Sharda Prasad Yadav Through Her Ca. Nandalal Yadav v. Apex Grievance Redressal Committee Sra, And 4 ORS.
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1403 OF 2019 Vineet Tiwari
...Petitioner
Versus
Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION (L) NO. 1404 OF 2019 Ahmed Mohd Mukri Shaikh (deceased) through Ismail Shaikh Mohd Mukri
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION (L) NO. 1405 OF 2019 Sanjay Sawant
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION (L) NO. 1407 OF 2019 Shailesh Ganpat Panchal
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION (L) NO. 1410 OF 2019 Sharda Prasad Yadav through her CA Nandalal Yadav
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents
WRIT PETITION (L) NO. 1411 OF 2019 Sharda Chadrabhushan Singh
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION NO. 2530 OF 2019 Harish Darveshi
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents WRIT PETITION NO. 2546 OF 2019 Irshad Ahmed Shaikh
...Petitioner
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Apex Grievance Redressal Committee SRA & Ors ...Respondents Mr Ajit Tamhane, with Ms Gunjan Tamhane, i/b Tamhane & Co., for the Petitioner in WPL/1403/19, WPL/1404/19, WPL/1405, WPL/1407/19, WPL/1410/19, WPL/1411/19, WP/2530/19 & WP/2546/19.
Mr Vijay D Patil, for Respondents Nos. 1 & 2 in all Petitions. Ms Nutan Moily, for Respondent No. 3 in all Petitions. Mr Kalpesh Patil, for Respondent No. 4 in all Petitions. Ms Uma Palsuledesai, AGP, for Respondent-State in WPL/1403/19 & WPL/1405/19.
Mr SB Gore, AGP, for the Respondent-State in WPL/1404/19 & WP/ 2546/19.
Mr RJ Mane, AGP, for Respondent-State in WPL/1407/19 & WPL/1411/19.
Mr Sukanta Karmkar, AGP, for Respondent-State in WPL/1410/19 & WP/2530/19
CORAM: S. C. Dharmadhikari & G. S. Patel, JJ.
DATED: 10th October 2019 PC:- 1.
In this group of writ petitions a Division Bench of this Court was pleased to pass the following order on 3rd May 2019: "These petitions are filed by the occupants of slum areas, which is under re-development. The petitioner pointed out that against an order dated 22nd November 2018 passed by the Deputy Collector, Slum Redevelopment Authority, the petitioners have filed an application before the Apex Grievance Redressal Committee and opposed the directions for eviction contained in the said order dated 22nd November 2018. 2] In such proceedings, the said authority passed an order on 11th January 2019 directing the petitioners to shift to transit accommodation. The proceedings are kept pending for further hearing.
3] Learned Counsel for petitioners submitted that there are no basic amenities provided in the transit accommodation. Additionally, we prima facie find that when the petitioners grievance is against the directions for eviction were pending before the Authority, keeping such proceedings pending, would the petitioners be directed to vacate the premises is also a relevant question. 4] No one appears for developer, though private advance notice is served. Hence, issue notice returnable
on 13th June 2019. By way of ad-interim relief, eviction of petitioners is stayed.
5] This order will not enable any of the petitioners to construct the premises which may have been demolished or carry out any further construction in the existing premises.
"
2.
A request was made to list these petitions because neither are the grievances being redressed by appearing before the Committee and enabling the Committee to dispose of the pending applications nor in the writ jurisdiction of this Court it is in a position to resolve the factual disputes and grievances in relation thereto. 3.
In these circumstances, all parties agree that the order of 3rd May 2019 shall operate as an interim order during the pendency of the proceedings before the Committee. The Committee shall appropriately decide the matter without being influenced by the order of this Court dated 3rd May 2019. The Committee shall endeavour and resolve all disputes in accordance with law. All contentions of all sides are kept open.
4.
The order passed by this Court shall continue to operate till the Committee passes a final order on the pending applications. 5.
We would request the Committee to resolve the disputes between parties and decide the pending applications as
expeditiously as possible and in any event within a period of three months from the date of receipt of a copy of this order. 6.
All the writ petitions are disposed of.
(S. C. Dharmadhikari, J) (G. S. Patel, J)