Mr. Pradip P. Potdar v. Dy. Collector (Enc) And 3 Others

1 of 2 WP.1858.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1858 OF 2014 Pradip P. Potdar Petitioner versus The Deputy Collector (Enc.) & others Respondents Mr.Clifford Martis for Petitioner.

Ms.H.Y.Shah, AGP for Respondent nos.1 and 3.

Mr.S.G.Surana i/by Mr.Madhur Surana for Respondent no.2. Mr.D.A.Nalawade, Government Pleader for Respondent no.4. CORAM : S.C.DHARMADHIKARI AND B.P.COLABAWALLA, JJ.

DATE : 26 November 2015 PC :

1.

After hearing both sides, we are of the view that the writ petition can conveniently be disposed of with the following directions :

(a) In terms of Slum Rehabilitation Authority's letter dated 7 September 2015, the decision has to be taken by the Deputy Collector (Encroachment Removal) and Competent Authority. The Petitioner is advised to approach that authority;

2 of 2 WP.1858.2014 (b) Since learned AGP for the State Government and the Deputy Collector (Encroachment Removal) assures that the Deputy Collector (Encroachment Removal) will take an expeditious decision, we direct that the said Deputy Collector (Encroachment Removal) shall treat the present petition as an application of the Petitioner and after giving an opportunity of personal hearing to the Petitioner, pass a reasoned order thereon as expeditiously as possible and in any event within two weeks from the date of receipt of a copy of this order. The said authority shall give an advance intimation of the date, time and venue of hearing in writing.

(c) All contentions of all parties are kept open. (d) The writ petition is disposed of with no order as to costs. (S.C.DHARMADHIKARI, J.) (B.P.COLABAWALLA, J.) MST