Anil Bhimsingh Kanojia v. The State Of Maharashtra Through Government Pleader

908.WP2443_2025.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2443 OF 2025 Anil Bhimsingh Kanojia & Ors.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents _______ Mr. R. D. Soni a/w Mr. Dharam Sharma, Ms. Uma Sharma i/b Dharam & Co for petitioner no. 1, 2, 4, 6 to 10 & 17.

Ms. Poonam Mittal, AGP for the State.

Ms. Ravleen Sabharwal i/b R.S. Justicia Law Chambers for SRA/respondent no. 4. Mr. Shakeeb Shaikh a/w Mr. Noorain Patel i/b Diamondwala & Co. for R. No. 5 Ms. Pushpa Yadav i/b Ms. Komal Punjabi for BMC Mr. Sarvesh Pandit, JE, G/South present.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

25 September 2025 P.C.

1.

We have passed an order on 22 September, 2025 seeking clarification on certain issues from respondent no. 5. In pursuance of the said order, respondent no. 5 through its authorized signatory Mr. Kirit Mehta has placed on record an affidavit dated 24 September, 2025, which according to respondent no. 5 would clarify the concerns as flagged by us in the order dated 22 September, 2025. 2.

We have perused such affidavit. Insofar as the issue as to whether the petitioners would be accommodated in the project in question, the position has not been clearly stated, as it only refers to the Minutes of the Meeting and that allotment would be undertaken to eligible beneficiaries, as to whether the

908.WP2443_2025.DOC petitioner is eligible and whether they would be granted permanent alternate accommodation was required to be clarified. Let the same be clarified by respondent no. 5 by further affidavit. As also the same be also clarified by the SRA and Municipal Corporation and more particularly what has been set out in clause (iii) page 13 of the affidavit filed today on behalf of respondent no. 5. 3.

We permit the petitioners to place on record rejoinder affidavit to the affidavit filed on behalf of respondent no. 5. Let the same be served in advance to all the parties.

4.

Stand over to 1 October, 2025 (H.O.B.).

(AARTI SATHE, J.) (G. S. KULKARNI, J.) Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 01/10/2025 10:49:20