Selvaraj Kandaswamy v. Slum Rehabilitation Authority

2024:BHC-OS:7485-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1573 OF 2024 WITH INTERIM APPLICATION (L) NO.34954 OF 2023 SELVARAJ KANDASWAMY ..PETITIONER VS.

SLUM REHABILITATION AUTHORITY ..RESPONDENT ------------ Adv. R. Sathyanarayanan Iyer for the petitioner. Adv. J. G. Aradwad (Reddy) for the respondent-SRA. ------------

CORAM

: M. S. KARNIK & KAMAL KHATA, JJ.

DATE : 7 MAY, 2024 P.C. :

1.

Heard learned counsel for the petitioner and learned counsel for the respondent-SRA.

2.

We requested Mr. Reddy, learned counsel to appear on behalf of the respondent-SRA.

3.

Mr. Reddy requested for some time to take instructions.

4.

However, having regard to the nature of the controversy involved in the present writ petition, we 1/3

proceeded to dispose of the writ petition after hearing the parties. This Court on an earlier occasion by an order dated 21st June 2022 passed the following order :- "1.

The learned counsel submits that the Petitioner has submitted the representation dated 25/07/2018 which is received by the Respondent on 06/08/2018 with regard to the illegalities committed and cancellation of the LOI. 2.

The learned counsel appears for the Respondent and submits that authority would take decision in accordance with law.

3.

In light of that, the Respondent may take decision on the application of the Petitioner (page no. 61) on its own merits and in accordance with law expeditiously preferably within eight months after hearing all affected parties.

4.

Writ Petition is disposed of. No costs."

5.

It is the grievance of learned counsel for the petitioner that despite the specific order passed by this Court, the SRA has not taken a decision on the application of the petitioner. Learned counsel for the petitioner has submitted that the SRA has committed breach of the order passed by this Court. It is then submitted that the SRA should take a decision on the application as indicated in the order dated 21st June 2022 at the earliest. Instead of calling upon the SRA to file an affidavit-in-reply, we propose to extend the time granted by this Court in terms of the order dated 21st June 2022 for the SRA to take a decision as mentioned in 2/3

paragraph 3 of the order dated 21st June 2022 by a further period of 12 weeks from the date this order is placed for its consideration. It is made clear that if such a decision is not taken within a period of 12 weeks, it is open for the petitioner to file appropriate proceedings including contempt petition.

6.

We expect the SRA to positively comply with the directions within the extended time.

7.

Mr. Reddy to communicate this order to the SRA immediately.

8.

The writ petition is disposed of.

9.

The interim application is also disposed of.

(KAMAL KHATA, J.) (M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 08/05/2024 10:57:26