Bombay High Court
Balrama Kariyappa Gowada vs Shivshambhu Sra Griha Nirman Sanstha ... on 9 August, 2023
Author: Neela Gokhale
Bench: G.S. Patel, Neela Gokhale
911-ASWP-6607-2023.DOC
Ganesh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6607 OF 2023
Balrama Kariyappa Gowada ...Petitioner
Versus
Shivshambhu SRA Griha Nirman Sanstha & Ors ...Respondents
Mr Balrama K Gowada, for the Petitioner in present.
Mr Ankit Dubey, for Respondent No.1.
Ms Sweta Shah, i/b Abhijit Kulkarni, for the Respondent-SRA.
Mr Kanhaiya S Yadav, for Respondent No.2.
CORAM G.S. Patel &
Neela Gokhale, JJ.
DATED: 9th August 2023 PC:-
1. The Petitioner is present in Court. The Petitioner's advocate appointed by legal aid is discharged.
2. We are unable to understand how the Petitioner can expect Digitally signed by GANESH greater relief than what is available to him in law. He is entitled to GANESH SUBHASH SUBHASH LOKHANDE LOKHANDE Date: transit rent and a cheque of Rs. 1,65,000/- was tendered on the last 2023.08.10 13:34:19 +0530 occasion. He first states that he is willing to accept it. This was given to him in Court today. There is also a Permanent Alternate Accommodation Agreement ("PAAA") which the Petitioner accepts can be signed. It would have to be registered. It is Page 1 of 3 9th August 2023 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 01:51:02 ::: 911-ASWP-6607-2023.DOC abundantly clear that the Petitioner is entitled to a PAAA according to the eligibility certified in the Annexure 2 and to an allotment of a permanent rehabilitation following a lottery process to be conducted by Slum Rehabilitation Authority ("SRA"). If the Petitioner is not allotted premises, he is always at liberty to approach the Court.
3. On behalf of SRA and the Developer we note the statements made that all attempts will be made to ensure that the Petitioner receives transit rent on time until permanent alternate accommodation is made available to him with a complete Occupancy Certificate.
4. The Petitioner insists that he wants other documents to be signed by the High Court or by individuals. We are not able to make such orders in a Writ Petition and certainly we cannot do so because the Petitioner appears in person or claims to have been intimidated by certain others. We have seen the Petitioner in Court and we have no evidence of him being intimidated by anything or anyone.
5. The Petitioner now says that he is unable to understand what is happening in Court. He simply seeks an adjournment. We find this astonishing. The Petitioner has been repeatedly applying for a priority listing. We gave him that. His filings were not in a proper manner. We handled that. He refused to effect proper service. We saw him through that too, though the advocates for the Respondents say they have been given only partial documents. The Petitioner says he is on the streets, has filed RTI applications, has spent Rs 18 lakhs on this litigation and then says there are two hutments shown.Page 2 of 3
9th August 2023 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 01:51:02 ::: 911-ASWP-6607-2023.DOC We cannot tell if he wants a dual entitlement or something else. None of what the Petitioner claims is his condition reconciles with his refusal to accept a substantial amount in a cheque ready today and in his name and the a fully prepared agreement for alternative accommodation.
6. Even with assistance from legal aid, the Petitioner has a problem. From the last advocate, whom we have just discharged, the Petitioner demands to know why the previous advocates did not appear; and until he receives an answer, refuses to give instructions or indicate what relief he seeks.
7. The cheque is to be retained with the registry. We accept the statement of the developer that the cheque will be replaced with a fresh one whenever the Court indicates. The unsigned PAAA is also retained on file.
8. Remove the matter from board.
(Neela Gokhale, J) (G. S. Patel, J) Page 3 of 3 9th August 2023 ::: Uploaded on - 10/08/2023 ::: Downloaded on - 11/08/2023 01:51:02 :::