Yamuna Mahadev Shinde v. The State Of Maharashtra And 8 ORS

k 1/2 19 wp 485.20 os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.485 OF 2020 ...

Yamuna Mahadev Shinde

...Petitioner

v/s.

The State of Maharashtra & Ors.

...Respondents

....

Mr. S.S. Redekar for the Petitioner.

Mr. Abhijit Kulkarni for Respondent Nos.3 to 5-SRA. Mr. Sandeep V. Bamne for Respondent Nos.7 and 8. Ms. Uma Palsuledesai, AGP for the Respondent Nos.1 and 2-State. ...

CORAM : A.A. SAYED & SURENDRA P. TAVADE, JJ.

DATED : 24 MARCH 2021 P.C.:

The Petition has been filed by the Petitioner seeking implementation of the order dated 17 December 2018. Learned Counsel for the Petitioner has invited our attention to the relevant part of the operative portion of the order dated 15 December 2018 of the Secretary, Slum Rehabilitation Authority (page 52 of the Petition) which reads as follows:

"1.

Mrs. Yamuna Mahadev Shinde has to be allotted flat number 403 building no.1 this tenement has been kept as PAP by society needs to be vacated under section 3E of Maharashtra K 1/2

k 2/2 19 wp 485.20 os.doc Slum Act 1971, So Dy., Collector and Competent Authority, Colaba is directed to take action against Mr. Rajesh Koyale who has been wrongly allotted tenement no.403 by society letter dated 4th May, 2016.

2.

...

...

...

3.

...

...

..."

Learned Counsel for the Petitioner has tendered a copy of letter dated 9 February 2021 written by Mr. Rajesh Goyale to the SRA wherein he stated that he has handed over possession of the subject flat No.403 to the SRA. Learned Counsel for the Respondent No.7-Society confirms the same.

In view of the above, we direct the Respondent-SRA to handover possession of the said flat No.403 to the Petitioner within one week from today. Needless to say that the Petitioner shall make necessary formal compliance.

5.

The Petition to stand disposed of in the aforesaid terms. (SURENDRA P. TAVADE, J.) (A.A. SAYED, J.) K 2/2