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Bombay High Court

Grace Infracon And Property Developers ... vs Slum Rehabilitation Authority on 16 December, 2022

Bench: R.D. Dhanuka, M. M. Sathaye

                    Yugandhara Patil

                                                                          preacipe-WP(L)-37353-2022.doc

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

                                       WRIT PETITION (L) NO. 37353 OF 2022

                    Greace Infracon & Property
                    Developes (I) Pvt Ltd and Anr.                            ... Petitioners
                          Versus
                    Slum Rehabilitation Authority and Anr.                    ... Respondents

                                                 ******

Mr.Mutahha Khan i/b Mr. M. Rehan Chhapra for the Petitioners. Ms. Aparna Vhatkar for Respondent No1.

                                                 ******

                                                        CORAM: R. D. DHANUKA AND
YUGANDHARA
SHARAD                                                         M.M.SATHAYE JJ.
PATIL



Digitally signed
by
                                                        DATE       : 16th DECEMBER 2022
YUGANDHARA
SHARAD PATIL
Date:
                    P.C. :-
2022.12.22
10:39:58 +0530

1. Matter is mentioned, not on board.

2. Learned counsel for the petitioners tendered copy of the Writ Petition and copy of the order passed by the Division Bench of this Court dated 5th December 2022 in Writ Petition (L) No. 36716 of 2022, for our perusal and submits that similar order be passed in this Writ Petition.

3. Learned counsel for SRA has no objection if similar order is passed by this Court in this Petition. Statement is accepted. 1 /3 ::: Uploaded on - 22/12/2022 ::: Downloaded on - 09/01/2023 14:39:05 ::: Yugandhara Patil preacipe-WP(L)-37353-2022.doc

4. Rule. Learned counsel for respondent no.1 waives service. Rule made returnable forthwith.

5. By this Petition filed under Article 226 of the Constitution of the India, the Petitioners' seek writ of mandamus against respondent no. 2 to decide petitioner's proposal dated 2nd November 2022, in accordance with law and within the time prescribed. Said proposal is still pending for consideration of respondent no.2.

6. We accordingly direct respondent nos. 1 and 2 to decide the proposal of the petitioners in accordance with law and within eight weeks from today. The order that would be passed shall be communicated to the Petitioner within one week from the date of passing of the order.

7. If the proposal is decided in favour of the petitioners, the petitioners shall be granted consequential reliefs as prayed, as permissible in law, within four weeks thereafter. If the proposal is rejected, the petitioner is at liberty to file appropriate proceedings 2 /3 ::: Uploaded on - 22/12/2022 ::: Downloaded on - 09/01/2023 14:39:05 ::: Yugandhara Patil preacipe-WP(L)-37353-2022.doc permission in law.

8. The writ petition is disposed of on the aforesaid terms. No order as to costs. All the contentions of the parties are kept open.

9. Parties to act on authenticated copy of this order.

10. Praecipe is disposed of.

[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3 ::: Uploaded on - 22/12/2022 ::: Downloaded on - 09/01/2023 14:39:05 :::