Disposed

Kishore Ganesh Kamble and 8 Ors. v. Assistant Engineer and 5 Ors.

Bombay HC20 Aug 2019WP/2375/2019

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions concerning the eviction of respondents. The Court directed the Corporation to repair a building and replace a lift within specific timelines, in exchange for the occupants agreeing to shift upon completion.

What did the court decide?

Corporation to repair building within four weeks and replace lift within six months; occupants to shift after repairs.

Kishore Ganesh Kamble and 8 Ors. Vs Assistant… — Pension and Retirement Benefits | Bombay HC (2019)

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28 wp 2375 of 2019.doc

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

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WRIT PETITION NO.2375 OF 2019

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Kishore Ganesh Kamble and Ors.

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…Petitioners

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versus

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Assistant Engineer and Ors.

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…
Respondents

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WITH

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WRIT PETITION NO.3199 OF 2019

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Tulsidas Babu Umap and Ors. …Petitioners
versus
…
Assistant Engineer and Ors. Respondents

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Ms. Ronita Bhattacharya, for Petitioners.
Ms. Vandana Mahadik with Ms. Sheetal Metakari, for MCGM.
Mr. A.P.Kulkarni, for Respondent No.4.
Mr. Milind More, Addl. G.P., for State.
Mr. Sayeed Godad, A.E. (M) F/S Ward, present.
Mr. Pravin Bhosale, S.E.(M) F/S Ward, present.

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CORAM: S.J. KATHAWALLA & B.P.COLABAWALLA, JJ.

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DATE:16th DECEMBER, 2019

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P.C.:

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1. Writ Petition No.3199 of 2019 is not on board. Upon mentioning, taken on

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board.

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2. By the above Writ Petitions, the Petitioners seek directions against the Municipal Corporation of Greater Mumbai restraining them from evicting the Petitioners or taking any other coercive measures against them until they are served

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written notices clarifying the site of their rehabilitation.

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SSP 1/2

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28 wp 2375 of 2019.doc

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3.Nineteen Petitioners in the above two Writ Petitions have agreed to shift to
Building No.25, RNA Rockline, M(E) Ward, Chembur (Vashinaka), Mumbai – 400
074. However, the said building requires some repairs and the lift which was installed
earlier is not in repairable condition and needs to be replaced. The officer of the
Corporation who is present in Court undertakes through his Advocate to carry out
repairs to the building within a period of four weeks from today.

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4.The nineteen occupants undertake that immediately upon the repairs being
carried out as undertaken by the Corporation, they shall vacate their present
accommodation and shift to their respective flats allotted by the Corporation in
building No.25.

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5. The Corporation also undertakes to replace the lift within a period of six months from today.

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6. The above undertakings are accepted.

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7.In view of this order, nothing survives in the above Writ Petitions and the
same are accordingly disposed of.

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( B.P.COLABAWALLA, J. ) ( S.J.KATHAWALLA, J.)

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SSP

Kishore Ganesh Kamble and 8 Ors. v. Assistant Engineer and 5 Ors.

Case brief

What is this about?

What did the court decide?

Kishore Ganesh Kamble and 8 Ors. v. Assistant Engineer and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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