Akbar Hussain Bashir Hussain And 3 Ora. v. Municipal Corporation Of Greater Mumbai And 2 ORS.

oswp1162,1218,1221 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1162 OF 2013, WRIT PETITION NO.1218 OF 2013, WRIT PETITION NO.1221 OF 2013.

Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Ajit Shinde a/w Mr.P.Ranjan i/b M/s.Halai & Co. for the Petitioner Ms Vandana Mahadik for the Respondent Nos.1 and 2 in all petitions Mr.Mohit Jadhav, AGP for respondent No.3 in all petitions CORAM : A.S.OKA, & SMT. VIBHA KANKANWADI,JJ.

DATE : JUNE 13, 2017 P.C.

Heard the learned counsel for the petitioner. The learned counsel for the petitioner states that the shops subject matter of these petitions have been demolished. He submits that the petitioners are entitled to alternate accommodation as per the scheme formulated by the State Government under the Government Resolution dated 31st December 2007 (Exh.J to the petition). The documents annexed to the petition show that while issuing reply

oswp1162,1218,1221 to the notice served by the Mumbai Municipal Corporation under section 314 of the Mumbai Municipal Corporation Act,1888, the petitioners have not claimed benefit under the G.R dated 31st December 2007.

Therefore, it will be open for the petitioners to make representations to the appropriate Authority for grant of benefits in accordance with G.R dated 31st December 2007.

If such applications are made, the concerned Authority shall decide the same expeditiously.

We, however, make it clear that we have not examined the question whether the G.R.dated 31st December 2007 is enforcible and whether the petitioners are eligible under the said GR for rehabilitation.

Subject to above directions, writ petitions are disposed of.

(VIBHA KANKANWADI,J.) (A.S.OKA,J.)