Mrs. Nirupaben Nalinbhai Patel v. The State Of Maharashtra And ORS

Tikam 1/2 16- WP 3804 of 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

VAISHALI ANIL TIKAM CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3804 OF 2022 Mrs.Nirupaben Nalinbhai Patel

...Petitioner

Vs.

The State of Maharashtra and Ors.

...Respondents

* * * * by VAISHALI ANIL TIKAM Date: 2022.09.15 14:27:02 +0530 Mr. Amardeep Pal for Petitioner Mrs. Madhubala Kajle, 'B' Panel for Respondent Nos. 1 to 4.

Coram : Sandeep K. Shinde, J.

Dated: 14th September, 2022.

P.C. :

1.

Petitioner is the wife of Nalinbhai Patel. She, alleged that her husband deserted her and thus she is living separately. Her case is that husband was held eligible for cost free residential accommodation, in the Slum Rehabilitation Scheme, known as 'Vighnar SRA Cooperative Housing Society' implemented on CTS No. 255, Vighnar Society SRA Project, Vikhroli (E), Mumbai 400 083 but she has been excluded from the Scheme. As such she claimed allotment of another cost free accommodation. Petitioner's claim for independent residential rehabilitation

Tikam 2/2 16- WP 3804 of 2022 accommodation, has been rejected Additional Collector (E & R) in Appeal under Section 35(1A) of the Maharashtra Slums Act, 1971. The Grievance Redressal Committee vide order dated 5th December, 2019 upheld the order of Additional Collector. The correctness of that order is questioned in this petition. Be it noted that the provisions of clause (III) of Appendix-IV of D.C.R. 33(10) declares, husband and wife as 'one family', entitled to one residential eligibility. Thus, once Petitioner's husband has been held eligible, and allotted, accommodation, she cannot claim eligibility in any Scheme under the Act. In that view of the matter, petition deserves no consideration. Petition is dismissed.

(Sandeep K. Shinde, J.)