Citing Ganesh Chaturthi Celebrations, Bombay High Court Stays Demolition Of Structures/Huts

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Synopsis

The Bombay High Court stayed demolition of Notice structures/huts citing widespread celebration of Ganesh Chaturthi in Mumbai, and further directed the authorities not to take any action till 24.09.2022.

A single judge bench of Justice Sundeep K. Shinde on 26.08.2022, directed the authorities to not take any coercive action, in respect of notice structures, since Ganesh Chaturthi is being celebrated widely, in Mumbai.

In the pertinent matter, the petitioners were served with notices by the Slum Rehabilitation Authority under Maharashtra Slum Area (Improvement, Clearance, and Redevelopment) Act, 1971. The petitioners on apprehending demolition of Notice structures/huts, approached the Apex Grievance Redressal Committee, Mumbai. The apex committee while dismissing the appeal refused to stay the execution.

The petitioner then approached the Bombay High Court against the order. The petitioners have also challenged the correctness and legality of notices issued under sections 33 and 34 of the said Act.

The court passed an interim order of protection in favour of the petitioners in light of Ganesh Chaturthi being celebrated widely in Mumbai. The court directed the authorities not to take any action till 24.09.2022.

It was further clarified by the Bench that it has not heard the Petitioners on merits, therefore listed the matter on 21.09.2022 for further consideration.

 

CASE TITLE: Deepak Vithal Adhav and Ors. Vs. The State of Maharashtra and Ors.