Back
2023 Supreme(Online)(SC) 14171
ITEM NO.61 COURT NO.9 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 21184/2023 (Arising out of impugned judgment and order dated 12-09-2023 in WPL No. 4234/2023 passed by the High Court of Judicature at Bombay) ANDHERI PURAB PASCHIM CO-OPERATIVE HOUSING SOCIETY LTD. Petitioner(s) VERSUS MUNICIPAL CORPORATION FOR GREATER MUMBAI & ANR. Respondent(s) (Affidavit in compliance of order dated 22.09.2023 has been filed on 23.09.2023.) Date : 27-09-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Onkar Prasad, Adv. Mr. Dharmendra Kumar Sinha, AOR For Respondent(s) UPON hearing the counsel the Court made the following
DHARMENDRA KUMAR SINHA
Mr. Onkar Prasad, learned counsel appearing for the petitioner-Society reads the affidavit dated 23.09.2023 filed on behalf of the petitioner, in pursuant to the order passed by this Court on 22.09.2023. As can be seen, the Special Leave Petition filed by the petitioner against the order passed by the High Court on 12.09.2023 in the WP(L) No. 4234 of 2023 was dismissed on 22.9.2023. 2. However, the learned counsel for the petitioner’s prayed for granting limited time to make alternative arrangement for the occupants of the building and during this limited period, it was Digitally signed by Anita Malhotra Date: 2023.09.30 13:03:31 IST Reason:
- Signature Not Verified submitted that the demolition of the unsafe building be protected. 3. The affidavit filed by Anil Navnitlal Maniar for the petitioners however prays that the occupants of the building be permitted to continue to reside in the unsafe building until 30.04.2024. The children’s education and examination need is cited to justify the request for such a long duration to occupy the unsafe building. 4. However, it cannot be overlooked that the building itself is unsafe and not only the life of the occupants but also those who are in the vicinity or even the casual passersby are at a risk, in the event of any incident which might occur in the unsafe building. 5. Taking the afore-noted circumstances into account and having regard to the order of dismissal passed earlier on 22.09.2023, only limited time can be made available. Therefore, the occupants of the Andheri Purab Paschim Cooperative Housing Society Ltd., Andheri (West) are directed to handover vacant possession of the building by 27.01.2024. However, a competent person should file another affidavit within a week from today on behalf of all the occupants to ensure vacant possession of the building by 27.01.2024. It is so ordered. 6. As electricity, water and gas connections are not available in the building, the petitioner-Society is at liberty to move the concerned authority for getting these basic amenities for the duration of their occupation until 27.01.2024. But beyond this date, none should remain in the said unsafe building. (NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
