Mohammed Aasif Mohammed Hussain Meghani v. Municipal Corporation Of Gr.Mumbai And ANR.

Swaroop S.

Phadke by Swaroop S.

Phadke Date: 2020.01.30 11:06:12 +0530 3 WP 2009 OF 2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1 OF 2019 IN WRIT PETITION NO.2009 OF 2015 Mohammed Aasif Mohammed Hussain Meghani ...

Applicant/Petitioner versus Municipal Corporation of Greater Mumbai ...

Respondent WITH INTERIM APPLICATION NO.1 OF 2019 IN WRIT PETITION NO.954 OF 2016 Razia Salim Merchant ...

Applicant/Petitioner versus Municipal Corporation of Greater Mumbai ...

Respondent Mr. Y.E.Mooman i/by Manisha Gawde, for Applicants. Mrs. Vandana Mahadik, for MCGM.

Mr. Sajjad H. Patel, for Respondent No.2.

Representative of Respondent No.2 is present in Court. CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

DATE:

th JANUARY, 2020 P.C.:

1.

By the above Interim Applications, the Applicants seek the following relief : "(a)that the Respondent No.2 be directed and ordered to pay compensation in lieu of temporary transit accommodation for the period of 12 months commencing from October 2019 to November, 2020 at the rate of Rs.32,000/- per month forthwith and continue to pay the such amount on yearly basis till the peaceful and vacant SSP 1/2

3 WP 2009 OF 2015.doc possession of rehab premises is handed over in its true and complete sense;"

2.

Admittedly, there are 150 original tenants, out of which 148 tenants are already paid/handed over post dated cheques for a period of 12 months commencing from September, 2019 to September, 2020. The grievance of the Applicants is that they are not handed over post dated cheques for a period of 12 months, but are given cheques for two months at a time.

3.

Respondent No.2 who is present in Court agrees to treat the Applicants equally along with the other 148 members and undertakes to handover on or before 31 st January, 2020 fresh cheques for the period October 2019 to September, 2020. Respondent No.2 states that upon presentment of the said cheques for encashment, the same shall be honoured. Respondent No.2 further states that he shall in future treat the Applicants equally in all regards with the other 148 members/tenants. The statements are accepted.

4.

The above Interim Applications are accordingly disposed of. ( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.) SSP 2/2