The Bombay High Court recently granted interim relief to petitioner slum dwellers of Siddharth Nagar, Chembur and restrained authorities from taking coercive action against them till September 24 in view of Ganesh Chaturthi celebrations in Mumbai.
A single-judge bench of Justice Sandeep K Shinde on August 26 heard the plea by Deepak Vithal Jadhav and others of Siddharth Nagar, Chembur, challenging the notices issued by the Slum Rehabilitation Authority for demolition of the hutments and challenged the legality of the said direction and notices.
The Slum Rehabilitation Authority (SRA) on July 1 had issued notices under the Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971. Thereafter, the said order was challenged before the Apex Grievance Redressal Committee, Mumbai. On August 12, the Appellate Authority declined to stay the execution of the notices issued under the 1971 law. Aggrieved by the same, the petitioners approached the high court and questioned the legality and correctness of the orders dated July 1 and August 12.
The petitioners through advocate Vishal Raman and Arjun V Lingalod apprehended demolition of structures/huts occupied by them, which would render their appeal infructuous. In the said circumstances, the petitioner approached the court seeking protective order through urgent hearing.
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“In consideration of the fact that since Ganesh Chaturthi is celebrated widely in Mumbai, authorities shall not take any coercive action, in respect of notice structures, till 24th September, 2022,” Justice Shinde held.
The Court clarified that it has not heard the petitioners on merits but for time being, protection has been granted due to Ganesh festival. The Court asked the petitioners to serve the proceedings on all contesting respondents before the next date of hearing on September 21.
On August 25, a high court bench led by Chief Justice Dipankar Datta granted time to hundreds of employees residing in Air India staff quarters at Kalina in suburban Mumbai to continue occupying allotted residences only till September 24 in view of “Ganesh festival being widely celebrated in the state with passion”. The court said that till September 24, no coercive action of eviction can be initiated by the authorities.
Source: https://indianexpress.com/article/cities/mumbai/bombay-hc-stays-demolition-action-against-chembur-slum-dwellers-citing-ganesh-utsav-8125270/
