Pundalik Dadu Sagare And 7 ORS. v. The Commissioner, Municipal Corporation Of Greater Mumbai And 8 ORS.

1 35) WP1928-16.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1928 OF 2016 Pundalik Dadu Sagave & Ors.

..Petitioners.

V/s.

The Commissioner, Municipal Corporation of Greater Mumbai & Ors.

..Respondents.

Mr.S.A.Sawant I/b. A.A. Deshmukh for the petitioners. Ms.Trupti Puranik for respondent No.1 & 2.

Mr. J.G.Reddy for respondent Nos.3 & 4.

Mr.Ameet Shastri, AGP with Ms.Geeta Shastri, Addl. G.P. for respondent Nos.5 to 7.

Ms.Rujuta Patil for respondent No.9.

CORAM:

SHANTANU KEMKAR NITIN W.SAMBRE, JJ.

DATE :

JULY 13, 2018 P.C.:- Alleging inaction on the part of the third respondent in regard to a communication dated February 4, 2013 issued by the Additional Municipal Commissioner (Exhibit-F to the petition) of the Municipal Corporation to the Chief Executive Officer of the Slum Rehabilitation Authority, the petitioners have filed this petition.

2 35) WP1928-16.doc 2.

According to the petitioners, they are eligible slum dwellers and due to inaction on the part of the third respondent in regard to the said communication received from the office of the second respondent, they are adversely suffering. 3.

Having considered the submissions made by the learned counsel for the petitioners and also learned counsel for respondent Nos.1 to 4 and the learned AGP for respondent Nos.5 to 7, we dispose of this petition by directing respondent No.2 to consider the said letter dated February 4, 2013 (Exhibit-F) and take appropriate decision on it after giving due opportunity of hearing to the petitioners as also respondent Nos.8 and 9 and other concerned and affected parties, if any. The petitioners to file fresh representation before the third respondent within two weeks. 4.

Needless to state that we have not commented upon the merits of the matter and on the petitioners' entitlement. The contentions of all parties are kept open.

5.

The decision as aforesaid shall be taken within four months from the date of receipt of copy of this order. 6.

The petition stands disposed of in above terms. (NITIN W.SAMBRE, J.) (SHANTANU KEMKAR, J.)