The High Court granted protection to petitioners, directing respondent authorities not to take coercive steps against their structures until stay applications by the petitioners are decided by the appellate forum.
Direction not to take any coercive steps against petitioners' structures until stay applications are decided.
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.
910 & 912. WPL 826-18 & 829-18.doc
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 826 OF 2018
Mr. Prafull Harishchandra Kamble ...Petitioner
Vs. Additional Collector (ENC)/(REM), & ors. ...Respondents
WITH
WRIT PETITION (L) NO. 829 OF 2018
Mr. Parimal Harishchandra Kamble ...Petitioner
Vs. Additional Collector (ENC)/(REM), & ors. ...Respondents
Mr. S.S. Sawant for the petitioners.
Mr. Paresh Shah, respondent No.3 – present in person.
Mr. A.C. Jadhav, Naib Tahsildar, Additional Collector Office, for respondent No.4.
CORAM : SHANTANU S. KEMKAR & M.S.KARNIK, JJ.
DATE : 15th MARCH, 2018.
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910 & 912. WPL 826-18 & 829-18.doc
P.C. :
Parties through their Counsel.
P.C. :-
The petitioner, in both the Petitions, has a remedy of tendering an appeal to the appellate forum objecting to the order passed by the Deputy Collector / Competent Authority, which is said to have been served upon him on 10.01.2018. The petitioners state that they will present the appeals raising challenge to the order passed by the Competent Authority within a period of one week from today together with applications seeking interim orders.
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910 & 912. WPL 826-18 & 829-18.doc
was only for four weeks. Respondent No.2 may demolish the petitioners' premises.
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910 & 912. WPL 826-18 & 829-18.doc
four weeks. We also expect that the Appellate Authority to decide the stay applications within two weeks from today and the appeals itself within three months.
( M.S.KARNIK, J.) (SHANTANU S. KEMKAR, J.)
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1 issue framed by the court
Whether to provide further protection to petitioners pending decision on stay applications by the appellate authority.
Mr. Prafull Harishchandra Kamble
Mr. Parimal Harishchandra Kamble
Additional Collector (ENC)/(REM)
Shantanu S. Kemkar
M.S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
