Ghass Compound Industrial Association, through its President Abdul Haq Ansari vs Slum Rehabilitation Authority, Through its Chief Executive Officer, Administrative Building

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 539

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. PATEL, MADHAV J. JAMDAR, JJ.
Ghass Compound Industrial Association, through its President Abdul Haq Ansari & Others - Petitioners
Versus
Slum Rehabilitation Authority, Through its Chief Executive Officer, Administrative Building & Others - Respondents
Writ Petition (L) Nos. 9433 of 2021, 2512 of 2019 with Writ Interim Application (L) Nos. 31568 of 2021 with Interim Application (L) No. 29003 of 2021 with Writ Petition No. 2244 of 2019
Decided On : 09-03-2022

Advocates Appeared:
For the Petitioners: Mr. Abdul Haq Ansari.
For the Respondents: Mr. Abhijit P. Kulkarni, with Viraj Hake, Mr. P.G. Lad, with Prerana Dhoke, Sayli Apte, Ms. Shilpa Redkar, Mr. Satish Kamat, Mrs. Vaishali Thorat, i/b Bijal Gandhi, Mr. Gauraj Shah, i/b Fatima Officewala, Mr. Mayur Khandeparkar, i/b Imtiaz Shaikh, Mr. Pradeep Thorat, with Aniesh Jadhav, i/b Aditi Naikare, Mr. Hemant Haryan, AGP, with Sukanta Karmakar, AGP, Mr. Jagdish G. Aradwad (Reddy).

Headnote:
Indian Penal Code, 1860 - sections 307, 326, 324, 323, 421, 504 and 506 - possession - Petition was filed as per the CIS records - It does not seem to have been moved or even served urgently, for vakalatnamas of some of the Respondents were filed only between 9th September and 16th November 2021. Reply affidavits were filed much later - Petition seems to have been first moved only on 24th September 2021 before Ujjal Bhuyan, J. and one of us, Madhav J. Jamdar, J. On that day, Petitioners were represented by counsel instructed by Mr. K.P. Tiwari. The Petitioners’ counsel sought time ‘to take instructions – Held, There are two FIRS and an MECR against Ansari. FIR No 511 of 2018 dated 12th November 2018 filed at the Oshiwara Police Station is under sections 307, 326, 324, 323, 421, 504 and 506 of the Indian Penal Code, 1860, among others - FIR filed at the DN Nagar Police Station is under Sections 324, 504, 506, 34 and 160 of the IPC - at the Amboli Police Station is under Sections 34, 384, 387, 499 etc of the IPC. Ansari has been externed from Oshiwara jurisdiction because of these. Co-accused in FIR 511 of 2018 are Wahab Ansari, Petitioner No. 61 and Shamshad Khan, Petitioner - Even if it was issued in one day, this will not invalidate the order nor will it paper over the very many other acts of palpable wrongness and attempted dishonesty including an obvious attempt to mislead bench after bench after bench of this Court by making the same application on repeated occasions suppressing material from one bench or to other and putting forward an entirely false claim - Petitioners disposed of.

JUDGMENT :

G.S. Patel, J.

1. Before we turn to the Petition, we believe we must make a reference to events in Court during several hearings after this Petition was first moved in September 2021, and then from November 2021 onwards, when this Petition was first in the roster of this Division Bench.

(a) The Petition was filed on 3rd April 2021, as per the CIS records. It does not seem to have been moved or even served urgently, for the vakalatnamas of some of the Respondents were filed only between 9th September and 16th November 2021. Reply affidavits were filed much later.

(b) The Petition seems to have been first moved only on 24th September 2021 before Ujjal Bhuyan, J. and one of us, Madhav J. Jamdar, J. On that day, the Petitioners were represented by counsel instructed by Mr. K.P. Tiwari. The Petitioners’ counsel sought time ‘to take instructions’. The order of that day reads:

Learned counsel for the petitioner prays for time to obtain instructions.

2. Mr. Khandeparkar, learned counsel for the developer submits that even at this stage the developer is ready to provide transit rent in parity with other slum dwellers provided it is agreeable to the petitioners to vacate the premises.

3. Learned counsel for the petitioner may serve copies of the writ petition on learned counsel for the respondents.

4. Stand over to 12.10.2021.

5. We make it clear that no order, preventive or otherwise, has been passed in this writ petition.

(Emphasis added)

(c) On 12th October 2021, the matter did not reach. It was adjourned to Thursday, 21st October 2021. It does not seem to have been listed or taken up that day.

(d) On Saturday, 23rd October 2021, the Petitioners ‘urgently’ moved another Division Bench in Chambers (S.J. Kathawalla and Milind N. Jadhav, JJ). The Petitioners were represented by Mr. Shivraj Kunchge and Mr, Rahul Gupta, instructed by Mr. K.P. Tiwari. None of the Respondents were represented, although they had appeared on notice on 24th September 2021. At least three Respondents or sets of Respondents had filed vakalatnamas by this time (Mr. Imitiaz Shaikh on 9th September 2021, Ms. Fatema Officewala on 4th October 2021, and Ms. Aditi Suresh Naikare on 14th October 2021). We are today once again told that at this Saturday hearing — which was apparently not before the roster Bench; the matter had since been assigned to the Bench presided over by Prasanna B. Varale J. on a change in roster — the Petitioners moved entirely without notice. This is the order that came to be passed that day:

Ghass Compound Industrial Association and Ors. … Petitioners

Versus

Slum Rehabilitation Authority and Ors. ... Respondents

Mr. Shivraj N. Kunchge with Mr. Rahul Gupta i/by K.P. Tiwari and Co., for petitioners.

CORAM: (In Chambers)

S.J. KATHAWALLA, MILIND N. JADHAV, JJ.

(through video conferencing)

DATE: 23rd OCTOBER, 2021

P.C.:

1. Not on board. Upon mentioning, taken on board.

2. Due to extreme urgency, the learned Advocate for the Petitioners has mentioned the above matter before this Court. After seeking permission of the Learned Chief Justice, we have heard the learned Advocate for the Petitioners.

3. We have gone through the order dated 24th September, 2021 passed by the Division Bench of this Court (Coram : Ujjal Bhuyan (as he then was) and Madhav J. Jamdar, JJ.). We are informed that after the said order was passed, the Petitioners received a notice dated 21st October, 2021 from the Respondent No.1 (SRA) stating that they will demolish the impugned structures of the Petitioners within 48 hours. The Petitioners moved the above Writ Petition before the regular Court i.e. the Division Bench headed by Prasanna B. Varale, J., on 22nd October, 2021 and as per the directions of the said bench, the above Writ Petition is placed on 25th October, 2021 for Admission/hearing. The Petitioners now apprehend that their structures will be demolished any time since the 48 hours timeline set out in the Notice issued by the SRA is over.

4. We therefore, direct the Slum Rehabilitation

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