Shri Kisan Maruti Gajmal And ORS v. The Competent Authority And Municipal Commissioner, Pune Municipal Corporation And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2864 OF 2017 Kisan Maruti Gajmal, since deceased through his legal representative Vandana Tukaram Vanage & Ors.

..Petitioners Vs The Competent Authority and Municipal Commissioner, Pune Municipal Corporation & Ors.

..Respondents Mr. Tejas Deshmukh for Petitioners.

Mr. Sagar A. Rane for Respondent No. 1.

Mr. Sandeep Babar - AGP for State - Respondent Nos. 2, 3 and 4. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 12, 2017 P.C. :

Seeking termination of mandate issued by the respondent no. 5 in the year 1992 and challenging the order dated 15th February 2007 passed by the Maharashtra Slum Areas (I.C. & R) Tribunal, Mumbai in Appeal no. 25 of 2003, the petitioner has approached this Court in this petition under Article 226 of the Constitution of India on 5th October 2017.

2] We find that there is inordinate delay and latches on the part of 1/2

skc 2 506-WP-2864-17.sxw the petitioner in approaching the Court for redressal of his grievance. The explanation offered by the petitioners in paragraph 14 of the writ petition also cannot be accepted. The petitioners have merely stated that the petitioners were under bonafide impression that the 5th respondent will get the order dated 15th February 2007 modified so as to enhance the entitlement of the petitioners. The said bald statement in the petition unsupported by any material cannot be accepted for condoning such a huge delay and latches on the part of the petitioners to seek termination of the mandate of the year 1992 and to seek quashment of the order passed in the year 2007. 3] Thus on the ground of delay and laches, the petition deserves to be and is hereby dismissed.

(M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Chandka 2/2