Disposed

Ahmed Mohd. Mukri Shaikh (Deceased) through Ismail Shaikh Mohd Mukri v. Apex Grievance Redressal Committee Sra and 4 Others

Bombay HC10 Oct 2019WP/2873/2019

Case brief

AI extract

What is this about?

This group of writ petitions was disposed of as ancillary matters. Pending grievances require factual resolution by the Apex Grievance Redressal Committee. A Division Bench order stayed eviction, pending the Committee's final decision.

What did the court decide?

Petitions disposed; interim order stays eviction expeditious Committee disposal within three months; all contentions kept open.

Ahmed Mohd. Mukri Shaikh (Deceased) through Ismail… — Writ and Judicial Review | Bombay HC (2019)

¶1

906-OSWPL1403-19+.DOC

¶2

Atul

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1403 OF 2019

¶4

Vineet Tiwari...Petitioner
Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶5

WRIT PETITION (L) NO. 1404 OF 2019

¶6

Ahmed Mohd Mukri Shaikh (deceased) through ...Petitioner
Ismail Shaikh Mohd Mukri
Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶7

WRIT PETITION (L) NO. 1405 OF 2019

¶8

Sanjay Sawant...Petitioner
Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶9

WRIT PETITION (L) NO. 1407 OF 2019

¶10

Shailesh Ganpat Panchal...Petitioner
Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶11

WRIT PETITION (L) NO. 1410 OF 2019

¶12

Sharda Prasad Yadav through her CA Nandalal ...Petitioner
Yadav

¶13

Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶14

Page 1 of 5
10th October 2019

¶15

906-OSWPL1403-19+.DOC

¶16

WRIT PETITION (L) NO. 1411 OF 2019

¶17

Sharda Chadrabhushan Singh...Petitioner
Versus

¶18

Apex Grievance Redressal Committee SRA & Ors...Respondents

¶19

WRIT PETITION NO. 2530 OF 2019

¶20

Harish Darveshi...Petitioner
Versus
Apex Grievance Redressal Committee SRA & Ors...Respondents

¶21

WRIT PETITION NO. 2546 OF 2019

¶22

Irshad Ahmed Shaikh...Petitioner
Versus

¶23

Apex Grievance Redressal Committee SRA & Ors...Respondents

¶24

Mr Ajit Tamhane, with Ms Gunjan Tamhane, i/b Tamhane & Co.,
for the Petitioner in WPL/1403/19, WPL/1404/19, WPL/1405,
WPL/1407/19, WPL/1410/19, WPL/1411/19, WP/2530/19 &
WP/2546/19.

¶25

Mr Vijay D Patil, for Respondents Nos. 1 & 2 in all Petitions.

¶26

Ms Nutan Moily, for Respondent No. 3 in all Petitions.

¶27

Mr Kalpesh Patil, for Respondent No. 4 in all Petitions.

¶28

Ms Uma Palsuledesai, AGP, for Respondent-State in WPL/1403/19
& WPL/1405/19.

¶29

MrSB Gore, AGP, for the Respondent-State in WPL/1404/19 & WP/
2546/19.

¶30

MrRJ Mane, AGP, for Respondent-State in WPL/1407/19 &
WPL/1411/19.

¶31

Mr Sukanta Karmkar, AGP, for Respondent-State in WPL/1410/19
& WP/2530/19

¶32

Page 2 of 5
10th October 2019

¶33

906-OSWPL1403-19+.DOC

¶34

CORAM: S. C. Dharmadhikari &
G. S. Patel, JJ.
DATED:10th October 2019

¶35

PC:-

¶36

1.In this group of writ petitions a Division Bench of this Court
was pleased to pass the following order on 3rd May 2019:

¶37

“These petitions are filed by the occupants of slum
areas, which is under re-development. The petitioner
pointed out that against an order dated 22nd November
2018 passed by the Deputy Collector, Slum
Redevelopment Authority, the petitioners have filed an
application before the Apex Grievance Redressal
Committee and opposed the directions for eviction
contained in the said order dated 22nd November 2018.

¶38

2]In such proceedings, the said authority passed an
order on 11th January 2019 directing the petitioners to
shift to transit accommodation. The proceedings are kept
pending for further hearing.

¶39

3]Learned Counsel for petitioners submitted that
there are no basic amenities provided in the transit
accommodation. Additionally, we prima facie find that
when the petitioners grievance is against the directions
for eviction were pending before the Authority, keeping
such proceedings pending, would the petitioners be
directed to vacate the premises is also a relevant question.

¶40

4]No one appears for developer, though private
advance notice is served. Hence, issue notice returnable

¶41

Page 3 of 5
10th October 2019

¶42

906-OSWPL1403-19+.DOC

¶43

on 13th June 2019. By way of ad-interim relief, eviction of
petitioners is stayed.

¶44

5]This order will not enable any of the petitioners to
construct the premises which may have been demolished
or carry out any further construction in the existing
premises.”

¶45

2.A request was made to list these petitions because neither are
the grievances being redressed by appearing before the Committee
and enabling the Committee to dispose of the pending applications
nor in the writ jurisdiction of this Court it is in a position to resolve
the factual disputes and grievances in relation thereto.

¶46

3.In these circumstances, all parties agree that the order of 3rd
May 2019 shall operate as an interim order during the pendency of
the proceedings before the Committee. The Committee shall
appropriately decide the matter without being influenced by the
order of this Court dated 3rd May 2019. The Committee shall
endeavour and resolve all disputes in accordance with law. All
contentions of all sides are kept open.

¶47

4.The order passed by this Court shall continue to operate till
the Committee passes a final order on the pending applications.

¶48

5.We would request the Committee to resolve the disputes
between parties and decide the pending applications as

¶49

Page 4 of 5

¶50

10th October 2019

¶51

906-OSWPL1403-19+.DOC

¶52

expeditiously as possible and in any event within a period of three
months from the date of receipt of a copy of this order.

¶53

6. All the writ petitions are disposed of.

¶54

(S. C. Dharmadhikari, J)

¶55

(G. S. Patel, J)

¶56

Page 5 of 5
10th October 2019

Ahmed Mohd. Mukri Shaikh (Deceased) through Ismail Shaikh Mohd Mukri v. Apex Grievance Redressal Committee Sra and 4 Others

Case brief

What is this about?

What did the court decide?

Ahmed Mohd. Mukri Shaikh (Deceased) through Ismail Shaikh Mohd Mukri v. Apex Grievance Redressal Committee Sra and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Mr. Dadabhau Kalu Sonawane Vs Union of India Thru Attorney General and Ors.

Jitendra Jain Vs Arun Kumar Gupta and Anr.

M/S. Shivkrupa Construction Vs the State of Maharashtra and Ors.

Vineet Tiwari Vs Apex Grievance Redressal Committee Sra and 4 Ors.

Sanjay Sawant Vs Apex Grievance Redressal Committee Sra and 4 Ors.

Shailesh Ganpat Panchal Vs Apex Grievance Redressal Committee Sra and 4 Others