Petitioner sought writ intervention for commercial allotment. The authority admitted entitlement contingent on municipal permission. Petition dismissed.
Petition dismissed. Parties to bear costs. Petitioner permitted to apply to Corporation for permission within six weeks of allotment.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.171 OF 2007
Bhikaji Ratnu Jadhav ... Petitioner
Vs.
Slum Rehabilitation Authority & 5 Ors. ... Respondents
Mr. Rajesh Dixit i/b M/s. V.R. Tripathi & Associates for the Petitioner.
Mr. K.R. Belosey, Off. G.P. for the State.
Ms. A.K. Savla for the BMC.
Mr. G.D. Utangale i/b M/s. Utangale for the SRA.
CORAM : SWATANTER KUMAR, C.J. & SMT. RANJANA DESAI, J.
DATED : JULY 10, 2007.
P.C.:-
court that the Petitioner is entitled to commercial premises. All that the Petitioner now required to do is to seek the permission from the
Corporation to conduct the business, in accordance with law. Even
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the Affidavit in Reply filed on behalf of the Corporation confirms this. The relevant portion of the Affidavit in Reply reads thus:
“I say that as per the Annexure II the name of Shri Bhikaji Ratnu Jadhav being the petitioner herein is shown at Sr. No. 123 and the user of the hut is shown as “Commercial” and the area of the hut adm. 12.24 sq.mt. I say that on inspection of the site on 13.3.2007, it is seen that the hut is used as flour mill.”
Writ Petition is disposed of while leaving the parties to bear their respective costs. After the allotment, the Petitioner is at liberty to approach the Corporation for necessary permission and, if he does so, within a period of six weeks thereafter, the said Application be considered in accordance with law.
[CHIEF JUSTICE]
[SMT. RANJANA DESAI, J.]
Bhikaji Ratnu Jadhav
Slum Rehabilitation Authority
Swatanter Kumar
Ranjana Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
