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Bombay High CourtWP/784/2018disposed off

Sunderraju Shrirangan v. The Chief Executive Officer Sra And 5 ORS.

2018-03-07Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

909-wpl-183-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.183 OF 2018 Sunderraju Shrirangan

...Petitioner

vs.

The Chief Executive Officer, Slum Rehabilitation Authority and Others

...Respondents

Ms. Shivani Samel a/w. Ms. Ketki Gadkari, for the Petitioner. Mr. V.D. Patil, for Respondent No. 1.

Mr. Sukanta Karmarkar, AGP for the Respondent Nos. 2 and 5. Mr. Karl Thamboli a/w. Ms. Asha Nair i/b. Diamondwala & Co., for Respondent No. 4.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

MARCH 07, 2018 P.C.:

.

Parties through their counsel.

2.

We find that the Petitioner has already approached to the Maharashtra Slum Tribunal for redressal of his grievances. 3.

According to the Petitioner, since the Tribunal was not functional, the prayer for interim relief as to stop Respondent No. 4 from constructing the temple at unauthorized place could not be made. As a result, the Petition has been filed. 4.

On instruction, the learned counsel for the Respondent No. 1 submits that the Maharashtra Slum Tribunal is now Vishal Parekar 1/2

909-wpl-183-2018.doc functional and the Petitioner can now file a fresh Application before the Tribunal.

5.

In the circumstances, we dispose of this Petition with liberty to the Petitioner to file a fresh Application for stay before the Maharashtra Slum Tribunal.

6.

In case such Application for stay is filed by the Petitioner, we expect that the Tribunal shall decide the same as expeditiously as possible, in accordance with law after giving due opportunity of hearing to the learned counsel for the parties. 7.

All contentions in respect of the said Application as may be filed are kept open.

8.

The Petition is disposed of as such.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2