Vinay Kumar Dubey vs The Chief Officer, Ambernath ...
2021 Latest Caselaw 6767 Bom

                                            1    / 2                           12-WP-ST-9604-2021.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
                      WRIT PETITION (ST) NO. 9604 OF 2021
Vinay Kumar Dubey                                          ...        Petitioner
      Versus
The Chief Officer, Ambernath Nagar Parishad,
District-Thane and others                 ...                         Respondents
                                            .........
Mr. Jitendra Mishra alongwith Mr. Ashutosh Mishra for the Petitioner.
Ms. R.M. Shinde, AGP for the State.
                               .........
                                         CORAM : S.J. KATHAWALLA AND
                                                       PRITHVIRAJ K. CHAVAN, JJ.

                                         DATED :       APRIL 27, 2021.

P.C. :-

1. By the above Writ Petition, the Petitioner seeks the following

reliefs :

"(a) This Hon'ble Court be pleased to issue writ of mandamus, writ in the nature of mandamus and/or any other appropriate writ, order and direction thereby calling for the records leading to issuance of notice dated 09.02.2021 (Exhibit F hereto) and on examination of the same be pleased to quash and set aside the said notice dated 09.02.2021.

(b) This Hon'ble Court be pleased to direct the Respondents to provide permanent alternate accommodation to the Petitioner in lieu of the said

Kanchan P Dhuri

2 / 2 12-WP-ST-9604-2021.odt

premises viz. Shop No.2, admeasuring 120 sq.ft. and Room No.2, admeasuring 150 sq.ft., situated on the ground floor of Dighe Building, Hanuman Lane Road, Khuntavali, Ambernath (West), Thane - 421 501 and till then, to provide temporary alternate accommodation to the Petitioner."

2. Respondent No.1 - Ambernath Nagar Parishad has already

acted upon the notice dated 9th February, 2021 (Exhibit 'F' to the

Petition). In view thereof, the reliefs sought in the Writ Petition

cannot be granted, save and except that when the Respondent No.1

grants IOD to the landlord/developer to redevelop the property, they

shall ensure that all the provisions of law are complied with

including the ratio laid down in the Judgment of this Court, in

Municipal Corporation of Greater Mumbai Vs. State of Maharashtra

and others1.

3. The above Writ Petition is accordingly disposed off.

( PRITHVIRAJ K. CHAVAN, J. )                      ( S.J. KATHAWALLA, J. )




1    2014(6) BCR 860



Kanchan P Dhuri