Rammurat Shitlaprasad Yadav vs The Commissioner Mmrda on 10 April, 2023

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Bombay High Court

Rammurat Shitlaprasad Yadav vs The Commissioner Mmrda on 10 April, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                                              P8-OSWPL-9687-2023.DOC




                       Shephali



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION (L) NO. 9687 OF 2023


                       Rammurat Shitalprasad Yadav & Anr                                   ...Petitioner
                            Versus
                       The Commissioner & Anr                                          ...Respondents

                       Mr Ram Singh, i/b Rajdeepsing D, for the Petitioner.
                       Mr Akshay Shinde, for the Respondent-MMRDA.

                                                     CORAM      G.S. Patel &
                                                                Neela Gokhale, JJ.

                                                     DATED:     10th April 2023
                       PC:-

1. The Petition was apparently wrongly mentioned before a Single Judge. Then it was mentioned before us at 2.30 pm today and we were requested to take it up at 4.30 pm. A second copy is to lodged by tomorrow morning.

SHEPHALI SANJAY MORMARE Digitally signed by

2. The Petitioners own land bearing Survey No. 135 Hissa No. SHEPHALI SANJAY MORMARE Date: 2023.04.10 17:20:47 +0530 11 CTS No. 2726, 2726/1 to 7 since 1971. The immediate apprehension is that the MMRDA and the Collector, Respondents Nos. 1 and 2 will demolish the Petitioners' structure(s) and evict the Petitioner and his family from the structure(s). The Petitioners' son is a doctor. The 1st Petitioner's wife has been arrested by the police today for obstructing the demolition.

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3. We do not know how the property can be demolished without some form of acquisition and compensation given that the Petitioners are the owners. There is no question of deciding "eligibility" if the Petitioners or the Petitioners' own family members are occupying the structure in question.

4. The MMRDA and the Collector will forthwith cease all demolition or eviction work until the next date. The Petitioner will give fresh notice. The matter will be listed on Monday, 17th April 2023. Until then neither MMRDA nor the Collector will take any action.

5. The Collector and MMRDA will act on production of an authenticated copy of this order and will not insist on a certified copy.

 (Neela Gokhale, J)                                        (G. S. Patel, J)
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