Aakash Ishwarlal Dhing And 10 ORS. v. The State Of Maharashtra Through Government Pleader And 3 ORS.

suresh 913-WPL-746.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION {L} NO.746 OF 2019 Aakash Ishwarlal Dhing & Others .... Petitioners Vs.

The State of Maharashtra & Others .... Respondents Mr. Akhilesh Upadhyay for the Petitioners.

Ms Jyoti Chavan, AGP, for the Respondent-State. Mr. Rajesh Patil with Ms Vandana Mahadik for Respondent Nos.2 & 3.

Mr. A.Y. Sakhare, Senior Advocate, with Ms Jyoti S. Agrawal & Mr. Manish Singh i/by Mr. Sanjeev R. Singh for Respondent No.4.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : APRIL 24, 2019 P.C:

1.

Having heard both sides, we find that the petitioners have refused the offer of the Municipal Corporation as the alternate sites are not suitable for their business and commercial activities.

2.

However, the petitioners' Advocate says that the

suresh 913-WPL-746.2019.doc petitioners have made a representation pointing out the other premises in possession of the Municipal Corporation or belonging to it which can be considered for allotment to the petitioners. These are within the vicinity of the demolished premises or located at a distance of 1-2 km. away from the same.

3.

In the event such a representation is pending before the Municipal authorities, let a decision be taken thereon as expeditiously as possible and in any event within a period of two

(2) months from today.

4.

The writ petition is disposed of with the above directions.

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)