the Petitioner could not produce any document prior to 01/01/2011 which was the datum line to establish the non-residential use. 2.

Learned Counsel for the Petitioner invited my attention to the policy dated 06/02/2018 as per which according to him the Petitioner is entitled to be considered as eligible under 1/2

4. wp 4719.10.doc the scheme. He submits that the Petitioner has documents to show that prior to 01/01/2011, the structure was in existence. He therefore seeks liberty to fle application before the Competent Authority - Respondent No.2 under the Slum Rehabilitation Act, 1955. Liberty is granted to the Petitioner to fle application in terms of G.R. dated 16/05/2018. If the application is fled, the same shall be considered on its own merits in accordance with the terms of the policy.

3.

In view of above, Writ Petition is disposed of. (M.S.KARNIK, J.) Digitally signed by Urmila P.

Ingle Date:

2021.03.19 20:02:10 +0530 Urmila P.

Ingle 2/2