Dismissed

Adarsh Ambedkar Seve Sangh v. Minicipal Corporation of Greater Mumbai and Anr.

Bombay HC25 Aug 2008WP/2357/2008

Case brief

AI extract

What is this about?

Petition challenged the Municipal Corporation's failure to conduct a survey of Anand Nagar as per a prior order. The Court found the survey completed and disposed of the petition, discharging summoned notices.

What did the court decide?

Petition disposed of; Show Cause Notice No.154 of 2007 discharged; Chamber Summons Nos.197, 391, 415, 446 of 2007 disposed.

Adarsh Ambedkar Seve Sangh Vs Minicipal… — Public Procurement and Tenders | Bombay HC (2008)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 WRIT PETITION (L) NO.369 OF 2007

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 Adarsh Ambedkar Seva Sangh .. Petitioner

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Vs.

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 Municipal Corporation of
 Greater Mumbai & Anr. .. Respondents

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 Mr.M.B.Jadhav for the petitioner

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 Mr.K.K.Singhavi, Sr.Advocate with Ms.A.K.Savla for
 respondent nos.1

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 Mr.Suresh Patil i/b M/s.Utangale & Co. for
 respondent nos.2

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 Mr.M.U.Khan for the applicant in Chamber Summons
 No.446 of 2007

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 CORAM : J.N.PATEL &
 K.K.TATED, JJ.

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DATED : 25TH AUGUST, 2008

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 P.C.:

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 1. Heard.

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 2. This petition is an off shoot of the

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 earlier petition filed by the petitioners which
 came to be disposed of by tendering minutes of the
 order i.e. Writ Petition No.1459 of 1997 on

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 16.12.97 wherein it was agreed in clause 3 of the

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 Minutes of the Order as under.

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 "The Respondents shall now conduct a survey
 of the entire Anand Nagar and shall prepare
 a separate list of those persons who are
 earlier protected by the Orders of this
 Hon’ble Court. The Respondents shall also
 prepare a list of the persons who are in
 existence prior to 01.01.1995 and also of
 those persons who have encroached in the
 said Anand Nagar after scrutinizing the
 documents in respect of their structures."

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 3. Further, the respondents agreed that they
 shall not take any action for demolishing unless
 and until the Survey of entire Anand Nagar is
 completed and will be at liberty to take action
 against the directors coming after 01.01.1995.

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 4. The petitioners have now approached this
 court by this petition by making a grievance that

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 respondent no.1 has failed to conduct the survey of
 the entire Anand Nagar pursuant to the order dated
 16.12.97 which was to be done within a period of
 two months rom the date of the order.

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 5. The respondents have filed the affidavit in
 reply of the Municipal Commissioner dated 30.04.07
 in which it is categorically stated that upon
 making aware of the court’s order on 09.04.07, he
 had immediately convened a meeting of all concerned
 and accordingly directed the Assistant Commissioner
 of K/West Ward to forthwith initiate steps to
 survey the entire Anand Nagar and comply with the
 Court orders dated 16.12.97 passed in Writ Petition
 No.1459 of 1997 and accordingly, the same has been
 completed by following the procedure of giving the
 public notice and calling upon the occupants to
 produce the necessary documents in support of their
 respective cases. Even individual notices have
 been issued upon the members of the petitioner
 Adarsh Ambedkar Seva Sangh, Mumbai registered under
 the Society. The learned counsel for the
 petitioner has pointed out that there are certain
 discrepancies in the list prepared by the

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 respondent corporation.

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 6. Mr.K.K.Singhvi, the learned counsel for the
 Municipal Corporation states that if those
 discrepancies are brought to the notice of the
 concerned official and if it is noted that they are
 crept in due to some error, the Corporation would
 immediately correct the entries and rectify the
 error. It is further submitted that now the
 proposal will have to be forwarded to the Slum
 Rehabilitation Area which can then examine the case
 and take steps in the matter of redevelopment to be
 undertaken in the subject plots and for
 rehabilitation of eligible slum dwellers in
 accordance with the scheme.

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 7. Therefore, in the facts and circumstances,
 we do not find that this court need further writ of
 mandamus as sought for in the petition. We make it
 clear that these persons did not find the names in
 the list prepared by the Corporation and claim that
 they are eligible to be so included for the purpose
 of being considered for rehabilitation and always
 approach the Slum Rehabilitation Area or High Power

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 Committee constituted by the State Government and
 get the rights determined and agitate their
 grievances.

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 8. Petition stands disposed of accordingly.
 In view thereof, Show Cause Notice No.154 of 2007
 issued to the respondent Corporation stands
 discharged. Chamber Summons No.197 of 2007, 391 of
 2007, 415 of 2007 and 446 of 2007 do not survive.

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 The same are also disposed of accordingly.

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 ( J.N. PATEL, J )

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 ( K.K. TATED, J )

Adarsh Ambedkar Seve Sangh v. Minicipal Corporation of Greater Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

Adarsh Ambedkar Seve Sangh v. Minicipal Corporation of Greater Mumbai and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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