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The learned Counsel for the Petitioner today seeks interim relief against the Respondent Nos. 1 to 4 in terms of prayer clause (g) which reads thus :
(g) Pending the hearing and final disposal of the Writ Petition, this Hon’ble Court further be pleased to issue Writ of Prohibition or a Writ in the nature of writ of Prohibition or any other appropriate writ, order and/or direction, ordering and restraining the Respondents, their employees, servants, agents, representatives, person and/or persons claiming through or under them from evicting the Petitioner from the suit flat viz. Flat No. 1104, Building no. 7, ‘C’ Wing, Saug Baug Sneh Sagar CHS(Proposed) CTS no. 706, 706/1 to 10, Village-Marol, Taluka-Andheri, Mumbai-400 059, without following due process of law.
The learned Counsel for the Petitioner claims that he has served both Respondent Nos. 3 & 4 by email and attempted to serve Respondent No. 3 – developer with hard copy but has refused to accept service. He will file his Affidavit of service. He submits that in spite of service neither the Respondent No.3 nor the Respondent No. 4 are present in the court today.
The Learned Advocate submits that the Respondent No. 3 alongwith the help of police has been threatening the Petitioner to evict her from the allotted premises. He was put in this premises after her premises were handed over and subsequently demolished. He further submits that the Petitioner has not been offered an alternative premises in place and stead of the present premises. The Petitioner will be on the streets if removed from the present premises as she has no other accommodation other than this particular flat. He further submits on instructions that she shall take up any other allotment of any other flat that is being offered to the her, if offered before evicting her from this premises.
In view of the above statement, we are inclined to grant prayer clause (g) of the Petition.
Ad-interim relief in terms of prayer clause (g) is granted until the next date.
Issue notice to the Respondent Nos 3 & 4 returnable on 9th January 2024.
Mr Takke, AGP for Respondent No. 1-State and Ms Hajare for Respondent No. 2-MCGM waives service.
Petitioner to serve copy of this order by electronic mode, apart from physical service to all the concerned Respondents.
All concerned to act on an authenticated copy of this order.