Gangaram Hari Chavan v. Mumbai Municipal Corporation

Sumedh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 9232 OF 2024 IN WRIT PETITION NO. 1048 OF 2024 Gangaram Hari Chavan ...Applicant In the matter between Gangaram Hari Chavan

...Petitioner

Versus

Municipal Corporation of Greater Mumbai & Ors

...Respondents

Mr Santosh Suryawanshi, for the Applicant.

Mr RM Hajare, for the Respondent-BMC.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

PC:- INTERIM APPLICATION (L) NO. 9232 OF 2024 1.

Heard learned counsel for the parties.

2.

For the reasons set out in the Interim Application we recall our order dated 27th January 2023 in Writ Petition (L) No. 38594 of 2022.

Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2024.07.26 17:15:02 +0530 SUMEDH NAMDEO SONAWANE

3.

Interim Application is disposed of.

WRIT PETITION NO. 1048 OF 2024 4.

By a separate order, we have restored this Writ Petition. 5.

We now waive the office objections and direct the Registry to allot the regular number to this Petition.

6.

In this Petition, by our order dated 25th January 2024, we had recorded paragraph 3 as follows:

"3.

Mr Waghmare on behalf of the Municipal Corporation of Greater Mumbai ("MCGM") tells us that a hearing has been held on 31st October 2023. The reason an order has not been passed as yet is that the MCGM has communicated with the Slum Rehabilitation Authority ("SRA") in regard to a photo-pass on which the Petitioner relies. The SRA is not a party to the present Writ Petition. We do not want to delay matters by directing an amendment to implead SRA. That will only delay the entire Petition. We direct the appropriate authority in the SRA to respond to the MCGM query about the Petitioner's photo-pass within two weeks from today. The MCGM officer, The Assistant Engineer (B/F)-IV, P-N, P/North Ward will pass appropriate orders thereafter and in any event and subject to the response from SRA by 23rd February 2024."

7.

There is no clarity on whether our above directions have been complied with, even though our directions had to be complied with by 23rd February 2024. If our directions are not complied with, as

contended by the learned counsel for the Petitioner, we direct compliance by 22nd August 2024 at the latest. The reasoned order must be communicated to the Petitioner, if not already communicated, by 22nd August 2024.

8.

If the Petitioner is aggrieved by the reasoned order so communicated, it will be open to the Petitioner to challenge the same in accordance with law.

9.

With the above directions, we dispose of the Writ Petition. 10.

No costs (Kamal Khata, J) (M.S. Sonak, J)