Disposed¶17

Sachin S/O Shankarrao Kalbande v. Pramila Wd/O Chindhuji Sontakke and Others

Bombay HC4 Nov 2025WP/6706/2025

Case brief

AI extract

What is this about?

Writ Petition No.6706/2025, Bombay High Court Nagpur Bench, decided 04-11-2025 by Prafulla S. Khubalkar, J. [2025:BHC-NAG:11515]. Direction to Additional Collector, Nagpur (respondent no.27) to decide Slum Appeal No.5/Slum/ Nagpur/2025-26, filed under Section 35(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 against order dated 26-08-2025 of the Executive Engineer and Competent Authority (Slum) N.M.C., within six weeks after hearing all parties; status quo order dated 08-10-2025 to continue during pendency; no specific extension order passed on the 31-10-2025 application (“Heard. Submitted personally, Keep it on record”); writ petition disposed.

What did the court decide?

Direction to respondent no.27, the Additional Collector cum Appellate Authority, to decide Slum Appeal No.5/Slum/ Nagpur/2025-26 within six weeks after affording an opportunity of hearing to all parties; clarification that the status quo order dated 08-10-2025 shall continue to operate during the pendency of the appeal.

2.Petitioner's primary grievance is against the manner in which respondent no.27-Additional Collector, Nagpur, has conducted the proceedings particularly while entertaining the application for extension of status quo order dated 08-10-2025 which was passed in Slum Appeal No.5/Slum/ Nagpur/2025-26. It is pointed out that the petitioner had filed an appeal under Section 35(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, against order dated 26-08-2025 passed by the Executive Engineer and Competent Authority (Slum) N.M.C., Civil Lines, Nagpur. In the said appeal, the competent authority i.e. Additional Collector, Nagpur has passed order dated 08-10-2025, thereby directing the parties to maintain status quo till next date i.e. till 31-10-2025. Thereafter, on 31-10-2025, an application for extension of status quo was filed by the appellant, on which the Additional Collector has only passed an order “Heard. Submitted personally, Keep it on record”. Learned Counsel for the petitioner therefore submits that there are no specific orders of extending status quo

despite the specific application filed by the petitioner. As a result, although the appeal is pending in which an order of status quo was granted on 08-10-2025, during the pendency of appeal the petitioner apprehends action based on the order impugned in the appeal.

3.Considering this limited controversy involved in the petition, it will be in the interest of justice to direct the appeal to be decided on merits within a stipulated time after affording an opportunity of hearing to all the parties.

4.Learned AGP appears for respondent no.27 before whom the statutory appeal is pending and Mr. Kasat, who appears on Caveat for respondent nos.18 to 22, 25 and 26, do not dispute the position that the appeal is pending and needs to be decided on merits.

5.In view of this, writ petition is disposed of by directing respondent no.27 the Additional Collector cum Appellate Authority to decide the appeal bearing Slum Appeal No.5/Slum/ Nagpur/2025-26 within a period of six weeks from today after affording an opportunity of hearing to all the parties.

Sachin S/O Shankarrao Kalbande v. Pramila Wd/O Chindhuji Sontakke and Others

Case brief

What is this about?

What did the court decide?

Sachin S/O Shankarrao Kalbande v. Pramila Wd/O Chindhuji Sontakke and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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