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Bombay High CourtWP/695/2018disposed off

Ayeshabano Maqbool Ahmed Ansari v. Municipal Corporation For Gr.Mumbai

2018-02-23Hon'Ble Shri Justice A.S. Oka,Hon'Ble Shri Justice P.N. Deshmukh2 pages

rsk 1/2 42-43-44-212-214-216-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.212 OF 2018 Ayeshabano Maqbool Ahmed Ansari ..Petitioner vs.

Municipal Corporation for Greater Mumbai

...Respondent

WITH WRIT PETITION (L) NO.214 OF 2018 Sardar Inamdar Passa ..Petitioner vs.

Municipal Corporation for Greater Mumbai

...Respondent

WITH WRIT PETITION (L) NO.216 OF 2018 Maqbool Ahmed Ansari ..Petitioner vs.

Municipal Corporation for Greater Mumbai

...Respondent

---- Mr.V.T.Dubey for the Petitioners.

Ms. Shital Mane for the Respondent-BMC.

---- CORAM : A.S. OKA & P. N. DESHMUKH, JJ.

DATE : 23rd FEBRUARY, 2018 P.C.:

.

Heard the learned counsel for the Petitioners and for the Respondent Corporation. It is not in dispute that the appeals preferred by the Petitioners in these three petitions on the issue of eligibility are pending with the Respondent. Unless the said appeals are decided, obviously the Petitioners' structures which are subject matter of these petitions cannot be demolished. Hence, we dispose of the petitions by passing the following order:

ORDER

i) We direct the appropriate authority of the Respondent

rsk 2/2 42-43-44-212-214-216-18.doc Corporation to decide the pending appeals within a period of 3 months from today;

ii) The decision taken on the appeals shall be communicated to the Petitioners. If the Petitioners are held to be eligible for grant of alternate accommodation or for rehabilitation, the specific letter of offer shall be issued to the Petitioners along with a copy of the order passed in the appeals; iii) The structures subject matter of these petitions shall not be demolished for a period of 3 weeks from the date on which the orders passed in Appeals are communicated to the Petitioners; iv) We make it clear that we had made no adjudication on the merits of the pending Appeals. All contentions of the parties are kept open;

v) The petitions are disposed of on the above terms. (P.N. DESHMUKH, J) (A.S. OKA, J.)