Bombay High Court

NAINA RASIKLAL MODIversusCHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The Court directed the Slum Rehabilitation Authority to consider the transfer application on its merits within six weeks and ordered a temporary stay of eviction for two weeks on humanitarian grounds.

Summary

The petitioner, Smt. Naina Rasiklal Modi, filed a writ petition seeking directions to prevent her eviction and to have her application for transfer of premises considered by the Slum Rehabilitation Authority (SRA). The petitioner argued that the application, filed on 29 July 2026, was after the lock‑in period and should be entertained, while the SRA contended it could be considered only after the lock‑in period. The Court noted a prior contempt order directing that eviction proceedings be initiated and concluded according to law. It directed the SRA to examine the transfer application on its merits within six weeks and, if the application is allowed, to act accordingly; if not, the Court’s eviction order would stand with an extended time‑frame. On humanitarian grounds, the Court ordered that the petitioner, who is suffering from cancer, not be evicted for two weeks pending the decision. The writ petition was subsequently disposed.

Issues considered

Whether the application for transfer of premises filed on 29 July 2026 is post‑lock‑in period and thus can be considered by the Slum Rehabilitation Authority.
Whether the petitioner can be protected from eviction on humanitarian grounds pending determination of the transfer application.

Subjects

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

Judgment

                                                         503-WP-11146-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 11146 OF 2026
Smt. Naina Rasiklal Modi                     .....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.123-124 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
                                                         503-WP-11146-2026.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

29th 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 29th July, 2026 (page no.116 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 29th July, 2026 on its own merits

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



Manisha                                                                  2/3
                                                         503-WP-11146-2026.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.11146 of 2026 stands disposed of.




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




Manisha                                                                  3/3

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