LAWS(BOM)-2018-11-137

ANIKA SAHADEV VISHWAKARMA Vs. STATE OF MAHARASHTRA

Decided On November 26, 2018
Anika Sahadev Vishwakarma Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. Waghmare, learned Counsel for the petitioner, Mr. Patil, learned AGP for respondent No.1- State and Ms Yadav, learned Counsel for respondent-SRA.

(2.) By communication dated 13.11.2018, Registrar, Apex Grievance Redressal Committee (for short 'Committee') returned the appeal along with the exhibits on the ground that the application is filed by the petitioner on behalf Anika Sahadev Vishwakarma (since deceased) as one of the legal heirs. However, petitioner has not produced heirship certificate or any other document showing that he is the only heir of the deceased. That apart, order dated 08.10.2018 under Sections 33 and 38 of the Maharashtra Slum Areas (Improvement. Clearance and Redevelopment) Act, 1971 (for short 'Slum Act') is passed against the deceased. However, Deputy Collector, Western Suburbs / SRA is not impleaded as party respondent.

(3.) Mr. Waghmare submitted that the said communication was received by the petitioner on 20.11.2018. He assures that on or before Thursday i.e. 29.11.2018, after removing the deficiencies, petitioner will file appeal on behalf of all the heirs and legal representatives of the deceased by impleading Deputy Collector, Western Suburbs / SRA as party respondent. He further states that on 19.11.2018, Deputy Collector (W.N), S.R.A. has issued 48 hours notice under Sections 33/38 of the Slum Act. He further submitted that Committee is also not available for obtaining urgent interim relief.