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Bombay High CourtWP/2375/2019disposed off

Kishore Ganesh Kamble And 8 ORS v. Assistant Engineer And 5 ORS

2019-08-20Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

28 wp 2375 of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2375 OF 2019 Kishore Ganesh Kamble and Ors.

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Petitioners versus Assistant Engineer and Ors.

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Respondents WITH WRIT PETITION NO.3199 OF 2019 Tulsidas Babu Umap and Ors.

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Petitioners versus Assistant Engineer and Ors.

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Respondents Ms. Ronita Bhattacharya, for Petitioners.

Ms. Vandana Mahadik with Ms. Sheetal Metakari, for MCGM. Mr. A.P.Kulkarni, for Respondent No.4.

Mr. Milind More, Addl. G.P., for State.

Mr. Sayeed Godad, A.E. (M) F/S Ward, present. Mr. Pravin Bhosale, S.E.(M) F/S Ward, present. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th DECEMBER, 2019 P.C.:

1.

Writ Petition No.3199 of 2019 is not on board. Upon mentioning, taken on board.

2.

By the above Writ Petitions, the Petitioners seek directions against the Municipal Corporation of Greater Mumbai restraining them from evicting the Petitioners or taking any other coercive measures against them until they are served written notices clarifying the site of their rehabilitation. SSP 1/2

28 wp 2375 of 2019.doc 3.

Nineteen Petitioners in the above two Writ Petitions have agreed to shift to Building No.25, RNA Rockline, M(E) Ward, Chembur (Vashinaka), Mumbai - 400

074. However, the said building requires some repairs and the lift which was installed earlier is not in repairable condition and needs to be replaced. The officer of the Corporation who is present in Court undertakes through his Advocate to carry out repairs to the building within a period of four weeks from today. 4.

The nineteen occupants undertake that immediately upon the repairs being carried out as undertaken by the Corporation, they shall vacate their present accommodation and shift to their respective flats allotted by the Corporation in building No.25.

5.

The Corporation also undertakes to replace the lift within a period of six months from today.

6.

The above undertakings are accepted.

7.

In view of this order, nothing survives in the above Writ Petitions and the same are accordingly disposed of.

( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/2