Navin Khimji Chheda v. The State Of Maharashtra

ssm 13-wp687.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 687 OF 2024 Navin Khimji Chheda .....Petitioner Vs.

The State Of Maharashtra & Anr.

.....Respondents _____________________________________________ Mr. Ajay Talreja for the Petitioner.

Ms. Gaurangi Patil, AGP, for the Respondent-State. Mr. Chaitanya Chavan a/w Adv. Pushpa Yadav for the Respondent No.2BMC. Mr. Sandeep Deshpande, Asstt. Engineer Maint. T Ward and Ms. Minakshi Rathod, Sub-Engineer Roads present.

___________________________________________ CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 3rd FEBRUARY, 2025.

P.C.:- 1) Learned Advocate for the Respondent No.2-BMC submitted that, there is an error in first sentence of paragraph No.1 of Order dated 16th December, 2024. He submitted that, the word "not" between the words 'is' and 'eligible' appearing in the second line of paragraph No.2 has erroneously not been typed.

1.1) That, as a matter of fact, the Petitioner is not eligible for monetary compensation for his commercial establishment. 2) In view thereof, after inserting the word "not" in second line of paragraph No.1, the said sentence would read as under:- 1/2

ssm 13-wp687.2024.doc "1) Learned Advocate appearing for Respondent No.2 on instructions submit that the Petitioner is not eligible for monetary compensation for his commercial establishment. Learned Advocate for Respondent No.2 seeks time to place the said fact on record by way of affidavit." 3) Order dated 16th December, 2024 be corrected accordingly and corrected Order be uploaded on the official website of Bombay High Court. 4) Learned Advocate for the Petitioner seeks further time to take instructions.

5) At his request, stand over to 10th February, 2025. 6) To be listed under the caption "for directions". (KAMAL KHATA, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2025.02.06 17:03:22 +0530 SANJIV SHARNAPPA MASHALKAR 2/2