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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.1158 OF 2017
Vishwanath Pandurang Dede and Ors. … Petitioners
Vs.
The Commissioner,
Mumbai Municipal Corporation
of Greater Mumbai and Ors. … Respondents
WITH
WRIT PETITION (L) NO.1332 OF 2017
Baban S. Rahatwal and Ors. … Petitioners
Vs.
The Commissioner,
Mumbai Municipal Corporation
of Greater Mumbai and Ors. … Respondents
WITH
WRIT PETITION NO.2638 OF 2016
Panchsheel Nagar (SRA) Cooperative
Housing Society (Proposed) and Ors. … Petitioners
Vs.
State of Maharashtra
through its Secretary,
Urban Development Department and Ors. … Respondents
WPL/1158/17 & WPL/1332/2017
Mr. Sanjiv Sawant a/w Mr. Himanshu Kode for Petitioners in
WPL/1158/17 & WPL/1332/2017.
Mr. R.S.Apte, Sr. Counsel a/w Mr. A.Y.Sakhare, Sr. Counsel & Ms.
Yamuna Parekh a/w Mr. Sagar Patil for Respondent No. 1.
Mr. Amit Borkar, Spl Counsel a/w Ms.Geeta Shastri, Addl. GP for
Respondent No.5 in WPL/1158/17.
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WP/2638/16
Mr. Vachan Bodke i/b Chitnis Vaithy & Co for Petitioners.
Mr. Amit Borkar, Spl. Counsel a/w Mr. Amit Shastri, AGP for
Respondent No.1.
Mr. R.S.Apte, Sr. Counsel a/w Mr. A.Y.Sakhare, Sr. Counsel & Ms.
Yamuna Parekh a/w Mr. Sagar Patil for Respondent No.2 to 4.
Mr. Girish Utangale a/w Mr. Chetan Mhatre i/b Utangale & Co. for
Respondent No.5.
Mr. A.P.Kulkarni for Respondent No.6.
Ms. U.M. Jhaveri a/w Ms. Neha Choksi for Respondent No.7.
CORAM : A.S. OKA &
RIYAZ I. CHAGLA, JJ.
DATE : 26th SEPTEMBER, 2017
P.C.
represented by the petitioners in Writ Petition No.2638 of 2016, 685
have been held eligible for allotment of alternate accommodation. The
learned Senior Counsel appearing for the Municipal Corporation states
that many of the persons have not submitted documents showing their
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respective eligibility to the concerned Municipal Officers within a period
of two weeks from today. We accept the said statement. We make it
clear that the Municipal Corporation will not grant any further time
after expiry of period of two weeks without there being any specific
order of this Court. The learned Senior Counsel appearing for the
Municipal Corporation states that within a period of three months from
the expiry of the period of two weeks from today, the Municipal
Corporation will decide the issue of eligibility of all the persons who
will submit the documents. We accept the statement.
2 We have perused the affidavit of Shri Madhukar Lad filed
on behalf of the Maharashtra Pollution Control Board (MPCB) in Wtit
Petition (L) No.1158 of 2017. A copy of the report of September, 2017
submitted by the CSIR – National Environmental Engineering Research
Institute has been annexed to the said affidavit. The report records that
air samples and monitoring at all relevant locations at Mahul was made
and was compared with national ambient air quality standards. It is
stated that all parameters were found to be within the limits. There is a
recommendation to conduct sampling and monitoring in other seasons.
The learned counsel appearing for the MPCB states that the MPCB
through NEERI will do the exercise of air sampling and monitoring at
all the relevant locations at Mahul in the first week of October, 2017.
We accept the said statement.
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3 We direct the MPCB to file an affidavit placing on record
the result of the analysis made by NEERI on or before 31 st October,
2017.
2017. We have perused the minutes of joint site inspection annexed to
the said affidavit. The learned Senior Counsel appearing for the
Municipal Corporation states that all the works set out at Sr. Nos.1, 2, 3,
4, 5 and 6 and clauses (a), (b), (c), (d), (e), (g) and (h) of Sr. No.7 will
be completed by the end of March, 2018. We accept the said statement.
As regards clause (i) of Sr. No.7, there is a statement that sewer lines
will be cleaned and attended periodically. As regards clause (f) of Sr.
No.7, there is a statement that necessary repairs will be carried out at
the time of actual allotment to the slum dwellers. We accept accept the
statements. We direct the Municipal Corporation to file an additional
affidavit setting out the time line with respect to each item to Exhibit – I
to the affidavit of Shri Harshad Kale. Such affidavit shall be submitted
November, 2017. Adinterim relief which is operative in Writ Petition
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No.2638 of 2016 is extended till then. Those members of the petitioners
in Writ Petition No.2638 of 2016 who have been held eligible and have
possession of the accommodation notwithstanding the continuation of
adinterim relief by this Court.
(RIYAZ I. CHAGLA, J) (A.S. OKA, J)
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