Mukund Keshav Tatkare (Husband Deceased) Mithila Mukund Tatkare And 14 ORS v. The State Of Maharashtra And 5 ORS

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1117 OF 2018 Mukund Keshav Tatkare (Husband-deceased) Mithila Mukund Tatlare (Wife) and ors.

.. Petitioners Vs.

The State of Maharashtra and ors.

.. Respondents Mr.Indu Prakash Tripathi a/w Mr.C.K. Tripathi & Mr.Ishwar Ahuja, for the Petitioners.

Mr.Abhay L. Patki, Addl. G.P. for State - Respondents No. 1 to 3. Mr.S.G.Surana a/w Mr.Madhur Surana, for Respondents No. 4 & 5.

CORAM : SHANTANU.S.KEMKAR & M.S.KARNIK, JJ.

DATE : 06th APRIL, 2018 P.C. :

.

Parties through their Counsel.

2.

It is not in dispute that against the impugned order, the petitioners had already filed an Appeal before the Grievance Redressal Committee by invoking the provisions of section 35A of the Maharashtra Slum (Improvement, Removal and Redevelopment) Act, 1971. However, the grievance of the petitioners is that in the absence of there being any interim order by the said Authority the respondent No.3 may demolish 1/3

the petitioner's structure. The prayer has been made in the Petition to direct the said Authority to decide the petitioner's Appeal as expeditiously as possible and till the petitioner's Appeal is decided, respondent No.3 be directed not to take any coercive steps against the petitioners in pursuance to the impugned order.

3.

Having regard to the aforesaid, without commenting upon the merits of the matter and the merits of the Appeal which is pending before the said Authority, we dispose of this Petition by directing the said Authority to decide the petitioner's Appeal as expeditiously as possible, preferably within 30 days from the date of receipt of copy of this order. The petitioners and contesting respondents to appear before the said Authority on 10/04/2018 at 11.00 a.m. Till the petitioner's appeal is decided no coercive steps be taken against the petitioners in pursuance to the impugned order.

4.

With the aforesaid directions, Writ Petition is disposed of.

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5.

Parties to act upon authenticated copy of this order. (M.S.KARNIK, J.) (SHANTANU.S.KEMKAR, J.) 3/3