S D Corporation Private Limited v. The State Of Maharashtra

22-OSWP-425-2023.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 425 OF 2023 SD Corporation Pvt Ltd

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr Pramod N Patil, with Shyamsunder Solanke, i/b PNP & Asso, for the Petitioner.

Mr LT Satelkar, for Respondent No.1 Mr Jagdish G Aradwad (Reddy), for Respondents Nos. 2 to 5 (SRA). Mr Sagar Patil, for MCGM.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

27th February 2023 PC:- 1.

Mr Reddy makes a statement on Affidavit that the evacuation ARUN RAMCHNDRA SANKPAL of eligible persons and subsequent demolition is scheduled for tomorrow, 28th February 2023. Necessary police protection will be by ARUN RAMCHNDRA SANKPAL Date: 2023.02.28 10:06:37 +0530 provided. We note the statement.

2.

We are not inclined to grant the Petitioner, the developer, the kind of blanket orders that are sought. It appears to us prima facie that any such generic order is likely to be potentially misused. There is nothing shown to us to indicate that this evacuation has been 27th February 2023

22-OSWP-425-2023.DOC unduly delayed. These matters do take time. It is a question of displacement of human beings from the only shelter they have known. There are questions of eligibility to be decided. None of this is ever easy. Allegations are made in the Petition against the 6th Respondent, a member of the Maharashtra Legislative Assembly. But the fact that slums are vote banks is surely not new and it is not certainly new to this particular developer, the Petitioner. 3.

If there is any specific resistance to the scheduled evacuation and eviction of ineligible persons, we grant liberty to the Petitioners to file afresh naming the individuals involved. In any Petition is filed by an individual being evacuated or evicted and who seeks relief, we expect that the present Petitioner will be made a party-Respondent. 4.

No further orders are required.

5.

The Petition is disposed of in these terms. No costs. (Neela Gokhale, J) (G. S. Patel, J) 27th February 2023