Nilkantheswar Rahivashi Seva Sangh v. Municipal Corporation Of Gr. Mumbai And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2021.12.14 10:24:55 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.2181 OF 2018 Nilkantheswar Rahivashi Seva Sangh ..... Petitioner Vs.

Municipal Corporation of Gr. Mumbai and Ors.

..... Respondents WITH WRIT PETITION NO.594 OF 2019 Shankar Mohan Kadam & Ors.

..... Petitioner Vs.

Municipal Corporation of Gr. Mumbai and Ors.

..... Respondents WITH WRIT PETITION NO.441 OF 2019 Chauhan Savitridevi Phakirchand & Ors. ..... Petitioner Vs.

Municipal Corporation of Gr. Mumbai and Ors.

..... Respondents Mr. P. M. Havnur a/w. Sanjay Kharat for the Petitioners in Writ Petition 2181/2018 and 594/2019 Mr. Digvijay S. Patil I/b. Mr. Pankaj P. Devkar for the Petitioner in Writ Petition 441/2019.

Ms. Dhruti Kapadia a/w. Vandana Mahadik for the Municipal Corporation Mr. Hemant Haryan AGP for the State in Writ Petition 2181/2018 Mr. S. B. Gore, AGP for the State in Writ Petition 441/2019 Mr. Sukunta Karmakar, AGP for the State in 594/2019 1/3

CORAM:

A.A.SAYED & ABHAY AHUJA, JJ.

DATED :

DECEMBER 10, 2021 P.C.

We note that in the order dated 12th April 2019 in PIL (L) No.10 of 2018, the First Court, in paragraph No.5 has issued the following directions:

"5.

Such persons who are aggrieved by non inclusion of their names in the list of persons entitled to rehabilitation would be entitled to file applications along with relied upon documents in the office of the Additional Municipal Commissioner (Eastern Suburb), Mumbai. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall give in writing a date for hearing to the person. On the date and time notified to the person, the Additional Municipal Commissioner (Eastern Suburb), Mumbai shall ensure that the Committee assembles and grants a hearing to the person. Reasoned order would be passed and would be supplied, duly authenticated, to the applicant. Such applicant who is aggrieved by the rejection would be entitled to file a writ petition in this Court challenging the rejection."

In view of the above, we direct the Petitioners to file applications along with the documents in the Office of the Additional Municipal Commissioner (Eastern Suburb), Mumbai. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall give in writing a date of hearing. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall ensure that the Committee assembles and grants a hearing to the Petitioners and a reasoned order would be passed by the Committee. In the event, the 2/3

Petitioners/ Applicants are aggrieved they would be entitled to file a writ petition challenging the rejection. With the aforesaid directions, the Writ Petitions are disposed of.

(ABHAY AHUJA, J.) (A.A.SAYED, J.) 3/3