Bombay High Court

WAMAN POMA RATHODversusCHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The Slum Rehabilitation Authority must consider the transfer application filed on 28 July 2026 on its merits within six weeks.

Summary

The petitioner, Mr. Waman Poma Rathod, filed a writ petition seeking relief from eviction and directed the Slum Rehabilitation Authority (SRA) to consider his application for transfer of premises filed on 28 July 2026. The petitioner argued that the application was filed after the statutory lock‑in period, contrary to the SRA's contention that it could be considered only post‑lock‑in. The Court noted a prior contempt petition directing that eviction proceedings be initiated and concluded in accordance with law. It directed the SRA to examine the transfer application on its merits within six weeks and, if allowed, to implement the appropriate consequences; if not, the Court's earlier eviction order would stand with a suitable extension. Consequently, the writ petition was disposed.

Issues considered

Whether the application for transfer of premises filed on 28 July 2026 is barred by the lock‑in period under the Slum Rehabilitation Authority regulations
Whether the SRA must consider the transfer application despite the lock‑in contention
Whether the petitioner is entitled to stay of eviction pending determination of the transfer application

Subjects

eviction
slum rehabilitation
lock‑in period
transfer of premises
contempt petition
writ petition

Judgment

                                                           502-11144-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

             WRIT PETITION NO. 11144 OF 2026
Mr. Waman Poma Rathod                      .....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 27th July, 2026

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

nos.166-167 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
                                                           502-11144-2026.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

28th July, 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 28th July 2026 (page no.131 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 28th July 2026 on its own merits

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



Manisha                                                                 2/3
                                                             502-11144-2026.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. 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.11144 of 2026 stands disposed of.




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




Manisha                                                                   3/3

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