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Bombay High CourtWP/2911/2018

Sunil Thakkar And 8 Others v. The State Of Maharashtra And 4 Other

2018-07-30Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice R.M. Borde3 pages

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2447 OF 2018 Sunil Thakkar & Ors.

...

Petitioners Vs.

The State of Maharashtra & Ors.

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Respondents *** Mr. Joaquim Reis, Sr. Advocate a/w Hasit Seth i/b Kaushik Kothari, for the Petitioner.

Mr. Rajiv Mane, AGP for the Respondent No. 1 - State. Mr. Depen Merchant, Sr. Advocate a/w Ms. Trupti Puranik, for the Respondent - MCGM.

Mr. Anoop Patil, for Respondent No. 3 - SRA.

Mr. Milind Sathe, Sr. Advocate a/w Mayur Khandeparkar, Nitesh Ranavat, Akash Lodha i/b M/s. Wadia Ghandy & Co. for Intervenor / Applicant in CHSWL. 323-18.

*** CORAM : R. M. BORDE & V. M. DESHPANDE, JJ.

DATE : JULY 30, 2018 PC :- 1.

Since the Petitioners are aggrieved by the order passed by the Additional Collector (E & R) dated 30th June, 2018, as well as the order passed by the Competent Authority dated 9th March, 2018, the learned senior counsel appearing for 1 / 3

the Petitioners, on instructions, informs that the remedy available in law, viz. presenting an appeal to the Grievance Redressal Committee, under Section 35 of the Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 would be adopted and the appeal would be presented within 7 days from today. On presentation of such an appeal, the Grievance Redressal Committee shall decide the same on merits, and also consider the issue of grant or continuation of stay, within three weeks from today. Until decision on the appeal or on the issue as regards grant of protection to the Petitioners, no adverse action is within contemplation for a period of three weeks at the instance of the Respondent Corporation, as has been informed by the learned senior advocate appearing for the Respondent Municipal Corporation. All the issues raised by the Petitioners in this petition are specifically kept open for being considered by the appellate authority. In view of above, writ petition stands disposed of.

2.

Needless to state that pending chamber summons in 2 / 3

this writ petition for intervention does not survive and is accordingly disposed of.

Sd/- Sd/- [V. M. DESHPANDE, J.] [R. M. BORDE, J.] Vinayak Halemath 3 / 3