Perumal Chinna Thambi v. The State Of Maharashtra And 9 ORS.

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 29 OF 2018 Perumal Chinna Thambi .. Petitioner Vs.

State of Maharashtra and ors.

.. Respondents Mr.A.Kaushik I/b Kaushik & Co., for the Petitioner. Mr.Vijay D.Patil, for Respondents No. 3.

Mr.Ram Ugrah Singh, for Respondent No. 10.

Smt.Geeta Shastri, Addl. G.P. for State.

CORAM : NARESH H. PATIL, CHIEF JUSTICE & M.S.KARNIK, J.

DATE : 21st NOVEMBER, 2018 P.C. :

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The Petition relates to the Slum Rehabilitation Scheme in Malad area in respect of the alleged illegality in the slum rehabilitation scheme and while raising this issue, the Petitioner is said to be member of Respondent No. 9 - Society. Learned AGP submits that already an exhaustive judgment has been delivered by the Division Bench of this Court (Coram : Swatanter Kumar, C.J. and S.C. Dharmadhikari, J.) in Public 1/3

Interest Litigation No. 156 of 2006 and Suo Moto Writ Petition (PIL) No. 6 of 2007 on 17/09/2009. Under the said judgment directions were issued to High Powered Committee constituted by the State. By this judgment, directions were issued to the effect that the Committee upon inquiry and examination of the relevant records shall record its opinion. Further directions were also given by the Division Bench. PIL No. 75 of 2015 which was heard today in the first session is also pending on similar issue. Learned AGP appearing for the State submitted that the Committee is looking and examining the record. In PIL No. 75 of 2015, today we passed following order. " Learned Counsel appearing for the SRA states that more than 13,000 persons have taken disadvantage of the SRA scheme by occupying the allotted tenements twice. The proceedings therefore are required to be initiated against them for eviction.

2.

Learned AGP shall take instructions from the Deputy Collectors of the different zones having jurisdiction to initiate such proceedings and submit the report before this Court.

3.

Stand over to 05/12/2018 for directions."

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2.

If the Petitioner desires, he may join PIL No. 75 of 2015 by filing appropriate application. It would be looked into on its own merits.

3.

Keeping all issues open, Public Interest Litigation is disposed of.

(M.S.KARNIK, J.) (CHIEF JUSTICE) 3/3