Raju Bhai Barad vs the Slum Rehabilitation Authority through Chief Executive Officer — Bombay HC (2025) — LawSathi Research

Raju Bhai Barad vs the Slum Rehabilitation Authority through Chief Executive Officer — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 122 days in filing the restoration Application condoned and the Interim Application allowed in terms of prayer clauses (A) and (B), subject to payment of costs of Rs.1,000/- per Applicant (totalling Rs.9,000/-) to the High Court Law Library, Mumbai, within two weeks; office objections to be removed within two weeks from payment of the cost, failing which the Petition shall stand dismissed without further reference to the Court.

Issue for consideration

Whether the delay of 122 days in preferring the application for restoration of Writ Petition (L) No. 31259 of 2023 should be condoned. +1 more

Court's answer

The Court accepted the Applicants' statement as an undertaking: each Applicant to pay Rs.1,000/- as cost, totalling Rs.9,000/-, to the High Court Law Library, Room No.39, 2nd Floor, Main Building, High Court, Mumbai, within two weeks from the date of uploading of the Order on the official website of the High Court of Bombay.

Ratio / Principle

Subject to payment of the aforesaid cost within the stipulated period, the delay of 122 days is condoned and the Interim Application is allowed in terms of prayer clauses (A) and (B).

Key takeaways

The Applicant/Petitioner is directed to remove office objections, if not removed till today, within two weeks from the date of payment of the cost to the Library, failing which the Petition shall stand dismissed without further reference to the Court.ratio¶26

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Coram: A.S. Gadkari & Kamal Khata, JJ. — Interim Application No. 3071 of 2024 in Writ Petition (L) No. 31259 of 2023, decided 24th January, 2025: Application by Raju Bhai Barad & Ors. for restoration of their Writ Petition, which had been dismissed for non-compliance of the directions issued by Notice dated 8th March, 2024. A delay of 122 days in preferring the Application was condoned upon the Applicants' undertaking, accepted by the Court, to pay costs of Rs.1,000/- per Applicant, totalling Rs.9,000/-, to the High Court Law Library, Room No.39, 2nd Floor, Main Building, High Court, Mumbai, within two weeks from uploading of the Order on the High Court's official website. The Application was allowed in terms of prayer clauses (A) and (B) subject to such payment, with a direction to remove office objections within two weeks of payment, failing which the Petition shall stand dismissed without further reference to the Court.

ssm 14-ial3071.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.3071 OF 2024

IN

WRIT PETITION (L) NO.31259 OF 2023

Raju Bhai Barad & Ors.

…..Applicants

Vs.

The Slum Rehabilitation Authority & Ors. …..Respondents

Mr. Altaf Khan a/w Adv. Mazhar Khan i/by Adv. Nilofar Sayyed for the Applicants.

Adv. Ravleen Sabharwal a/w Adv. Aarushi Yadav i/by RS Justicia Law Chambers for the Respondent Nos.1 and 2.

Mr. Shahajirao Shinde a/w Mr. Kuldip T. Pawar for the Respondent No.6AGRC.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 24^th JANUARY, 2025.

P.C.:-

This is an Application for restoration of Writ Petition (L) No.

31259 of 2023, which was dismissed for non-compliance of the directions

issued by Notice dated 8^th March, 2024.

1. There is a delay of 122 days in preferring present Application.

1. Mr. Khan, learned Advocate for the Applicants on instructions

submitted that, for condonation of the said delay in filling the Application,

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ssm 14-ial3071.2024.doc

the Applicants will pay a cost of Rs.1,000/- per Applicant totalling to Rs.9,000/- to the High Court Law Library, Room No.39, 2^nd Floor, Main Building, High Court, Mumbai, within a period of two weeks from the date of uploading of the present Order on the official website of the High Court of Bombay. The said statement is accepted as an undertaking given to this Court.

Subject to payment of aforesaid cost within stipulated period as noted above, delay is condoned and Application is allowed in terms of prayer clauses (A) and (B).

Applicant/Petitioner to remove office objections, if not removed till today, within a period of two weeks from the date of payment of the aforenoted cost to the said Library, failing which the Petition shall stand dismissed without further reference to this Court.

(KAMAL KHATA, J.)

(A.S. GADKARI, J.)

Digitally signed by SANJIV SANJIV SHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2025.01.31 10:22:02 +0530

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