Three writ petitions challenging rehabilitation inclusion were disposed of by directing petitioners to approach the Additional Municipal Commissioner as per prior PIL directions before filing writ proceedings.
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15.2181.18-wp+.odt
Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2021.12.14 10:24:55 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2181 OF 2018
Nilkantheswar Rahivashi Seva Sangh ….. Petitioner
Vs.
Municipal Corporation of Gr. Mumbai and Ors. ….. Respondents
WITH
WRIT PETITION NO.594 OF 2019
Shankar Mohan Kadam & Ors. ….. Petitioner
Vs.
Municipal Corporation of Gr. Mumbai and Ors. ….. Respondents
WITH
WRIT PETITION NO.441 OF 2019
Chauhan Savitridevi Phakirchand & Ors. ….. Petitioner
Vs.
Municipal Corporation of Gr. Mumbai and Ors. ….. Respondents
Mr. P. M. Havnur a/w. Sanjay Kharat for the Petitioners in Writ Petition 2181/2018 and 594/2019
Mr. Digvijay S. Patil I/b. Mr. Pankaj P. Devkar for the Petitioner in Writ Petition 441/2019.
Ms. Dhruti Kapadia a/w. Vandana Mahadik for the Municipal Corporation
Mr. Hemant Haryan AGP for the State in Writ Petition 2181/2018
Mr. S. B. Gore, AGP for the State in Writ Petition 441/2019 Mr. Sukunta Karmakar, AGP for the State in 594/2019
Basavraj G. Patil
1/3
15.2181.18-wp+.odt
CORAM: A.A.SAYED & ABHAY AHUJA, JJ.
DATED : DECEMBER 10, 2021
P.C.
1 We note that in the order dated 12th April 2019 in PIL (L) No.10 of 2018, the First Court, in paragraph No.5 has issued the following directions:
“5. Such persons who are aggrieved by non inclusion of their names in the list of persons entitled to rehabilitation would be entitled to file applications along with relied upon documents in the office of the Additional Municipal Commissioner (Eastern Suburb), Mumbai. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall give in writing a date for hearing to the person. On the date and time notified to the person, the Additional Municipal Commissioner (Eastern Suburb), Mumbai shall ensure that the Committee assembles and grants a hearing to the person. Reasoned order would be passed and would be supplied, duly authenticated, to the applicant. Such applicant who is aggrieved by the rejection would be entitled to file a writ petition in this Court challenging the rejection.”
2 In view of the above, we direct the Petitioners to file applications along with the documents in the Office of the Additional Municipal Commissioner (Eastern Suburb), Mumbai. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall give in writing a date of hearing. The Additional Municipal Commissioner (Eastern Suburb), Mumbai shall ensure that the Committee assembles and grants a hearing to the Petitioners and a reasoned order would be passed by the Committee. In the event, the
Basavraj G. Patil
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15.2181.18-wp+.odt
Petitioners/ Applicants are aggrieved they would be entitled to file a writ petition challenging the rejection.
(ABHAY AHUJA, J.)
(A.A.SAYED, J.)
Basavraj G. Patil
3/3
Nilkantheswar Rahivashi Seva Sangh
Shankar Mohan Kadam
Chauhan Savitridevi Phakirchand
Municipal Corporation of Gr. Mumbai
A.A.SAYED
ABHAY AHUJA
As recorded by the court registry
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