Bombay High Court

SURYAMA MAHENDRAKUMAR DESHMUKHversusCHIEF EXECUTIVE OFFICER SLUM REHABILITATION AUTHORITY AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The Court held that the SRA must consider the transfer application on its merits within six weeks and stay eviction for two weeks on humanitarian grounds.

Summary

The petitioner, Suryama Mahendrakumar Deshmukh, sought relief from eviction by filing an application on 2 June 2026 for transfer of his premises under the Slum Rehabilitation Authority (SRA). The respondent SRA argued that such an application could be entertained only after the lock‑in period had expired. The Court examined whether the application was indeed filed post‑lock‑in and considered the earlier contempt petition directing that eviction proceedings be initiated in accordance with law. Finding the application was filed after the lock‑in period, the Court directed the SRA to decide it on its merits within six weeks. Additionally, recognizing the petitioner's serious health condition, the Court ordered a two‑week stay on any eviction pending the SRA’s decision. The writ petition was consequently disposed of.

Issues considered

Whether the application for transfer of premises filed on 2 June 2026 is post‑lock‑in period and thus cognizable by the SRA.
Whether the eviction proceedings should be stayed pending consideration of the transfer application, especially on humanitarian grounds.
Compliance with the earlier contempt petition directing initiation of eviction proceedings in accordance with law.

Subjects

eviction
slum rehabilitation
lock‑in period
transfer of premises
humanitarian stay
contempt petition
high court

Judgment

                                                         501-WP-11142-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO. 11142 OF 2026
Suryama Mahendrakumar Deshmukh             .....Petitioner
             Versus
Chief Executive Officer and Ors.                        .....Respondents

                                  .....
Mr. Kishor Walanju, for the Petitioner.

Ms. Ravleen Sabharwal, for the Respondent-SRA.
                                ..…

                                    CORAM : M. S. KARNIK &
                                            SANDESH D.PATIL, JJ.
                                    DATE   : 25th AUGUST 2026
P.C.:-

1.        Not on Board. Taken on Board.


2.        Heard learned Counsel for the Petitioner.


3.        Our attention is invited to the Order dated 27 th July, 2026

passed in Contempt Petition No.272 of 2026 which is at page

nos.138-139 of the paper book. Learned Counsel for the Petitioner

submits that directions of this Court are that the eviction proceedings

have to be initiated and taken to its legal conclusion in accordance

with law.



Manisha                                                                  1/3
              Digitally signed by
MANISHA       MANISHA
              BALKRISHNA
BALKRISHNA    TALEKAR
TALEKAR       Date: 2026.08.28
              16:29:04 +0530
                                                         501-WP-11142-2026.doc


4.        It is the submission of learned Counsel for the Petitioner that

the Petitioner has filed an Application for transfer of the premises on

2nd June, 2026.


5.        Learned Counsel for the Respondent-Slum Rehabilitation

Authority submitted that the said Application for transfer can be

considered only if the same is made after the lock-in period.


6.        Learned Counsel for the Petitioner submits that such an

Application has been infact filed on 2 nd June, 2026 (page no.125 of

the paper book). It is the contention of learned Counsel for the

Petitioner that the Application has been made after the lock-in

period.


7.        If such an Application is made, the Slum Rehabilitation

Authority shall obviously consider the said Application in accordance

with law. Obviously, if the Application is before the lock-in period,

the consequences will have to follow. However, since an Application

has been made, we direct the Slum Rehabilitation Authority to

consider the Application dated 2nd June, 2026 on its own merits

expeditiously and preferably within a period of six weeks from today.



Manisha                                                                  2/3
                                                         501-WP-11142-2026.doc


In the event the Application is allowed, the necessary consequences

will follow as the directions of this Court are to take appropriate

action in accordance with law. However, if it is found that the

Application cannot be entertained, then obviously the Slum

Rehabilitation Authority has to comply with the Order passed by this

Court in which case the time period for taking action would stand

suitably extended. It is pointed out by the learned Counsel for the

Petitioner that the Petitioner is suffering from cancer and is in need

of medical health. Consequently, till the Application for transfer is

decided only on humanitarian ground and for a period of two weeks

thereafter, the Petitioner not to be evicted in case the Order is

adverse.


8.        Accordingly, Writ Petition No.11142 of 2026 stands disposed of.




(SANDESH D.PATIL, J.)                              (M. S. KARNIK, J.)




Manisha                                                                  3/3

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