2024:BHC-OS:2963-DB 906-907-OSWPL-5671+.

DOC

Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION (L) NO. 5671 OF 2024

Jijaba Dashrath Shinde & Anr …Petitioners

Versus
State of Maharashtra & Ors …Respondents
WITH

CIVIL APPELLATE JURISDICTION

WRIT PETITION (ST) NO. 5149 OF 2024

Ashok Savala Kamble (Deceased), Surekha Ashok …Petitioners

Kambel (Wife) & Ors
Versus
The Apex Grievance Redressal Committee, SRA …Respondents
& Ors

Mr Vidnyan S Daware, with Akhil Kupade, Prerna Pagare, for the

Petitioners in WP(L)/5671/2024.
Ms Archana Gaikwad, for the Petitioners in WP(L)/5149/2024.
Mr Yogesh Patil, i/b Vijay Patil, for Respondent No 2-SRA and
Respondent No 5-AGRC in WPL/5671/2024.
Mr Mayur Khandeparkar, with Shilpa Naik, Himanshi Mishra,
Rahul Arora & Akash Gupta, i/b Jeet Gandhi, for Respondent
No 3 in both matters.
Ms Dhruti Kapadia, for the Respondent-SRA in WPL/5149/2024.
Ms Aparna Vhatkar, for the Respondent No 1-AGRC in

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WP(L)/5149/2024.
Ms Gaurangi Patil, AGP, for the Respondent-State in
WP(L)/5671/2024.

CORAM G.S. Patel &

Kamal Khata, JJ.
DATED: 22nd February 2024
PC:-

1. We are informed that the Apex Grievance Redressal

Committee (“AGRC”) held an online hearing pursuant to our
order passed yesterday. An interim order has been passed. The
AGRC noted rival submissions.

2. In our view, the AGRC absolutely correctly concluded that

various aspects will need to be examined in detail including inter alia
the provisions of the Coastal Regulation Zone Notification, various
provisions of the Development Control and Promotion Regulations
2034, General Body Resolutions of the society and the Government
Notification dated 16th April 2008. Obviously, this will need time.
Both sides have been given time to file written submissions. That is
to be done within 15 days pursuant to the order of the AGRC.

3. The AGRC has also concluded that there is a prima facie case
for the grant of urgent relief and therefore has stayed the Impugned
Orders dated 7th February 2024 and 16th February 2024 until the
next date of hearing which is scheduled on 22nd March 2024.

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4. In view of this, the present Petitions are infructuous and are

disposed of as such. All contentions before the AGRC are expressly
kept open for both the present Petitioners and the developer, as also
the SRA.

5. We have not expressed any view on the merits of the

controversy between the parties.

6. We had noted yesterday that this is yet another case where

demolition or eviction has been ordered within a stated number of
hours of the notice. We have already set out yesterday how this
creates difficulty and we have also said that the parties must be given
at least a basic opportunity to approach a court for redressal. As a
general direction, therefore:

(a) Irrespective of the period provided in any statute, all

authorities will regard that time period as the minimum
notice to be given. In giving notice for removal, the
authorities will have regard to the facts and
circumstances of each case.

(b) It is insufficient to specify the number of hours for

compliance. A specific date must be mentioned.

(c) The date must be so fixed as not to fall on a day when

courts are closed so as to enable to the parties at least
some window of opportunity to approach an
appropriate court on a Court working day.

7. A copy of this order is to be sent to the Registry for

appropriate action and circulation.

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8. Registry to issue final numbers for statistical purposes.

(Kamal Khata, J) (G. S. Patel, J)

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