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Bombay High CourtWP/1051/2016disposed off

Pragati Cans v. The State Of Maharashtra And 10 ORS

2016-04-20Hon'Ble Shri Justice S.C. Dharmadhikari,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.1069 OF 2016 Pragati Cans, Through its Proprietress Mrs. Falguni Bharat Patel .... Petitioner V/s.

The State of Maharashtra, Through its Chief Secretary, Mantralaya, Mumbai & Ors.

.... Respondents ALONG WITH NOTICE OF MOTION (LODGING) NO.317 OF 2016 IN WRIT PETITION (LODGING) NO.1069 OF 2016 Mrs. Falguni Bharat Patel .... Applicant In the matter between Pragati Cans, Through its Proprietress Mrs. Falguni Bharat Patel .... Petitioner V/s.

The State of Maharashtra, Through its Chief Secretary, Mantralaya, Mumbai & Ors.

.... Respondents Mr. Mathews Nedumpara a/w. Ms. Veena Sawkar and Mr. C.V. Joveson for the Petitioner / Applicant.

Ms. Uma Palsuledesai, A.G.P., for Respondent Nos.1, 10 and 17.

Mr. Madhur Surana for Respondent Nos.4 and 7. CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 20 TH APRIL, 2016.

1/2 NMWL-317-16.doc

P.C. :

.

Mentioned. Not on Board.

2.

Heard learned counsel for the respective parties. 3.

Needless to clarify that the documents which are supplied and stated to be proof of existence of a structure and its occupation by the Petitioner should be verified for their authenticity and genuineness and thereafter the necessary entries be made and duly communicated to the Petitioner.

4.

If the Petitioner is held eligible, the Slum Rehabilitation Authority, as also the State and the Developer, must ensure rehabilitation of the Petitioner at the site or treat her as project affected person so that she can be accommodated and rehabilitated in any on-going project in the vicinity. 5.

Petition is disposed of with the above directions. 6.

In view of disposal of the Petition, Notice of Motion (Lodging) No.317 of 2016 pending in the Petition does not survive and the same is disposed of as such.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2 NMWL-317-16.doc