'Covid Situation Has Been Improving'- Bombay High Court Unlikely To Extend Interim Orders Beyond October 8
The Bombay High Court on Tuesday extended the life of all interim orders passed by courts and tribunals in Maharashtra and Goa till October 8, indicating that the court's blanket protection for people against dispossessions, demolitions and evictions may not extend beyond that date. (Suo Motu PIL NO. 1 of 2021) "Having taken stock of the situation as on date, we consider it fit and...
The Bombay High Court on Tuesday extended the life of all interim orders passed by courts and tribunals in Maharashtra and Goa till October 8, indicating that the court's blanket protection for people against dispossessions, demolitions and evictions may not extend beyond that date. (Suo Motu PIL NO. 1 of 2021)
"Having taken stock of the situation as on date, we consider it fit and proper to extend the interim orders till October 8, 2021. It is, however, made clear that if the improving situation arising out of the pandemic continues even on that date, in all likelihood, the interim orders will be vacated on 8th. It is only if the situation deteriorates that we may consider further extension beyond the 8th. This order may be circulated by the media…", the court said.
A bench of Chief Justice Dipankar Datta and Justices AA Sayyed, SS Shinde and PB Varale had kept all orders or decrees for eviction, dispossession or demolition after April 9, in abeyance, owing to the fear of a third wave during the festive season.
The order applies to the Bombay High Court at its Principal Seat in Mumbai, Benches at Nagpur and Aurangabad, and the High Court of Bombay at Goa, and the courts/tribunals subordinate to it. It also applies to courts/tribunals in the Union Territory of Dadra and Nagar Haveli, and Daman and Diu.
Advocate General Ashutosh Kumbhakoni for the State on Friday said that the State has yet to lift all the lockdown restrictions, and a final call may be taken sometime next week.
"Experts have said that after ten days of Ganesh Visarjan, the actual trend will be known," he said.
Advocate Uday Warujikar asked the court to consider extending the interim protection for at least three weeks. Many lawyers had just been vaccinated, and there would be a lot of rush in court for protection, he said.
"Let the rush begin. Our orders are well-intentioned to protect the general public, but some take advantage of this. Our officers are prepared. Let the access to justice be absolutely free. We will be assessing the situation on the 8th as well," the CJ said.
The court had directed that conditional orders of any court/ tribunal/ authority allowing occupation of any premises subject to payment of rent or occupation charges will continue, notwithstanding the non-deposit of rent or occupation charges from April 9, 2021.
Similarly, failure and/or omission to deposit rent or occupation charges in terms of the rent control legislation and/or the other relevant statutes will not immediately make the tenant or occupant liable for eviction until further orders, whichever is earlier, as per the court.