Danabhai Karnabhai Bharwad vs Slum Rehabilitation Authority ...
2021 Latest Caselaw 17089 Bom

                                                                           501-OSWPL-28584-2021.DOC




                        Shephali



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                       WRIT PETITION (L) NO. 28584 OF 2021


                        Danabhai Karnabhai Bharwad                                    ...Petitioner
                             Versus
                        Slum Rehabilitation Authority & Ors                        ...Respondents


                        Mr Rakesh R Bhatkar, with Mohan N Kevkule & Mohit Daloni, for
                             the Petitioner.
                        Ms Geeta R Shastri, for Respondents Nos. 1 & 2-SRA.
                        Mr Amit Shastri, for the Respondent No. 3-State.


                                                 CORAM         G.S. Patel &
                                                               Madhav J. Jamdar, JJ.

                                                 DATED:        8th December 2021
                        PC:-

1. The entire Writ Petition can be disposed of with a very short order. The Naib Tehsildar is specially designated by the CEO of Digitally signed by ASHWINI SRA (pursuant to certain judgments of this Court and which are ASHWINI HULGOJI HULGOJI GAJAKOSH now part of the slum rehabilitation law) with the power to decide GAJAKOSH Date:

2021.12.09 10:41:22 +0530 eligibility of slum dwellers. Eligibility was decided against the Petitioner by an order dated 17th November 2021. The Petitioner mistakenly challenged the order before the Additional Collector, Encroachment and Removal Western Suburbs. The order at page 98 by the Additional Collector itself points out that the appeal did not lie to that authority but should have been filed before the Apex

8th December 2021 501-OSWPL-28584-2021.DOC

Grievance Redressal Committee or ("AGRC"). Since the Petitioner had not filed an Appeal before the AGRC, he received a 48 hours' eviction notice dated 6th December 2021 'Exhibit - K' at page 99.

2. We believe that it is in keeping with the settled law on the subject that a person should have at least one avenue of appeal. That appeal is provided to the AGRC.

3. The Petitioner agrees that he will refile his Appeal before the AGRC by 14th December 2021. We request the AGRC to dispose of this Appeal at the earliest. It is in the interest of the SRA project in question that this be done as soon as possible, so we request the AGRC to consider the disposing of the Appeal by 14th January 2022. In the meantime, the eviction notice of 6th December 2021 is stayed. If the Appeal is decided against the Petitioner, the stay will continue for a further period of two weeks thereafter.

4. All contentions are kept open.

5. The Writ Petition is disposed of in these terms. No costs.

6. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)

8th December 2021