Disposed

Mr. Hamid Hussain @ Hanif Navibaksha Shaikh v. Deputy Commissioner (Slum Improvement), Pune Municipal Corporation, Pune and Ors.

Bombay HC2 Sept 2015WP/10584/2013

Case brief

AI extract

What is this about?

The High Court held that a photo-pass issued to a third party cannot override the possession of the actual occupant. The petition was disposed of by granting liberty to the petitioner to make a fresh application for a photo-pass under Section 3Y of the Maharashtra Slum Areas Act, 1971, with a directive for within three months resolution.

What did the court decide?

Liberty granted to make a fresh application for issue of photo-pass under Section 3Y of the Act; directive that application shall be decided within three months.

Mr. Hamid Hussain @ Hanif Navibaksha Shaikh… — Pension and Retirement Benefits | Bombay HC (2015)

wp-10584.13

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶5

WRIT PETITION NO.10584 OF 2013

¶6

Mr. Hamid Hussain @ Hanif Navibaksha Shaikh … Petitioner Versus Deputy Commissioner (Slum Improvement) and Ors. … Respondents

¶7

Mr. Daulat G. Khamkar, for the Petitioner.

¶8

Mr. Abhijit Purushottam Kulkarni, for the Respondent Nos.1 and 2. Mr. V.P. Malvankar, AGP 'A' Panel, for Respondent No.3.

¶9

CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

¶10

DATE : 2^nd SEPTEMBER, 2015

¶11

P.C.

¶12

. Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the first and second Respondents. The grievance of the Petitioner is that though he is in possession of the room described in paragraph 2 of the Petition, a photo-pass has been issued in respect of the said room in the name of someone else though he was entitled to a photo-pass. He claims that the land on which the said room is situated has been declared as a slum in the year 2003 under the provisions of the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971.

1 of 3

wp-10584.13

A photo-pass under clause (b) of Section 3X of the said Act, 1971 can be issued in terms of Section 3Y by the State Government or any officer generally or specially authorised by the State Government in this behalf.

¶17

Therefore, the Petitioner will have to make an application to the appropriate officer who is empowered under Sub-section (1) of Section 3Y of the said Act of 1971 to issue a photo-pass.

¶18

By granting liberty to the Petitioner to make a fresh application for issue of photo-pass in accordance with Section 3Y of the said Act of 1971, we dispose of the Petition. If an application is made by the Petitioner to the authorised officer, the same shall be decided in accordance with law within a period of three months from the date on which the application is made. All contentions on merits are kept open.

¶19

(V.L. ACHLIYA, J )

(A.S. OKA, J )

2 of 3

wp-10584.13

Certified to be true and correct copy of the original signed

¶25

Judgment/order.

¶26

3 of 3

Mr. Hamid Hussain @ Hanif Navibaksha Shaikh v. Deputy Commissioner (Slum Improvement), Pune Municipal Corporation, Pune and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Hamid Hussain @ Hanif Navibaksha Shaikh v. Deputy Commissioner (Slum Improvement), Pune Municipal Corporation, Pune and 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

Coram

Case details

Similar cases

Kukreja Construction Co. and 3 Ors. Vs State of Maharashtra and 2 Ors.

Shri. Vilas Kamble Vs the State of Maharashtra, through Municipal Secretary, Urban Development Dept and Ors.

Smt. Bhagubai Girappa Herwade (Since Decd) through Lrs. Sau. Akkatai Sukhadev Shirase Vs the Special Land Acquisition Office No. 14 and Ors.

Love Dale Cooperative Housing Society Ltd. Vs Daisy Damania and Ors.

Mr. Gangadhar Karbhari Karpe and Ors. Vs Nashik Municipal Corporation through Its Commissioner and Ors.

Sumeet Facilities Private Limited through Its Authorised Signatory Deepak Raibole Vs the Medical Officer of Health and Ors.