Petitioners seeking writ direction to restrain demolition in Nashik claimed rights under the Slum Act, 1971. The court held writ jurisdiction cannot adjudicate rehabilitation rights, which belong to competent authorities. Since encroachment was removed, the petition was disposed of as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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jpc/-
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7393 OF 2008
Smt. Meerabai Namdeo Ahire and othrs
.. Petitioners
Versus
The State of Maharashtra and others .. Respondents
Shri M.J. Jamdar, I/b Shri Sachin Gite for the Petitioners Ms. M.P. Thakur, AGP for Respondents 1, 2 and 4 to 6 Shri V. A.Gangal with shri A.D. Gade for respondent No. 3 Shri S. A. Sawant, I/b Shri S.D. Kadam for Respondents 7 to 10
CORAM: J. N. PATEL, &
MRS. MRIDULA BHATKAR, JJ. DATED: 11th June, 2009
P. C
mandamus in the nature of direction, restraining the respondents and their office
bearers from initiating any action in furtherance of demolition of any structure standing in Survey No. 311, situated at Gadge Maharaj Bridge, Panchavati, Nashik, without following due process of law and in the alternative, to provide any other accommodation by way of rehabilitation as per the State Government policy on
the ground that the petitioners are protected by virtue of Government Notification/GR issued under the Maharashtra Slum Area Improvement, Clearance and Re-development Act, 1971 ( the Slum Act) which entitles the slum dwellers to
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be rehabilitated, if they are having their structure on any land which is notified as slum under the Slum Act.
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(MRIDULA BHATKAR, J.) ( J. N. PATEL, J. )
2 issues framed by the court
Whether the High Court can adjudicate rights for rehabilitation under the Slum Act, 1971 under its writ jurisdiction.
Whether the petition to restrain demolition should be disposed of as infructuous due to the removal of encroachment.
3 provisions across 2 enactments
Smt. Meerabai Namdeo Ahire and others
The State of Maharashtra
J.N. PATEL
MRS. MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
