The Bombay HC disposed of a writ petition regarding demolition of petitioner structures. The court reserved the petitioners' right to apply for SRA accommodation while recording an undertaking to surrender existing allotments if assigned SRA premises.
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.
(922)-WPL-3094-18.doc
BDPSPS
Digitally signed byBharat BharatDasharath DasharathPandit Pandit Date: 2018.09.17 18:02:56 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.3094 OF 2018
Mohd. Salim Khan and others ..Petitioners Versus Office of Sub-Divisional Officer, Mumbai Suburban and others ..Respondents
Mr. Akash Rebello a/w Mr. Amit T. Dubey, Advocate for the Petitioners.
Mr. Milind More, AGP for the Respondent Nos.1, 2 & 5.
Mr. Rakesh Sawant, Advocate for the Respondent No.3.
Mr. Abhijeet Kulkarni, Advocate for the Respondent No.6.
CORAM: B. R. GAVAI &
M. S. KARNIK, JJ. DATE: 12th SEPTEMBER, 2018
P.C.:-
1] Petitioners have approached this Court on the ground that,
structures of the Petitioners are being demolished without alternative accommodation being provided to him.
2] Learned Counsel for Respondent No.3 submitted that all the Petitioners have been allotted alternative accommodation on regular
1/3
(922)-WPL-3094-18.doc
basis.
3] In that view of the matter, grievance of the Petitioners to that extent does not survive. However, learned Counsel for the Petitioners submitted that, Petitioners are also entitled to SRA allotment. The learned Counsel for the Petitioners therefore submitted that Petitioners' right to get accommodation in the SRA Project be reserved. He further submitted that on Petitioners being allotted premises in SRA Project, they would surrender the premises allotted to them by Respondent No.3.
4] In that view of the matter, we reserve the right of the Petitioners to apply to get accommodation in SRA Project. However, we record the undertaking given on behalf of the Petitioners that, in the event they are allotted any premises in SRA Project, they shall surrender the premises allotted to them by Respondent No.3.
2/3
(922)-WPL-3094-18.doc
would be considered in accordance with law.
(M. S. KARNIK, J.) (B. R. GAVAI, J.)
3/3
Mohd. Salim Khan and others
Office of Sub-Divisional Officer, Mumbai Suburban and others
B. R. GAVAI
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
