Dismissed

Anita Rajesh Tiwari v. the Chief Executive Officer and 3 Ors.

Bombay HC10 Jul 2019WP/1894/2019

Case brief

AI extract

What is this about?

A writ petition seeking permanent alternative accommodation and arrears of rent for a slum dweller. The court rejected the prayer for accommodation as it was already addressed in a precedent judgment and ordered the petitioner to approach the SRA within four weeks for rent arrears.

What did the court decide?

Petitioner directed to approach SRA within four weeks for rent arrears; prayer for accommodation rejected referencing prior judgment.

Anita Rajesh Tiwari Vs the Chief Executive… — Pension and Retirement Benefits | Bombay HC (2019)

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16 wpl 1160 of 2018.doc

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

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WRIT PETITION (L) NO.1160 OF 2018

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Anita Rajesh Tiwari

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…Petitioner

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versus

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The Chief Executive Officer, SRA

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and Ors.

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…
Respondents

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Mr. S.G.Kudle, for Petitioner.

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Mr. Milind More AGP with Mr. Himanshu Takke, AGP, for Respondent No.2
Mr. M.M.Vashi, Senior Advocate with Ms. A. Deokar I/by M/s. M.P.Vashi
Associates, for Respondent Nos.3 and 4.

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CORAM: AKIL KURESHI & S.J. KATHAWALLA, JJ.

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DATE: 10th JULY, 2019

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P.C.:

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1. The learned Counsel for the Petitioner has pressed for following reliefs :

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“(b)This Hon'ble Court be pleased to issue the writ of mandamus
order, directions or any other order and directions or appropriate writ
in the nature of mandamus directing Respondents herein and more
particularly Respondent Nos.3 and 4 herein to accommodate the
Petitioner and similarly situated slum dwellers by way of allotting
them permanent alternate accommodation admeasuring 269 sq.ft.
carpet area forthwith without raising any eye-brows forthwith;

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(c)This Hon'ble Court further be pleased to declare that the
Petitioner and other similarly situated slum dwellers are entitled for
arrears of rent from the day their structures came to be demolished at
the rate of Rs.10,500/- per month and the said arrears be ordered to

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SSP 1/2

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16 wpl 1160 of 2018.doc

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be paid by the Respondent Nos.3 and 4 herein forthwith to the slum
dwellers including the Petitioner;”

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2.Learned Counsel clarified that the prayer for investigation against the
developer for alleged mis-deeds, being the nature of public interest, he would not press
the same in the present Petition keeping options of the Petitioner open. Permission
granted.

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3.Both the above mentioned prayers which the Petitioner has pressed before
us, was subject matter before us in Writ Petition No.1432 of 2018. We have given a
detailed reasons for not accepting prayer (b). Without recording separate reasons, in
the present case also, the said prayer is rejected with a rider that as recorded in the
aforesaid judgment, that the developer had in the past and presently also ready to allot
the dwelling unit of 225 sq.ft., which if the Petitioner desires, he may accept.

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4. Regarding rent for the earlier period, the Petitioner would approach the SRA authority within four weeks from today. If done, the application be decided on merits.

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5. The Writ Petition is disposed of in above terms.

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( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J. )

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SSP 2/2

Anita Rajesh Tiwari v. the Chief Executive Officer and 3 Ors.

Case brief

What is this about?

What did the court decide?

Anita Rajesh Tiwari v. the Chief Executive Officer and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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