Dismissed

Shyamsundar Maman Kandera v. Assistant Engineer Assistant Municipal Commissioners Office and 6 Ors.

Bombay HC23 Feb 2018WP/736/2018

Case brief

AI extract

What is this about?

The High Court directed the Appellate Authority of the Municipal Corporation to decide the appellant's appeal within three months. The court held the petitioner ineligible for eviction and demolition until the appeal was resolved, allowing ad-interim relief to continue. No adjudication on eligibility or rehabilitation methods was made.

What did the court decide?

Order to Appellate Authority to decide appeal within three months; eviction and demolition stayed until appeal decided and ad-interim relief communicated.

Shyamsundar Maman Kandera Vs Assistant Engineer… — Specific Performance | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.374 OF 2018

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Shyamsundar Maman Kandera vs. Assistant Engineer Assistant Municipal Commissioners Office and Ors.

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..Petitioner

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...Respondents

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Mr. S. Chinappa and Mr. Kranti L.C. for the Petitioner. Ms.Pallavi Thakar for the Respondent-BMC. Mr.Anoop Patil for the Respondent-SRA. Mr. U.S.Upadhyay, AGP for the Respondent-State.

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CORAM : A.S. OKA & P. N. DESHMUKH, JJ. DATE : 23^rd FEBRUARY, 2018

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P.C.:

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. Heard the learned counsel for the Petitioner and the learned counsel for the Respondent Nos.1 to 3. The order dated 6^th February 2018 records the statement of the contesting parties that the first floor of the subject structure has been demolished, but the ground floor of the subject structure is intact.

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The Petitioner is held to be ineligible for grant of alternate accommodation. On 9^th November 2017, the Petitioner has preferred an appeal before the concerned authority of the Mumbai Municipal Corporation which is stated to be pending.

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Unless the appeal is decided, the Petitioner cannot be evicted from the ground floor structure and the structure cannot be demolished.

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Hence, the petition need not be kept pending and the same is disposed of by passing the following order:

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ORDER

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i) We direct the Appellate Authority of the Municipal Corporation to decide the said appeal within a period of three months from

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today;

ii) In the event, the Petitioner is held to be eligible for allotment of alternate accommodation or for rehabilitation, a copy of the order passed in appeal along with a letter of offer for rehabilitation containing all particulars shall be sent to the Petitioner;

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iii) Till the disposal of the appeal and communication of the order in appeal to the Petitioner, ad-interim relief granted on 6^th February 2018 shall continue to operate. If the order be adverse to the Petitioner, the said ad-interim relief will continue to operate for a period of three weeks from the date of communication of the order to the Petitioner;

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iv) We make it clear that we had made no adjudication on the issue of eligibility of the Petitioner. We make it clear that the issue as regards the manner in which the Petitioner can be rehabilitated, is also expressly kept open;

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v) The petition is disposed of in the aforesaid terms.

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(P.N. DESHMUKH, J)

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(A.S. OKA, J.)

Shyamsundar Maman Kandera v. Assistant Engineer Assistant Municipal Commissioners Office and 6 Ors.

Case brief

What is this about?

What did the court decide?

Shyamsundar Maman Kandera v. Assistant Engineer Assistant Municipal Commissioners Office and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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