Kaneez Fatima Zabiuha Khan vs. Deepak Dinkar Hedao

ITEM NO.74 COURT NO.8 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).25924-25925/2023

(Arising out of impugned final judgment and order dated 02-11-2023 in WPL Nos.27879/2023 and 22378/2023 passed by the High Court of Judicature at Bombay)

DEEPAK DINKAR HEDAOO & ORS. ETC. Petitioner(s)

VERSUS

THE COMMISSIONER MCGM & ORS. Respondent(s)

(ONLY I.A. D. NO. 58200 OF 2024 IN SLP (C) NOS. 25924-25 OF 2023 IS LISTED. IA No. 58200/2024 - PERMISSION TO FILE APPLICATION FOR DIRECTION) Date : 15-03-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Satish Pandey, AOR Mr. Akbar Ali, Adv. Mr. Manmohan Sharma, Adv. Mr. Prashant Kanjeria, Adv. Ms. Jay Jaimini Pandeyini, Adv. Ms. Sadiya Shakeel, Adv. Mr. Braj Kishore Mishra, Adv. Dr. Nafis A Siddiqui, Adv. Mr. Santosh Kumar, Adv. Mr. Prabhoo Dayal Tiwari, Adv. For Respondent(s) Mr. Tushar Mehta, Solicitor General Mr. Garvesh Kabra, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Sandeep Patil, Adv. Mr. Mayur Khandeparkar, Adv. Mr. Mahesh Agarwal, Adv. Mr. Ankur Saigal, Adv. Ms. Anwesha Padhi, Adv.

• Mr. Nivit Srivastava, Adv.
• Mr. Rajesh Kumar, Adv.
• Ms. Shivani Agrawal, Adv.
• Mr. Siddhant Sahay, Adv.

Mr. E. C. Agrawala, AOR Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv. Mr. Aniruddha Joshi,Adv. Mr. Shashibhushan P. Adgaonkar, AOR Mr. Pradnya S.Adgaonkar,Adv. Mr. Chirag M. Shroff, AOR Mr. Dhananjay Kataria, Adv. Mr. Pankaj Sharma, AOR Mr. M. Vijaya Bhaskar, AOR Mr. Prashant S. Kenjale, Adv. Mr. Amol Nirmalkumar Suryawanshi, Adv. Mr. Adith Deshmukh, Adv. Ms. Srishty Pandey, Adv. Ms. Gayatri Virmani, Adv. For M/S. Juristrust Law Offices, AOR

UPON hearing the counsel the Court made the following O R D E R

1. A list of 24 persons whose structures are affected for widening of nallah and who have been offered alternate accommodation by the Municipal Corporation of Greater Mumbai has been placed on record by the Municipal Corporation.

2. We direct the said 24 persons whose list is placed on record, to report to Ward officer of H-West Ward on Wednesday, the 20th March, 2024 at 10.30 a.m. The Municipal Officer will take them to the accommodation offered to them so that they can take inspection thereof.

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3. The learned counsel appearing for the respondent-State of Maharashtra pointed out that 73 applications were received by the Municipal Corporation of Greater Mumbai for considering the eligibility and all the applicants were found to be ineligible. Out of 73, 49 persons have preferred the appeals which are pending.

4. He invited our attention to paragraph 8 of the order dated 15th December, 2023 and, on instructions, states that no statutory appeals have been preferred by those persons whose names appeared in Annexure II as ineligible persons. Therefore, the concerned authorities are free to take action as far as the structures of those occupants who have been shown as ineligible in Annexure II who have not preferred statutory appeals.

5. The learned counsel representing the petitioners/intervenors and the intervenors will ensure that copies of the undertakings are served to the advocates representing the respondents.

6. List on 19th April, 2024.

(ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER

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