High Court Bench directed District Collector to examine unauthorized occupier claims before eviction of named applicants, allowing four weeks for inquiry while eviction proceeds against others.
Stay of eviction order against applicants pending claim examination by District Collector within four weeks.
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.
CAI.107/2010
1
acd
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 107 OF 2010 IN
PUBLIC INTEREST LITIGATION NO. 36 OF 2010
Smt. Nanda Rampal Valmiki & Ors.
..Applicants.
Vs.
The State of Maharashtra & Ors.
...Respondents.
Mr.Vishwasrao Deokar with Ujwala S.Waychal, for Applicants. Mr. S.V. Sakhare, for the Petitioners. Ms. Jyoti Pawar, Additional GP for Respondent Nos.1 to 3. Mr. Uday Warunjikar, for Respondent No.5.
CORAM: MOHIT S. SHAH C.J. AND S.C. DHARMADHIKARI, J.
DATE : 1st JULY. 2010.
P.C.
1] The applicants/Interveners claim to be authorized occupants
of the land in question and on that basis pray that they be added as party respondents. The applicants have further prayed that they are authorised occupants and order of eviction dated 22.4.2010 passed by the Authority may not be implemented till the disposal of the PIL.
2] Without going into the merits of the controversy between the parties, we direct respondent no.3the District Collector, Solapur or officer authorised by the District Collector not below the rank of Deputy Collector
CAI.107/2010
2
to examine the claim of the applicants and also whether the applicants are authorised occupants of the land in question.
3] As far as the other persons to whom the notices are issued by the Authority with regard to unauthorised occupancy, the concerned Authority shall proceed with the eviction proceedings.
4] Till the applicants’ claim is examined by the District Collector or his authorised officer, applicants shall not be evicted. This direction is given in view of the assurance given by the learned counsel for the applicants that they will cooperate with the Collector or the authorised officer in completion of the inquiry in the applicants’ claim. Inquiry to be completed within four weeks.
5] Civil Application stands disposed of.
CHIEF JUSTICE
S. C. DHARMADHIKARI, J.
Smt. Nanda Rampal Valmiki & Ors.
The State of Maharashtra & Ors.
MOHIT S. SHAH
S. C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
