Sayyed Ahmed Shah And ORS v. Grievance Redressal Committee, Mumbai Suburban , Mumbai And ORS

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12157 OF 2018 Sayyed Ahmed Shah & ors.

.Petitioners Vs.

The Grievance Redressal Committee, .Respondents Mumbai Suburban, Mumbai & ors.

Mr. T. Kochale, Advocate, for the Petitioners Mr. S. D. Rayarikar, AGP, for the Respondent - State Ms V. Maindad, Advocate, for the SRA Mr. Y. D. Bandal a/w Mr. P. A. Nakhati, Advocate, for the Respondent No. 4

CORAM

:

REVATI MOHITE DERE, J.

DATE :

30.10.2018 P.C.

.

Heard learned counsel for the parties.

2.

Learned counsel for the Petitioners submits that the Petitioner Nos. 1, 3 & 4's eligibility Applications are pending before the learned Additional Collector and that the same have not been decided till date. He submits that as far as the Petitioner Nos. 2 & 5 are concerned, they are declared to be eligible subsequently, by the Deputy Collector, however, the Petitioner

Nos. 1, 3 & 4's eligibility Applications are still pending before the Deputy Collector. Learned counsel for the Respondent No. 4 - M/s. Rockline Properties and Developers Pvt. Ltd. has tendered an Affidavit-in-reply of the Director of Respondent No. 4 - Mr. Surendrakumar Laxmandas Raval. The Respondent No. 4 has undertaken to give an alternate accommodation to the Petitioner Nos. 2 & 5, since they are declared to be eligible and has undertaken to give an alternate accommodation to the Petitioner Nos. 1, 3 & 4, if they are found to be eligible by the Competent Authority / Court. Statement accepted.

3.

In view of the statement and the Affidavit-in-reply filed by the Respondent No. 4, the following order is passed :- O R D E R (i) As far as the Petitioner Nos. 2 & 5 are concerned, since they are declared to be eligible, the Respondent No. 4 shall forthwith enter into an alternate accommodation Agreement with the said Petitioner Nos. 2 & 5 within one week from the date of receipt of this order;

(ii) As far as the Petitioner Nos. 1, 3 & 4 are concerned,

if the said Petitioners are declared to be eligible by the Competent Authority / Court, the Respondent No. 4 shall abide by their statement and will give an alternate accommodation even to the Petitioner Nos. 1, 3 & 4;

(iii) Since the examinations of the children of the Petitioners are going on, the premises of the Petitioner shall not be demolished for a period of two weeks from today; (iv) All contentions of all parties with respect to the eligibility of the Petitioner Nos. 1, 3 & 4 are kept open before the Competent Authority / Court;

(v) It is made clear, that before the demolition is carried out, the Deputy Collector shall videograph the premises and carry out a panchanama after giving notice to the Petitioners of the same. After the panchanama is drawn and videography is done, the premises can be demolished in the presence of the Petitioners; (vi) Since the eligibility Applications of the Petitioner Nos. 1, 3 & 4 are pending before the Deputy Collector, the Deputy Collector shall decide the said Applications of the Petitioner Nos. 1, 3 & 4 as expeditiously as possible and in any event within six weeks from the date of receipt of this order.

4.

The Petition is disposed off on the aforesaid terms. All concerned to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)