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Bombay High CourtWP/1331/2014

Shri Sadanand Bhikaji Jadhav v. The Chief Executive Officer And 3 ORS.

2015-04-15Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice B.R. Gavai2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1331 OF 2014 Sadanand Bhikaji Jadhav.

... Petitioner.

Versus

The Chief Executive Officer, Slum Rehabilitation Authority & ors.

... Respondents.

--- Mr. S.A. Sawant, advocate for petitioner.

Mr. Vijay Patil, advocate for respondent No. 2 Mr. Ajay Basutkar, advocate for respondent No. 3. --- CORAM : B.R. GAVAI & A.S. GADKARI, JJ DATE : APRIL 15, 2015 P.C.:

Learned Counsel for the Petitioner states that as of now, the grievance regarding allotment of permanent accommodation to the Petitioner is concerned, no more survives, in as much as the Petitioner has already been provided with the accommodation. He submits that grievance that still subsists is with regard to the compensation that the Petitioner was paid. He submits that the Talwalkar 1/2

22.wp1331.14.sxw Petitioner has been paid compensation at a very meager rate, as compared to the other occupants.

The learned Counsel for the developer on the contrary submits that the compensation, which is paid to the Petitioner, is the same as paid to the other occupants. The contention of Shri Sawant is that Slum Rehabilitation Authority is a competent authority to decide the contested issue between the parties.

In that view of the matter, we dispose of the petition with liberty to the Petitioner to make an application to the SRA. It is made clear that if such an application is made, SRA respondent No. 1 would consider the same and take appropriate decision in accordance with law after hearing the Petitioner as well as the developer. The same shall be done within a period of 6 months from filing of the application. (A.S. GADKARI, J) (B.R.GAVAI,J) Talwalkar 2/2