Kamladevi Ramdulari Verma v. Slum Rehabilitation Authority And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2502 OF 2017 Kamladevi Ramdulari Verma .. Petitioner -VersusS.R.A. & Ors.

..Respondents Mr. S.S.Redekar for petitioner Mr. M.S.Surana for respondent No.3 Mr. Anoop Patil for respondent Nos. 1 and 4.

CORAM

:

SHANTANU S. KEMKAR & ANUJA PRABHUDESSAI, JJ.

DATE :

14th September 2017.

P.C.

Challenging the letter/communication dated 21st August 017 (Exhibit."G") sent by the Registrar of Apex Grievance Redressal Committee (for short "Committee"), the petitioner has filed this petition.

2] By the impugned communication, the Registrar of Committee has observed that since the order, which was impugned by the petitioner before the Committee, passed by the Secretary, Slum Rehabilitation Authority dated 8th December 2016 was challenged by

Mrs. Usha Dhondiram Khairnar vide HPC Appeal No.17 of 2016 and HPC Application No.6 of 2016, and the said order was upheld by the High Powered Committee by its order dated 29th April 2017, the question of entertaining the petitioner's application does not arise. 3] Learned Counsel for the petitioner submits that his matter ought to have been decided by the Committee by passing appropriate order and the application could not have been returned by the Registrar as per the impugned communication. 4] Learned Counsel appearing for respondent No.1 and 4 submits that the petitioner's matter is not covered by the order passed in HPC Appeal No.17 of 2016 and HPC Application No.6 of 2016.

5] Be that as it may, we find that the petitioner's matter requires to be considered and decided by the Committee on merits and even if it is covered by the order passed in HPC Appeal No.17 of 2016 and HPC Application No.6 of 2016, the order to that effect need to have been passed by the Committee.

6] As a result, we set aside the impugned communication dated 21st August 2017 Exhibit.G sent by the Registrar and direct the Committee to decide petitioner's appeal on merits after giving the petitioner and all concerned an opportunity of hearing. Petitioner to appear before the Registrar on 15th September 2017 along with memo of appeal which has already been returned to the petitioner. 7] We expect that the Committee shall take up the matter immediately in its next meeting and dispose it of as expeditiously as possible.

8] With the aforesaid directions we dispose of the petition. (ANUJA PRABHUDESSAI, J) (SHANTANU S. KEMKAR, J)