RAVINDRA V. SHEDGE Vs. ENQUIRY OFFICER

JUDGEMENT

(1.) In this group of Petitions, we are dispensing with a need to show the short title of these Petitions. That listing of short titles is itself of 45 pages and is therefore no longer needed. The individual Petitions will be shown by their Petition numbers.

(2.) We first made an order in the lead Petition on 28/3/2023. At that time, we granted ad-interim relief in the form of further work on the Municipal Corporation of Greater Mumbai ("MCGM") owned land in respect of the portion at village Ghatla, Khardeo Nagar, Chembur, Mumbai 400 071. We noted that the project has in litigation for nearly 10 years. This is a Sec. 3K project under the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971 ("Slum Act") Scheme. There is a long round of history of previous litigations.

(3.) The immediate compliant before us on 28/3/2023 was that the MCGM proposed, without certifying an Annexure II and without conducting a site survey inspection, to simply evict people. We noted that the conduct of the MCGM required far more explanation. We held that it would not possible to allow the MCGM to proceed with an eviction and demolition which would prejudice hundreds of persons on site. We noted the precise CTS numbers in paragraph 7 of our order of that date and then said that there will be no further work of removal of structures or eviction of persons from site until further orders of this Court. We permitted MCGM to begin after sufficient notice the process of the physical survey of the structures but did not permit demolition of structure or the eviction of the persons.