Disposed

Abid Ali Ahmed Ali Tanwar and 2 Ors. v. the Chief Executive Officer, Slum Rehabilitation Authority and 2 Ors.

Bombay HC6 Jan 2010WP/2138/2009

Case brief

AI extract

What is this about?

Petition for rehabilitation tenement allocation under Slum Rehabilitation Scheme. Court directed competent authority to consider petitioners' case within eight weeks if eligible.

What did the court decide?

Direction to respondent no. 4 to consider petitioners' case and take a decision on tenement allocation within eight weeks.

What the court decided

Abid Ali Ahmed Ali Tanwar and 2 Ors. Vs the… — Pension and Retirement Benefits | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 2138 OF 2009

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Abid Ali Ahmed Ali & Ors. .. Petitioners.

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vs.

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The Chief Executive Officer,

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Slum Rehabilitation Authority & Ors. .. Respondents.

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Mr. Machindra Deshmukh and Mr. Vilas Kolekar for the Petitioners.

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Mr. G.D. Utangale for the respondent no.1.

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Ms. Sarita Donde i/by A.S. Anand for respondent no.3.

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CORAM : J.N. PATEL, ACTING C.J. &

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B.R. GAV AI, J.

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DATE : 6TH JANUARY, 2010.

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P.C.

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Heard the learned counsel for the parties.

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This petition can be disposed of at the stage of admission

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itself. The petitioners have filed this petition for seeking rehabilitation as they qualify for being allotted tenements which have been constructed for the

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said purpose. It is their prayer that respondent nos. 1 and 2 be directed to allot 3 independent tenements of 225 sq. ft. carpet area to the petitioners in building no. A-4 on "I" Plot, Daulat Nagar, Santacruz (West) Mumbai or out of any other tenements as that may be determined by the Respondent Nos. 1 and 2 out of the 24 vacant tenements in the rehabilitation building which has been surrendered by the developer, respondent no. 3, to the respondent nos. 1 and 2 for the said purpose.

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It is the case of the petitioners that they are eligible for being allotted such tenements and their eligibility was decided as far back as in the year 2001 and that during the period 2001 to 2009, 25 rehabilitation tenements have been constructed but petitioners' case has not been considered for allocation of tenements in spite of the fact that they are held to be eligible. In the year 2008, the respondents have allotted residential tenements in the buildings known as A-1, A-2, A-3 and A-4 on "I" plot and 24 tenements are still available in the building known as A-4 on "I" plot.

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The learned counsel appearing for the respondents submits that the case of the petitioners can be considered by the competent authority and after examining their entitlement, necessary orders would be passed. The learned counsel for the petitioners states that the Court may specify the time period for considering the case of the petitioners by the respondent no. 4. i.e. Additional Collector (Enc.) Western Suburban, Bandra, Mumbai who is the competent authority. We, therefore, dispose of this petition with a direction to the respondent no. 4 to consider the case of the petitioners for

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allocation of the tenements under the Slum Rehabilitation Scheme in rehabilitation building no. A-4, "I" plot, TPS VI, Daulat Nagar, Santacruz (West), Mumbai if they are found to be eligible and take a decision in the matter in accordance with law within a period of eight weeks from the date of communication of this order.

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The petition stands disposed of accordingly with no order as to

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costs.

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(J.N. PATEL, ACTING C.J.)

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(B.R. GAVAI, J.)

Abid Ali Ahmed Ali Tanwar and 2 Ors. v. the Chief Executive Officer, Slum Rehabilitation Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Abid Ali Ahmed Ali Tanwar and 2 Ors. v. the Chief Executive Officer, Slum Rehabilitation Authority and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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