Venna Lake Hawkers Association Through Its Members v. The State Of Maharashtra Through Ministry Of Revenue , Forest And Resettlement And ORS

2024:BHC-AS:1639-DB Sayyed 12-WP-13924-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13924 OF 2023 Venna Lake Hawkers Association Through Its Members & Ors.

..Petitioners Vs.

The State of Maharashtra Through Ministry of Revenue , Forest And Resettlement & Ors.

..Respondents __________ Dr. Abhinav Chandrachud i/by Mr. Siddharth R. Karpe a/w Mr. Pavan Patil and Mr. Ketan Joshi for the Petitioners. Mr. R. P. Kadam, AGP for Respondent Nos.1 to 4 (State). __________ CORAM :

A. S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE :

11th JANUARY 2024 P.C.:

1.

Rule. Rule made returnable forthwith.

2.

Heard the learned counsel for the Petitioners. The learned Assistant Government Pleader waives service of notice on behalf of Respondent Nos.1 to 4. Service on other Respondents is dispensed with considering the nature of directions proposed to be issued. The Petitioners pray for relocation pursuant to their eviction from the vicinity of the Venna Lake, Mahabaleshwar. This relocation is claimed on the basis of the directions issued in Writ Petition No.2754 of 1997 decided on 18th November 1998. Pursuant to their eviction, the Petitioners have

Sayyed 12-WP-13924-2023.doc made representation on 21st September 2023 before the Collector. This representation is stated to be pending.

3.

In the aforesaid facts, the interest of justice would be served by directing the Respondent No.4 - Collector to consider the representation dated 21st September 2023 in accordance with law and take a decision thereon. The Petitioners may nominate two representatives who shall be heard by the Collector in the context of the said representation. In addition, the Collector may seek assistance of any other authority that he deems with fit. The Collector shall take a decision within a period of four weeks of receiving the copy of this order and the same shall be communicated to the parties. 4.

Needles to state that if the Petitioners are not satisfied with the outcome of the said decision they are free to take such further steps as are permissible in accordance with law. Rule is disposed of in aforesaid terms.

(JITENDRA JAIN, J.) (A. S. CHANDURKAR, J.)