Sundarabhai Mahadev Chougule v. The State Of Maharashtra And 5 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2219 OF 2015 Smt.Sundrabai Mahadev Chougule ... Petitioner vs.

The State of Maharashtra and 5 ors.

... Respondents None for the petitioner.

Ms. Uma Palsule - Desai, Additioanl Government Pleader for respondents No.1 and 2.

Mr. Abhijeet A. Desai, Advocate for respondent No.3. Mr. Girish Utangale i/by Utangale & Co., Advocate for respondent No.4.

Ms. A. Wandrewala a/w Mr. S. B. Pawar and Ms. Swati Sawant i/by S. K. Legal Associates, Advocate for respondents No.5 and 6. Coram : Smt. R. P. SondurBaldota, J.

Date : 14th September, 2015.

P.C. :

1.

This petition filed under Article 226 of Constitution of India challenges the order dated 11th June, 2015 passed by the Competent Authority and Deputy Chief Officer (Marketing), Mumbai Housing Area Development Board and the order dated 22nd July, 2015 passed by the Additional Collector (ENC/REM) Eastern Sub-urban Slum Rehabilitation Authority on SLP Appeal No.1629-1630/2015. The orders were passed under Section 33 and 38 of the Maharashtra Slum (Improvement, clearance and redevelopment) Act, 1971 directing the petitioner to vacate the premises in her occupation for the purpose of facilitating redevelopment of the property. On 5th August, 2015 when the

petition was taken up for admission a statement was made on behalf of the petitioner that she was ready and willing to vacate the structure in her occupation. Ms. Wandrewala on instruction makes a statement that the petitioner has vacated the structure in her occupation and the same is already demolished. She files an affidavit of respondents No.5 and 6 stating that in fact an agreement has been executed with the petitioner for allotment to her of transit accommodation as well as the regular alternate accommodation. In view thereof nothing survives in the petition for consideration of the Court. Apparently for that reason neither the petitioner nor her advocate is present today. The writ petition is accordingly dismissed.

[Smt. R. P. SondurBaldota, J.]

CERTIFICATE Certified to be true and correct copy of the original signed Judgment / order.