Bombay High Court
Naaz Asif Shaikh vs The Apex Grievance Redressal Committee ... on 2 August, 2024
Author: M.S.Sonak
Bench: M.S.Sonak
2024:BHC-OS:11751-DB NA Shaikh vs AGRC
931-oswpl-23894-2024(J).doc
Sumedh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 23894 OF 2024
1. Naaz Asif Shaikh,
Age: 26, Flat No. 118,
2. Chand Ali Saheb Shaikh,
Age : 45, Flat No. 205
3. Laxmi Vilas Dhotre,
Age : 62, Flat No. 206
4. Riyaz Mohd Harif Qureshi,
Age : 40, Flat No. 207
5. Imran Badsha Shaikh,
Age : 35, Flat No. 211
6. Hamida Sabhir Sayyed,
Age : 38, Flat No. 214
7. Shafina Mohd Hasan
Shaikh,
Age : 46, Flat No. 216
8. Abdul Ali Rehman Pathan,
Age : 28, Flat No. 217
9. Altaf Shahbuddin Shaikh,
Age : 32, Flat No. 218
10. Ibrahim Rahim Shaikh,
Age : 26, Flat No. 309
11. Hamida Salim Shaikh,
Age : 60, Flat No. 317
Digitally
signed by 12. Salim Shaikh,
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2024.08.06
09:59:50
+0530
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Age : 40, Flat No. 412
13. Shahid Samdani Shaikh,
Age : 36, Flat No. 415
14. Asif Wali Shaikh,
Age : 23, Flat No. 415
15. Nasrina Mohd Shafi Shaikh,
Age : 39, Flat No. 416
16. Samina Faiyaz Qureshi,
Age : 34, Flat No. 511
17. Shabina Abdul Vahis Dabbi,
Age : 36, Flat No. 512
18. Farhat Rizwan Ansari,
Age : 39, Flat No. 513
19. Rizwan Mohd Murtaja
Ansari,
Age : 55, Flat No. 514
20. Shamsuddin Shekwat
Shaikh,
Age : 55, Flat No. 515
21. Shamsuddit Shekwat
Shaikh,
Age : 49, Flat No. 516
22. Mohd Aslam Shaikh,
Age : 35, Flat No. 517
23. Rehida Khan,
Age : 32, Flat No. 518
24. Amrin Kasim Shaikh,
Age : 32, Flat No. 606
25. Tabassum Parvez Shaikh,
Age : 65, Flat No. 607
26. Habib Shaikh Ali,
Age : 24, Flat No. 608
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27. Nagma Abid Shaikh,
Age : 69, Flat No. 609
28. Ashok Yemuda Kushalkar,
Age : 45, Flat No. 611
29. Jarina Makbul Shaikh,
Age : 29, Flat No. 612
30. Zahra Ibrahim Shaikh,
Age : 38, Flat No. 614
31. Chanda Gulam Vajid Ansari,
Age : 36, Flat No. 615
32. Nizam Badsha Shaikh,
Age : 32, Flat No. 711
33. Zeda Asif Shaikh,
Age : 36, Flat No. 712
34. Shabana Zakir Shaikh,
Age :46, Flat No. 713
35. Mohd Aslam Mohd Yunus
Shaikh,
Age : 60 , Flat No. 714
36. Mohd Hasan Abdul Gali
Shaikh,
Age : 38, Flat No. 715
37. Fahemida Yasin Shaikh,
Age : 39, Flat No. 717
38. Vahida Irfan Shaikh,
Age : 32, Flat No. 718
All residing at Milansar CHS
(proposed), Gilbert Hill,
Andheri (West), Mumbai 400 058. ...Petitioners
~ versus ~
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1. The Apex Grievance
Redressal Committee,
Government of Maharashtra,
Slum Rehabilitation Authority,
Administrative Building, Anant
Kanekar Marg, Bandra (East),
Mumbai 400 051.
2. Dy Collector, Special Cell,
SRA,
New Administrative Building, Anant
Kanekar Marg, Bandra (East),
Mumbai 400 051.
3. Chairman/Secretary,
Milansar Co-op Hsg Sco (proposed)
Gilbert Hill, Andheri (West),
Mumbai 400 058.
