Baliram Kodai Mourya And 2 Ors vs State Of Maharahstra And 14 Ors
2022 Latest Caselaw 11557 Bom

                                                          29-OSWP-157-2022-WITH-WP-999-2018+.DOC
                   Digitally signed by IRESH
IRESH SIDDHARAM    SIDDHARAM MASHAL
MASHAL             Date: 2022.11.15 14:24:40 +0530




           Iresh



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                              WRIT PETITION NO. 157 OF 2022


           Sandesh Mahadev Lavnde & Ors                                           ...Petitioners
                 Versus
           Collector Mumbai-Suburban District & Ors                             ...Respondents

                                      WITH
                         WRIT PETITION NO. 999 OF 2018
                                      WITH
                     NOTICE OF MOTION (L) NO. 776 OF 2017
                                       IN
                         WRIT PETITION NO. 999 OF 2018
           Baliram Kodai Mourya & Ors                    ...Petitioners
                  Versus
           State of Maharashtra & Ors                 ...Respondents

                                        WITH
                  CONTEMPT PETITION (L) NO. 10163 OF 2021
                                          IN
                         WRIT PETITION NO. 999 OF 2018
           Baliram Kodai Mourya & Ors                    ...Petitioners
                 Versus
           Sitaram Kunte Chief Secretary & ors        ...Respondents


           Ms Ronita Bhattacharya, for the Petitioners
           Mrs Uma Palsuledesa, AGP, for the Respondent-State in WP
                157/2022.
           Mrs. PH Kantharia, GP, with Jyoti Chavan, AGP for Respondent-
                State in WP 999/2018.
           Mr Sagar Patil, for MCGM.




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                                                      14th November 2022
                                29-OSWP-157-2022-WITH-WP-999-2018+.DOC




                      CORAM        G.S. Patel &
                                   Gauri Godse, JJ.

                      DATED:       14th November 2022
PC:-

1. We will require a further clarification from the State Government particularly in regard to the 20th February 2019 public notice referred to at Exhibit F at page 51. We also require learned Advocate for the State Government to take instructions as to what is the applicable policy, if any, in regard to Petitioners and others like them on survey nos. 38 and 39 of Charkop Gaon, Kandivali (West), Mumbai 400067 and said to being occupying a slum called 'Laxman Bhandari Chawl'. The Petition asserts that all these persons were or are protected occupiers within law. Some of the Petitioners were evicted from the site in 2017. There was second eviction drive in April 2021, and it is this 2021 eviction that is challenged in the present Petition. We are informed that some of the occupants were asked to produce documents. If this be so, then obviously such a demand for documents or even a notice to show cause must be relatable to some existing policy. It may also relate to a cut off or datum line.

2. We are making it clear that we do not propose at this or at later stage to permit an in-situ rehabilitation of any of these persons particularly in view of the Judgment of this Court in PIL No. 87/2006 regarding maintaining a buffer zone of 50 meters around all mangrove areas.

14th November 2022 29-OSWP-157-2022-WITH-WP-999-2018+.DOC

3. The State Government's further Affidavit is to be filed and served by 23rd November 2022.

4. List the Petition on 25th November 2022.

(Gauri Godse, J)                                 (G. S. Patel, J)





                       14th November 2022