Extension of interim orders on eviction, demolition, dispossession till July 9 – Bombay HC

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The Bombay High Court on Friday, extended the life of all interim orders passed in Maharashtra and other subordinate courts till July 9 or until further orders in the same.

The Full Bench of Chief Justice Dipankar Dutta and Justice(s) AA Sayed, SS Shinde and PB Varale passed the order today in a suo motu writ petition seeking extension of protection to those who are unable to access justice because of the restricted functioning of the courts effected by the COVID-19 pandemic.

The Court further stated that, orders pertaining to eviction, demolition or dispossession passed by any lower courts or authorities after April 9 will be kept in abeyance as per the conditions of the previous dated 16th, April 2021.

The suo motu petition (PIL 1 of 2021) pertained to matters in which interim orders were passed by the High Court and all subordinate courts falling within its jurisdiction in Maharashtra, Goa and the Union Territories of Dadra and Nagar Haveli, and Daman and Diu.

"Considering that certain districts have been included in Level 1 as per the government order, and normal functioning of courts has been permitted in such districts, taking an overall view of the matter, presumption of physical hearings in all the courts across Maharashtra is still at some distance." – Observed the Bench.

The Court took exception to authorities pointing fingers at the court for not taking action against dilapidated buildings and observed that, “We are not going to tolerate politics over building collapse”

"This is not fair. You don't take steps when required and thereafter you blame the HC.” Court to BMC.

The Full Bench had previously directed that interim orders passed by itself as well as subordinate courts and tribunals that fall under its jurisdiction shall stand extended June 30, 2021.

The matter will be heard next on 5th July.