Dismissed

Sangamlal Dashrath Chaurasia v. the State of Maharashtra and 5 Ors.

Bombay HC22 Apr 2010WP/75/2010

Case brief

AI extract

What is this about?

A writ petition regarding eligibility for allotment under the slum rehabilitation authority where the petitioner approached the High Power Committee without filing an appeal to the Appellate Authority first. The court quashed the High Power Committee order and permitted an appeal. The petition is disposed of; the High Power Committee order was repealed; and the petitioner is permitted to prefer an

What did the court decide?

The impugned order of the High Power Committee dated 7-3-2009 is quashed and the petitioner is permitted to prefer an appeal before the Commissioner, Konkan Division within 30 days.

1.The learned counsel appearing for the petitioner submits that the petitioner approached the High Power Committee impugning the order passed by the Deputy Collector (ENC & R) and Competent Authority, Mulund, Mumbai, rejecting the eligibility of the petitioner under the slum rehabilitation authority for allotment of a tenement in Beenakumari Co-op. Society. It is the case of the petitioner that he is entitled for an independent tenement as

2.The learned counsel appearing for the petitioner fairly conceded that the petitioner, without exhausting the statutory remedy of appeal, approached the High Power Committee and, therefore, this Court may grant a fair opportunity to the petitioner to prefer an appeal before the competent authority against the order passed by respondent No.2.

3.We, therefore, find that the petitioner having directly approached the High Power Committee without approaching the Appellate Authority, has lost one forum to redress his grievances. Therefore, we quash the impugned order dated 7-3-2009 passed by the High Power Committee and permit the petitioner to prefer an appeal before the Commissioner, Konkan Division. It is submitted that the Appellate Authority would take into consideration that the petitioner was agitating the matter in a superior forum without approaching it and entertain the appeal by condoning the delay, if the appeal is preferred within 30 days from the date of passing of the order and would not be

influenced by the decision of the High Power Committee. On such appeal being preferred, it will be open for the petitioner to apply to the Appellate Authority to expeditiously dispose of the appeal. The petition stands disposed of accordingly.

Sangamlal Dashrath Chaurasia v. the State of Maharashtra and 5 Ors.

Case brief

What is this about?

What did the court decide?

Sangamlal Dashrath Chaurasia v. the State of Maharashtra and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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