Disposed

Ashok Ramji Gala and Ors.(Applicant) (Org.Petitiioners) v. Slum Rahabilitation Authority and Ors.

Bombay HC10 Mar 2014NMW/269/2013

Case brief

AI extract

What is this about?

In a writ petition regarding shop reconstruction under a Slum Rehabilitation Authority scheme, the High Court disposed of a Notice of Motion for interim relief after finding it did not survive a prior order directing the parties to approach the appropriate court.

What did the court decide?

Notice of Motion disposed of; liberty granted to apply for fixed date of hearing.

Ashok Ramji Gala and Ors.(Applicant)… — Constitutional and Fundamental Rights | Bombay HC (2014)

(NMW 269 of 2013)

VAT

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

¶5

NOTICE OF MOTION No. 269 OF 2013 IN

¶6

WRIT PETITION No.798 OF 2013

¶7

Ashok Ramji Gala and Ors. ...Applicants Petitioners

¶8

Vs.

¶9

Slum Rehabilitation Authority and Ors. ...Respondents

¶10

¶11

Mr.Altaf Khan for Petitioners Mr.B.V. Phadnis i/b. Uttangale & Co. for Respondent No.1 Mr.R.J. Mane- AGP for Respondent No.2 Mr.P.R. Kadam for Respondent No.4 Mr.Kamlesh Ghumase for Respondent No.5

¶12

¶13

CORAM : V. M. KANADE & A.K. MENON, JJ.

¶14

DATE : MARCH 10, 2014

¶15

P.C.

¶16

The Petitioners have taken out the Notice of Motion, seeking the following reliefs:

¶17

“(A) Pending the hearing and final disposal of this Petition, this Hon'ble Court be pleased to permit the Petitioners to reconstruct their demolished shop at the original place at their own cost by directing the developer to provide them proper land for such

1/3

(NMW 269 of 2013)

purpose of reconstruction of respective shops of the Petitioners and this Hon'ble Court be further pleased to permit these Petitioners to conduct their respective business from their such reconstructed their shops till the final disposal of present Petition.

¶22

¶23

(B) In the alternative, pending the hearing and final disposal of this Petition, this Hon'ble Court may be pleased to direct the SRA, the Competent Authority and the developer to provide alternative temporary shop to these Petitioner having equivalent locational advantages and having income restoration capacity of respective Petitioners in respect of their respective business within a time bound manner.

¶24

¶25

(D) Any other relief as this Hon'ble Court deems fit and proper may be granted in favour of the Petitioners in the facts and circumstances of the case.”

¶26

The learned counsel appearing on behalf of the Respondents has raised a preliminary objection regarding maintainability of the

2/3

(NMW 269 of 2013)

petition. It is submitted that the Petitioners have already amended their prayer clauses and added prayer clauses (D-1), (F-1), (F-2) and (G-1). It is submitted that this Court had declined to grant any interim order and had permitted the Petitioners to approach either to the Small Causes Court or to the appropriate Authority. It is submitted that, therefore, this Notice of Motion is taken out by the Petitioners.

¶31

In our view, there is much substance in the submissions made by the learned counsel appearing on behalf of the Respondents. The writ petition has been admitted by this Court. The structure in which the Petitioners were carrying on their business, has already been demolished. Thereafter, the Petitioners have amended the petition. This Court, by order dated 28^th August, 2013, has directed the Petitioners to move before the appropriate Court. It appears that this Notice of Motion was taken out before the said order was passed. In our view since no reliefs were granted by this Court, the Notice of Motion does not survive. Notice of Motion is, accordingly, disposed of. Liberty is granted to the Petitioners to apply for fixed date of hearing.

¶32

[A.K. MENON, J.]

¶33

[V. M. KANADE, J.]

¶34

VAISHALI TIKAM

¶35

3/3

Ashok Ramji Gala and Ors.(Applicant) (Org.Petitiioners) v. Slum Rahabilitation Authority and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Ramji Gala and Ors.(Applicant) (Org.Petitiioners) v. Slum Rahabilitation Authority and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nahalchand Laloochand Pvt. Ltd. Vs Municipal Corporation of Greater Mumbai and Ors.

Anurag Sarda Vs Union of India through General Manager

Anurag Sarda Vs Union of India through General Manager and 2 Anr.

Kayem Pharmaceuticals P. Ltd. Vs the State of Maharashtra, through Secretary Deapartment Food and Drug and Ors.

Fedelty Healthcare Pvt. Ltd. Vs the State of Maharashtra and Ors.

Sandeep Vasant Bane and Anr. Vs the State of Maharashtra and Ors.