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Bombay High Court

Vilas C. Gaonkar vs Sameer Subhash Patil And 2 Ors on 8 February, 2019

Author: B.P.Colabawalla

Bench: S.C. Dharmadhikari, B.P.Colabawalla

                                                                      (903) wp-1658-12 & Ors..doc

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        ORDINARY ORIGINAL CIVIL JURISDICTION

                                     WRIT PETITION NO.1658 OF 2012

                 Sameer Subhash Patil                             ... Petitioner
                            Vs
                 The State of Maharashtra and Ors.                ... Respondents

                                                  WITH
                                      NOTICE OF MOTION NO.188 OF 2013

                                                  WITH
                                      NOTICE OF MOTION NO.180 OF 2016

                                                 WITH
                                    REVIEW PETITION (L) NO.72 OF 2017

                                                  WITH
                                      NOTICE OF MOTION NO.501 OF 2017

                                                WITH
                                  NOTICE OF MOTION (L) NO.737 OF 2017

                                                WITH
                                  NOTICE OF MOTION (L) NO.789 OF 2017

                                                WITH
                                  NOTICE OF MOTION (L) NO.800 OF 2017

                                                WITH
                                  NOTICE OF MOTION (L) NO.801 OF 2017

                                               WITH
                                    CHAMBER SUMMONS NO.105 OF 2018

                                                 WITH
                                     REVIEW PETITION (L) NO.2 OF 2019
                                                   IN
                                     CHAMBER SUMMONS NO.69 OF 2018



M.M.Salgaonkar                                                   Page 1 of 3




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                                                                       (903) wp-1658-12 & Ors..doc

                                                 WITH
                                      WRIT PETITION NO.547 OF 2017

                 Navin Mewalal Gupta                              ... Petitioner

                        Vs

                 State of Maharashtra and Ors.                    ... Respondents


                 Mr. Sandeep V. Bane for the Petitioner in Writ Petition No.1658 of
                 2012.

                 Mr. Hemant Haryan, AGP for the State.

                 Mr. G.D. Utangale a/w Mr. Chetan Mhatre I/b M/s. Utangale and
                 Company for MHADA-Respondent No.2 in Writ Petition No.1658 of
                 2012 and for Respondent Nos. 7 and 8 in Writ Petition No. 547 of
                 2017.

                 Mr. M.J. Nedumpara a/w Ms. Preeti Dambre I/b Ms. Rohini Amin
                 for Respondent No.3 in Writ Petition No.1658 of 2012, for
                 Respondent No.9 in Writ Petition No.547 of 2017, for Review
                 Petitioner in Review Petition (L) No. 72 of 2017 and Review
                 Petition (L) No.2 of 2019.

                 Mr. J.M. D'Silva for the Petitioner in Writ Petition No.547 of 2017.

                 Mr. Sharan Jagtiani a/w Ms. Deepa Pohuja, Srividya Venkat I/b J.
                 Law Associates for Respondent in Review Petition (L) No.2 of
                 2019.

                 Mr. Sagar Patil for Respondent Nos. 2 to 5 in Writ Petition No.547
                 of 2017.

                                         CORAM : S.C. DHARMADHIKARI &
                                                 B.P.COLABAWALLA, JJ.

FRIDAY, 08th FEBRUARY, 2019 M.M.Salgaonkar Page 2 of 3 ::: Uploaded on - 12/02/2019 ::: Downloaded on - 16/03/2019 14:50:06 ::: (903) wp-1658-12 & Ors..doc P.C. :

1 Having heard all the parties, we feel that interest of justice would be served, if following directions are issued, which are without prejudice to the rights and contentions of both parties:-
i) Let the Maharashtra Housing and Area Development Authority for whom Mr.Utangale appears file an affidavit and indicate as to what steps the said statutory authority proposes to take so as to assure the occupants/tenants that they will not only be paid the monthly compensation in lieu of temporary alternate accommodation, but their claim for permanent alternate accommodation would not be defeated or frustrated. If the MHADA has any proposal of acquiring this property, then, complete mechanism and scheme of such acquisition should also be indicated on this affidavit. Then, it is for this Court to pass an appropriate order in accordance with law.
ii) The affidavit be filed within two weeks.

[B.P.COLABAWALLA, J.] [S.C.DHARMADHIKARI, J.] M.M.Salgaonkar Page 3 of 3 ::: Uploaded on - 12/02/2019 ::: Downloaded on - 16/03/2019 14:50:06 :::