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Bombay High CourtWP/14048/2024disposed off

Laxmi Nanu Dhodade v. State Of Maharashtra

2024-10-14Hon'Ble Justice Sharmila U. Deshmukh3 pages

2024:BHC-AS:40792 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14044 OF 2024 Mahadeo Laxman Bhuyal And Ors.

...Petitioners.

Versus

State of Maharashtra And Ors.

...Respondents.

WRIT PETITION NO.14045 OF 2024 Dinesh Tukaram Kadav

...Petitioner.

Versus

State of Maharashtra

...Respondent.

WRIT PETITION NO.14046 OF 2024 Manku Babu Choudhari

...Petitioner.

Versus

State of Maharashtra

...Respondent.

WRIT PETITION NO.14047 OF 2024 Ratan Babu Chavan

...Petitioner.

Versus

State of Maharashtra

...Respondent.

WRIT PETITION NO.14048 OF 2024 Laxmi Nanu Dhodade

...Petitioner.

Versus

State of Maharashtra

...Respondent.

WRIT PETITION NO.14049 OF 2024 Bhalchandra Shankar Kurhade

...Petitioner.

Versus

State of Maharashtra

...Respondent.

WRIT PETITION NO.14050 OF 2024 Parvati Shankar Mahale

...Petitioner.

Versus

State of Maharashtra

...Respondent.

1 of

------ Adv. Surel Shah i/b Abhijit Kadam a/w Sonali G. Sase, Ashish Chavan for the Petitioners.

Adv. Anil Anturkar, Sr. Advocate a/w Shashikant Surana, Madhur Surana i/b Aanchan Sumanth for Respondent No. 6.

Adv. Atul Damle, Sr. Advocate i/b Uma Palsuledesai for Respondent (SRA). Adv. Tanaya Goswami for the Respondent (AGRC) Adv. J. P. Patil, AGP for Respondent No. 1 in WP/14044/2024. Adv. Hamid Mulla, AGP for Respondent No. 1 in WP/14045/2024. Adv. Savita Prabhune, AGP for Respondent No. 1 in WP/14046/2024. Adv. P. V. Nelson Rajan, AGP for Respondent No. 1 in WP/14047/2024. Adv. R. S. Pawar, AGP for Respondent No. 1 in WP/14048/2024. Adv. Priyanka Chavan AGP for Respondent No. 1 in WP/14049/2024. Adv. B. B. Dahiphale, AGP for Respondent No. 1 in WP/14050/2024. ------ Coram : Sharmila U. Deshmukh, J.

Date : October 14, 2024.

P. C. :

1.

Petitions have been moved urgently for the reason that though the Appeals challenging the orders passed under Section 33/38 of the Slum Areas (Improvement And Clearance) Act, 1956 [for short the "Slum Act"] were circulated before the Appellate Authority, before being heard, the notice for eviction had been issued to the Petitioners. 2.

Learned Senior Advocate for the Petitioners would submit that the Appeals were not numbered as the certified copy of the impugned order was not annexed to the Appeals. Considering that while the Petitioners were in the process of prosecuting the Appeals which were to be circulated for hearing the notices for eviction are passed for evicting the Petitioner within 48 hours, it would be appropriate if the Appeals are heard expeditiously by AGRC as far as notices under Section 33/38 of Slum Act are concerned. The AGRC is requested to hear the Petitioners on 18th October, 2024. The Appeals to be taken on 2 of

record without insisting on the certified copy of the impugned order being annexed to Appeals.

3.

In view of the fact that the issue is as regards the development of the Slum Scheme, AGRC is requested to decide the Appeals expeditiously and in any event on or before 29th November, 2024. In event, any adverse order is passed against the Petitioners, the same not to be implemented for a period of two weeks from the date of service of the orders upon the Petitioners.

4.

Petitions stands disposed of in the above terms. [Sharmila U. Deshmukh, J.] 3 of Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 15/10/2024 14:51:34