The Bombay High Court in the case Deepak Vithal Adhav & Ors. v. State of Maharashtra & Ors observed and has granted interim protection to slum dwellers against demolition orders issued by the Slum Rehabilitation Authority, while citing ongoing Ganesh Chaturthi celebrations in Mumbai.
The bench comprising of Justice Sandeep K. Shinde observed and has granted relief to petitioners who were challenging legality of orders and notices for demolition of their huts.
It was observed that the Slum Rehabilitation Authority had issued notices to petitioners under sections 33 and 38 of Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971. However, the provisions contemplate demolition of buildings in certain cases.
An appeal was made before the Apex Grievance Redressal Committee, Mumbai by the petitioner, which declined to stay the execution of the notices.
While apprehending the demolition action even before the conclusion of their appeal. Thus, the petitioner had approached the High Court seeking protective orders.
It was directed by the Court that the authorities not to take any coercive action against the petitioners till September 24th, 2022 considering that Ganesh Chaturthi is widely celebrated in Mumbai.
Further, the court clarified that it has not heard the petitioners on merits but time being protection has been granted for the aforementioned reason. On September 21st, 2022, the petition was listed for further consideration.