Shri.Nalin Rathod …..

plaintiff

VERSUS

Smt.Lalita Mukesh Rathod …..Defendant

REPLY TO THE ORDER UNDER

SECTION 33 OF THE
MAHARASHTRA SLUM
( REFORMATION , CLEARANCE
&REDEVELOPMENT)
(AMENDMENT) ACT , 2017
DATED 09.11.2022

Respected Sir,
It is submitted most respectfully on behalf of the Defendant above named as
follows:
1. That the Defendant was shocked to receive an order Under section 33 of
the Maharashtra Slum ( Reformation , clearance and redevelopment)
( Amendment ) act , 2017 dated 09.11.2022 Which iterates to vacate the said flat
within 30 days of the receipt of the said order.
2. That the Defendant’s present Appeal No. 979 of 2022 is still pending for
hearing before additional collector & appellate authority and also on the same the
said Respondent’s reply has not been recorded. That the matter is still pending
before additional collector & appellate authority and in the meanwhile receiving
such an order to vacate the said premises is an utter mental disturbance for the
Defendant.
3. It ought to be seen that the Plaintiff had approached HIGH POWER
COMMITTEE by filing application No.266 of 2008 and HPC by judgment and
order dated 8.10.2009 HAS REJECTED Plaintiff’s APPLICATION No. 266 of
2008, then Plaintiff cannot approach Dy. Collector (Enc/Rem) for similar and
identical relief.
4. It ought to be seen and held that Dy. Collector (Enc/Rem) is very
subordinate officer of HPC, WHICH CONSISTS OF PRINCIPAL SECRETARY,
HOUSING DEPARTMENT, STATE OF MAHARASHTRA who is chairman and
other four members who are highest officers of MCGM, SRA, MHADA &
MMRDA and therefore said judgment and order dated 8.10.2009 of High power
Committee in application No. 226 of 2008 is binding upon Respondent No. 1.
5. That if a reasonable opportunity is not provided to the Defendant then the
same will suffer grave and irreparable loss which cannot be compensated in
terms of Money.
THEREFORE THE Defendant SEEKS INTERIM RELIEF AND OTHER
NECESSARY RELIEFS TO PRESERVE THE CURRENT SITUATION UNTIL
THE FINAL VERDICT OF ADDITIONAL COLLECTOR & APPELLATE
AUTHORITY.

SIGNED IN MUMBAI ON THIS 24th DAY OF NOVEMBER, 2022

Advocate for Defendant