Can't Allow Anyone To Go Homeless During The Pandemic; Bombay HC Refuses To Allow Municipal Corporation To Remove Encroachments [Read Order]
The Bombay High Court on Wednesday conducted a physical hearing for the first time in six months, advocates who were unable to attend, did so virtually. While observing that Court cannot allow anyone to go homeless during the Covid-19 pandemic, a full bench led by Chief Justice Dipankar Datta declined an urgent application filed by the Pimpri Chinchwad Municipal Corporation (PCMC)...
The Bombay High Court on Wednesday conducted a physical hearing for the first time in six months, advocates who were unable to attend, did so virtually. While observing that Court cannot allow anyone to go homeless during the Covid-19 pandemic, a full bench led by Chief Justice Dipankar Datta declined an urgent application filed by the Pimpri Chinchwad Municipal Corporation (PCMC) seeking implementation of an NGT order which would result in removal of encroachments along riverbeds.
Full bench of Chief Justice Dipankar Datta, Justice AA Sayed, Justice SS Shinde and Justice KK Tated at first passed an order directing extension of all interim orders passed by the High Court and all its benches in Maharashtra and Goa and Courts subordinate to it. As per the said order, the orders for eviction, dispossession and demolition already passed by the courts will remain in abeyance until October 31, as directed earlier.
Thereafter, the bench observed-
"In such view of the matter, we consider it just and appropriate to extend the interim order passed on this suo motu petition, which is due to expire today, till October 31, 2020 on the same terms as directed earlier."
As for PCMC's prayer to allow compliance of the orders dated September 26, 2019 and June 16, 2020 passed by the National Green Tribunal. Referring to previous orders that have been extended from time to time throughout the pandemic, Court said-
"A larger bench has passed such an order. In fact, all high courts across the country have passed similar orders against eviction demolition, dispossession etc in view of the pandemic.We cannot allow anyone to be rendered homeless during the pandemic."
Finally, declining PCMC's plea, the bench said-
"The persons, who would be affected by the reason of grant of relief claimed in this application, are not before us. In such view of the matter, relief as prayed for is declined at this stage. It shall be open to the said Municipal Corporation to take steps in accordance with law, as it may be advised."
Advocate GH Keluskar appeared for PCMC, Advocate Supriya Dangre for the Water and Resources Department, Government Pleader PP Kakade with AGP Manish Pable for the State.
[Read Order]