4. The Apex Grievance
Redressal Committee,
Government of Maharashtra,
Slum Rehabilitation Authority,
Administrative Building, Anant
Kanekar Marg, Bandra (East),
Mumbai 400 051.
5. Asst Registrar,
Co-operative Societies, Eastern and
Western Suburb, SRA, New
Administrative Building, Anant
Kanekar Marg, Bandra (East),
Mumbai 400 051.
6. State Of Maharashtra,
Through Government Pleader
Bombay High Court. ...Respondents
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A PPEARANCES
for the petitioners Mr Javed Hussain with Sagar
Batavia i/b Angad Giri
For respondent Ms Aparna D Vhatkar
no.1-agrc
for respondent- Mr Prashant Kamble, AGP
state.
for respondent no.3 Mr Ajad Ahmed Ansari
For Respondent Mr Vishwanath Patil for SRA
no.2-sra
Dy collector Mr Balasaheb Tidke
(special cell)
CORAM : M.S.Sonak &
Kamal Khata, JJ.
DATED : 2nd August 2024
ORAL JUDGMENT (Per MS Sonak J):-
1. Heard learned counsel for the parties.
2. Rule. The rule is returnable immediately at the request and
with the consent of learned counsel for the Respondents.
3. The challenge in this Petition concerns the Apex Grievance
Redressal Committee's ("AGRC") decision dated 14/06/2024,
which declined interim relief to the Petitioners pending the final
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disposal of their appeal against the Deputy Collector's order dated
12/03/2024.
4. The AGRC had declined a stay on the ground that the
Petitioners or their Advocates did not attend the proceedings before
the Deputy Collector on 13/03/2024. Learned counsel for the
Petitioner pointed out that the matter was originally scheduled for
12/03/2024, on which date the Deputy Collector was not present.
He submitted that Roznama had not indicated that the matter would
be taken up on the next date, i.e., 13/03/2024.
5. Accordingly, we called for the Roznama, and a Roznama
stated that the matter was posted on 13/03/2024. The AGRC's
order, by recording this circumstance, has declined to grant any
interim relief. The AGRC's order does not discuss anything on the
merits of the matter but refers to an earlier reasoned order dated
29/08/2023. Instead of going into the dispute about the roznama
(which dispute must be normally raised before the very same
authority), we propose to direct the AGRC to dispose of the appeal
expeditiously. Some protection is due to the petitioners because stay
could not have been declined only because the advocate remained
absent or because the previous decision was reasoned. The aspect of
balance of convenience is not even touched.
6. The effect of declining the stay to the Petitioners would mean
that the Petitioners would be evicted from the flats which they are
occupying. Considering the drastic consequences, we think that
interest of justice would be made if the AGRC is directed to dispose
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of the Petitioners' appeal on its own merits and in accordance with
law as expeditiously as possible and, in any event, within a month
from today, i.e., on or before 30th August 2024. The Petitioners
must cooperate with the AGRC and not seek any adjournments
before the AGRC.
7. Until the appeal is disposed of, the Deputy Collector's order
dated 12th March 2024 shall remain stayed. The Petitioners must
not, under any circumstance, take advantage of this order and, for
any reason, delay the final hearing of the appeal before the AGRC. If
this is done, we authorise the AGRC to vacate this interim relief,
even though this interim relief has been granted by this Court.
8. The learned counsel for the Petitioners and the third
Respondent agree that they will file written submissions before the
AGRC within ten days from today. The AGRC should fix a date for
oral submissions, and on that date, the oral arguments should be
heard. If, for any reason, the Petitioners or their lawyers remain
absent, they will not be entitled to complain about the failure of
natural justice in the future.
9. The contentions of all the parties on merits are kept open to
be decided by the AGRC in accordance with the law and on their
own merits.
10. The AGRC's impugned order is modified accordingly, and
interim relief is granted pending disposal of the appeal by AGRC.
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11. The Rule is disposed of in the above terms. There should be
no orders for costs. The Petition is disposed of.
12. All concerned to act on an authenticated copy of this order.
(Kamal Khata, J) (M. S. Sonak, J)
2nd August 2024
