Life Of Interim Orders Not To Be Extended Beyond Oct 11, Except In Five Districts In Maharashtra & Goa : Bombay High Court
The Bombay High Court has extended the life of all interim orders passed by courts and tribunals in Maharashtra and Goa till October 11, indicating that the court's blanket protection for people against dispossessions, demolitions and evictions may not be extended beyond that date, except for five districts of Maharashtra, where positivity rate for Covid-19 is still on the higher side....
The Bombay High Court has extended the life of all interim orders passed by courts and tribunals in Maharashtra and Goa till October 11, indicating that the court's blanket protection for people against dispossessions, demolitions and evictions may not be extended beyond that date, except for five districts of Maharashtra, where positivity rate for Covid-19 is still on the higher side. (Suo Motu PIL NO. 1 of 2021)
Interim orders for those five districts – Pune, Ratnagiri, Ahmednagar, Satara and Osmanabad – has been extended till October 22. The orders where the extension has been granted till October 11, will cease to exist from October 12, the bench specifically noted in its order.
Earlier, the four-judge bench of senior-most judges comprising 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, 2021, in abeyance, owing to the fear of a third wave during the festive season till October 8.
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 Mumbai's positivity ratio had increased slightly, but it was still under control and submitted tabulated data. He submitted that 91 per cent of the city's population was vaccinated with at least one dose, therefore, the protection through interim orders can be vacated.
In response to the bench's view to extend interim protection for a week, Kumbhakoni submitted that there is rampant illegal construction in the city. Even if the positivity ratio in Satara, Ahmednagar, Osmanabad and Ratnagiri was high, Mumbai could be separated from these places. The state is 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 requested the court to consider extending the interim protection for at least three weeks, saying that only those who had completed two weeks after both the doses of vaccines were free to travel, and the percentage of such population in the city was only around 48. 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 had said in the hearing before today.
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.
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