Tanveer Mazhar Khan v. State Of Maharashtra Thr Government Pleader And ORS

Digitally signed by KAWRE KIRAN KALYAN Date:

2025.12.20 16:06:11 +0530 910-WP-3055-2024.DOC KAWRE KIRAN KALYAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3055 OF 2024 WITH INTERIM APPLICATION (St.) NO. 39874 OF 2025 Tanveer Mazhar Khan

...Petitioner

Versus

State of Maharashtra & Ors.

...Respondents

_______ Mr. Mathew Nedumpara a/w Sweta D. i/b Nedumpara & Nedumpara for Petitioner.

Ms. Savita Prabhune, AGP for Respondent No.1. Mr. Milind More for Respondent No.2 / AGRC.

Mr. J. G. Aradwad (Reddy) for Respondent No.3. Mr. Rohan Sawant a/w Viraj Jadhav i/b Chinmay Acharya for Respondent No.5. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

18 DECEMBER 2025 P.C.

1.

This petition under Article 226 of the Constitution of India praying for the following reliefs:

"a). That a writ of Certiorari, writ of Mandamus or any other appropriate writ, order or direction be issued calling for the records and proceedings from the office of the Respondent No. 2 and as per impugned Order dated 16th June, 2023 passed by the Respondent No. 2 the Respondent No. 5 be directed to comply the directions and the Notice dated 4.7.2023 be quashed and set aside; b). That a writ of Certiorari, writ of Mandamus or any other appropriate writ, order or direction be issued to Respondent No. 3 and before complying the directions of the Respondent No. 2 by the Respondent No. 5 till than the Notice dated 4.7.2023 be stayed and the Respondent No. 3 be stopped from taking any action against the slum structure of the Petitioner;"

2.

Before we could take up the proceedings for adjudication including on the opposition as set up on behalf of the respondents, Mr. Sawant, learned counsel for respondent No.5, on instructions submits that the petitioner being eligible, his 18 December 2025 Kiran Kawre

910-WP-3055-2024.DOC clients are ready and willing to enter into a Permanent Alternate Accommodation Agreement with the petitioner, as also the transit rent which is paid to other slum dwellers can also be paid to the petitioner from the date the possession of the structure of the petitioner / demolition had taken place. 3.

Mr. Nadumpara, on instructions, would accept such contentions as urged on behalf of respondent No.5.

4.

In our opinion, the parties have taken a fair stand. The petition therefore ought not to be taken forward and can be conveniently disposed of in terms of the following orders:

ORDER

(i) Let a Permanent Alternate Accommodation Agreement with the petitioner be entered by respondent Nos.4 and 5 within a period of 15 days from today. Needless to observe that the agreement would be on similar terms as entered with the other slum dwellers. (ii) The petitioner shall also be paid transit rent as being offered to other slum dwellers. However, in regard to any contention of the petitioner that the same is insufficient or the petitioner would be entitled to an enhanced amount of transit rent, we keep open all contentions of the parties.

5.

The petition is accordingly disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) 18 December 2025 Kiran Kawre