Wahid Ali Shiekh And 8 ORS v. Deputy Collector (Enc And Evc), Bandra And 2 ORS

WPL.3342.2015.29.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3342 OF 2015 Wahid Ali Shiekh and Ors.

} Petitioners versus Deputy Collector (ENC & } EVC), Bandra and Ors.

} Respondents Mr. S. M. Gorwadkar - Senior Advocate with Mr. Amir Arsiwala and Mr. Sachin Khedekar i/b. Mr. Yogesh S. Sankpal for the Petitioners.

Ms. Uma Palsuledesai - AGP for Respondent Nos. 1 and 2.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- NOVEMBER 30, 2015 P.C. :- The nine Petitioners before us had moved this matter urgently on 27th November, 2015.

2) They apprehend demolition of their structures by Respondent No. 3 Assistant Commissioner (H/West) Ward. With advance intimation and notice to both, the State as also the Municipal Corporation, the matter was moved. The ad-interim protection has been granted till today.

J.V.Salunke,PA

WPL.3342.2015.29.doc 3) Petitioner Nos. 1 to 7 made statement on oath that they have preferred an Appeal before the Additional Collector (Encroachment), Bandra, Mumbai. That Appeal is pending. 4) On instructions, Ms. Palsuledesai appearing for Respondent Nos. 1 and 2 submits that this Appeal would be heard and disposed of within a period of four weeks from today. An advance notice of date, time and venue of the hearing would be communicated to the Appellants in that Appeal. 5) We keep all contentions of the parties open. We clarify that the protection granted by this Court is restricted to Petitioner Nos. 1 to 7/original Appellants in the Appeal. Petitioner Nos. 8 and 9 presently have not received any notice of demolition from Respondent No. 3. As and when such notice is issued, they are free to adopt appropriate proceedings.

We also clarify that this order is without prejudice to the rights and contentions of the Respondents, particularly Respondent No. 3 in relation to any ongoing public project. The implementation thereof shall continue and unaffected by this order. 6) With the aforesaid directions, the Writ Petition is disposed of.

(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA