Jayashree Dinesh Kadam And 10 Others v. Slum Rehabilitation Authority Through Its Chief Executive Officer And 5 Others

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) No. 28 OF 2015 M/s Grace Mass Housing Corporation ...

Petitioner Vs.

Balkrishna Shivram More & Ors.

...

Respondents WITH WRIT PETITION No. 1468 OF 2015 Balkrishna Shivram More & Ors.

...

Petitioners Vs.

Slum Rehabilitation Authority & Ors.

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Respondents WITH WRIT PETITION (L) No. 1525 OF 2015 Jayashree Dinesh Kadam & Ors.

...

Petitioners Vs.

Slum Rehabilitation Authority & Ors.

...

Respondents *** Mr. Chirag Balsara a/w Dipen Furia i/b M/s. Shah & Furia Associates, for the Petitioner.

Mr. Yousuf Khan, for Respondent Nos. 1 to 32. Ms. Anjali Helekar, AGP for Respondent Nos. 33 to 35, 37 & 38. Mr. D. A. Nalawade, Government Pleader, for Respondent No. 36. *** CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ.

DATE : JULY 1, 2015 PC.

1.

Writ Petition No. 1468/2015 and Writ Petition (L) No. 1 / 3

1525/2015 are not on board. Upon mentioning, both the petitions are taken on board and heard alongwith present contempt petition. 2.

Heard the learned counsel appearing for the contempt petitioner who is Respondent No. 4 in Writ Petition (L) No. 1525/2015. Learned counsel submits that if the keys of the premises are handed over by the 11 contemnors to Respondent No. 4, the directions may be given to the Prothonotary and Senior Master to hand over 18 months compensation to those occupants. The counsel appearing on behalf of the Petitioners submits that he is ready to hand over keys of the premises to the contempt-petitioner immediately in the Court itself. Accordingly, the said 11 keys have been handed over to the counsel appearing for the contempt-petitioner / Respondent No. 4. In view of this, we direct the Prothonotary and Senior Master to release the compensation, which has been deposited by Respondent No. 4 in this Court forthwith. Contempt-petition is accordingly disposed of.

3.

Since the Petitioner is declared to be eligible to get permanent accommodation, Writ Petition (L) No. 1525/2015 does not survive and is accordingly disposed of.

2 / 3

4.

So far as Writ Petition No. 1468/2015 is concerned, on 18th May, 2015 the Vacation Court has noted that the Respondents have complied with the order, hence the contempt-petition does not survive. Therefore, Writ Petition No. 1468/2015 is accordingly disposed of. However, liberty is granted to the parties to apply, if necessary.

5.

Similarly, the Prothonotary and Senior Master is also directed to release compensation / rent of 59 tenants. We are informed that one Rahimuddin Jumai Ansari, Respondent No. 32 of the contempt-petition, is expired. The compensation be paid to his legal heirs. It is also clarified that the concerned authority may carry out the demolition of the structures, which are existing on the plot. Sd/- Sd/- [B. P. COLABAWALLA, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3