Anil Surajman Shukla And 10 Ors vs The Municipal Commissioner And 2 ...
2021 Latest Caselaw 1358 Bom

         Digitally                                                             25-wpl-7478-2020.doc
         signed by
         Trupti
Trupti   Bhamne
Bhamne   Date:
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2021.01.21
         20:15:38
         +0530
                             ORDINARY ORIGINAL CIVIL JURISDICTION

                               WRIT PETITION (L) NO. 7478 OF 2020

           Shri Anil Surajman Shukla & Ors.                              .... Petitioners
                    Vs.
           The Municipal Commissioner,
           Mumbai Municipal Corporation & Ors.                           .... Respondents
                                          ......

           Mr.Amarendra Mishra for the Petitioners.
           Ms.Oorja Dhond i/b. Ms.Aruna Savla for the Respondents- MCGM.
                                             ......

                                       CORAM :      R.D. DHANUKA &
                                                    V.G.BISHT, JJ.

                                       DATE :       20th January, 2021

           P.C.:

1. By this petition filed under Article 226 of the Constitution of India,

the petitioners seek an order and direction against the respondents to

comply with a common order dated 16 th April, 2018 passed by this Court

in Writ Petition (L) No. 3089 of 2017 and other connected Writ Petitions.

2. All these petitioners had filed separate petitions which were heard

together by this Court and were disposed by common judgment dated 16 th

April, 2018. As far as these petitioners are concerned, they are seeking

compliance of the directions issued by this Court in paragraph No. 14 (ii)

of the said judgment at page Nos. 61 and 62 of this petition.

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3. Perusal of the said order dated 16th April, 2018 clearly indicates that

as regards these petitioners, the Municipal Corporation was directed to

allot the tenements having the size of equal to that of their demolished

tenements with direction that the premises offered shall be in the vicinity

of the demolished premises and shall have a frontage on any of the main

roads.

4. This Court had further directed that the allotment of the premises

shall be made to the petitioners as expeditiously as possible and in any

event on or before 30th June, 2018 free of cost.

5. Our attention is invited to the order passed by the Hon'ble Supreme

Court in Special Leave Petition (L) No. 18065 of 2018 and other

connected Special Leave Petitions impugning the said common order

passed by this Court.

6. By common judgment and order dated 31st January, 2020, the

Hon'ble Supreme Court has dismissed all those Special Leave Petitions

filed by the Mumbai Municipal Corporation.

7. The judgment delivered by this Court has attained finality. It is the

grievance of the petitioners that though the said judgment of this Court

has attained finality as far back as on 31 st January, 2020, the Municipal

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Corporation has not complied with the order which is causing hardship to

the petitioners.

8. In our view, since the judgment delivered by this Court has attained

finality, the respondents- Municipal Corporation are bound to comply with

the said judgment by allotting the tenements in the mode and manner as

prescribed in the said judgment.

9. However, with a view to give an opportunity to the Municipal

Corporation to make a statement before this Court as to when the

judgment delivered by Division Bench of this Court dated 16 th April, 2018

would be complied with and only for that limited period, place this matter

High on Board for direction on 1st February, 2021.

            (V.G.BISHT, J.)                   (R.D.DHANUKA, J.)




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