Dr. Babasaheb Ambedkar Nagar Rahivasi Sangh v. Mumbai Municipal Corporation And 3 ORS

970-WPL-2660.17 BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2660 OF 2017 Dr. Babasaheb Ambedkar Nagar Rahivasi Sangh ..... Petitioner.

V/s Mumbai Municipal Corporation and Others ..... Respondents.

Mr. Mahadeo A. Choudhari for the Petitioner.

Ms. K.H. Mastakar for Respondents - MCGM.

CORAM: B. R. GAVAI & M.S. KARNIK, JJ.

DATE: 28th September, 2017 P.C.:- 1] Rule. Rule is made returnable forthwith. Respondents waive service. Heard, by consent of parties.

2] Petitioners have approached this Court being aggrieved by the order dated 20/09/2017 by which application of the Petitioners for grant of alternative accommodation to them in the nearby vicinity of the place where they are residing, has been rejected. 3] It is the contention of the Petitioners that the said order has been passed without giving an opportunity of hearing, though in pursuance 1/2

970-WPL-2660.17 to the order passed by this Court in Writ Petition (L) No.2915 of 2016, Respondent No.2 was bound to give an opportunity of hearing. 4] Ms. Mastakar, learned Counsel for the Corporation, submits that Respondent No.2 is willing to give an hearing to the Petitioners and the hearing is scheduled on 04/10/2017.

5] In that view of the matter, Petition is disposed of with direction to Respondent No.2 to give hearing to the Petitioners or their representative on 04/10/2017. It is further directed that till the hearing and orders to be passed by Respondent No.2 after Petitioners are being heard, Respondents - Corporation shall maintain status quo as of today. In the event, Respondent No.2 passes any adverse order to the interest of the Petitioners, the same shall not be given effect to for a period of two weeks from the date of receipt of the said order by the Petitioners. Rule is made absolute accordingly. (M. S. KARNIK, J. ) (B. R. GAVAI, J. ) 2/2