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Bombay High Court

EBSY TAMIL RAJversusARIHANT REALTORS

Decided
Disposal
DISPOSED OFF

Holding

The Court ordered the petitioners to approach the designated Committee for transit rent matters and to make representations to Respondent No.6 for action against illegal shops, keeping all contentions open and disposing the petition accordingly.

Summary

The petitioners, Ebsy Tamil Raj & Ors., filed a writ petition seeking relief concerning outstanding transit rent and the removal of illegal shops. The Court directed the petitioners to approach a Committee established under the directions in Sagar Vijay Korgaonkar & Ors. v. CEO, Slum Rehabilitation Authority & Ors. for matters relating to transit rent. The Court also instructed the petitioners to make a representation to Respondent No.6 for action against the alleged illegal shops, and directed Respondent No.6 to act expeditiously after giving an opportunity to the aggrieved parties. The order emphasized speedy disposal of the applications and kept all contentions open. Ultimately, the petition was disposed with the above procedural directions.

Issues considered

  • Whether the petitioners are entitled to relief regarding outstanding transit rent.
  • Whether the petitioners can seek action against alleged illegal shops.
  • Whether the Court should direct the petitioners to approach the Committee constituted under the Sagar Vijay Korgaonkar case.

Subjects

  • writ petition
  • transit rent
  • illegal shops
  • representation
  • slum rehabilitation authority
  • procedural order

Judgment

                                                               21-WP-220-2024.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                           WRIT PETITION NO. 220 OF 2024

 Ebsy Tamil Raj & Ors.                                     .....Petitioners
            Versus
 Arihant Realtors & Ors.                                   .....Respondents
                                .....
Mr. Santosh Sanjkar a/w Ms. Shilpa Hadwale, for the Petitioners.

Mr. Amrut Joshi a/w Mr. Suraj Iyer a/w Mr. Mani Thevar, Mr. Anas
Dhorajiwala i/b Ganesh & Co., for the Respondent No.1.

Mr. Abhijit Aher i/b Ms. Tanaya Goswami for the Respondent –
A.G.R.C.

Ms. Ravleen Sabharwal for the Respondent No.5 – S.R.A.


                                       ..…
                                    CORAM : M. S. KARNIK &
                                            SANDESH D. PATIL, JJ.
                                    DATE   : 23rd SEPTEMBER 2026


P.C.:-

1.       So far as the relief in terms of prayer clause (a) is concerned,

the petitioner now can approach to the Committee constituted in

terms of the Directions of this Court in the case of Sagar Vijay

Korgaonkar & Ors. V/s The Chief Executive Officer, Slum

Rehabilitation Authority & Ors. dated 28th January, 2026 in Writ



Wakodikar                                                                     1/2
             Digitally signed by
RUPALI       RUPALI RAJESH
RAJESH       WAKODIKAR
WAKODIKAR    Date: 2026.09.28
             11:19:11 +0530
                                                            21-WP-220-2024.doc


Petition No. 7443 of 2023 alongwith Interim Application No. 17577

of 2023 in Writ Petition No. 7443 of 2023.


2.     If such an application is filed, we request the concerned

authority   to   expeditiously   decide   the   application     regarding

outstanding transit rent for individual petitioners expeditiously.


3.     So far as prayer clause (b) is concerned, it is open for the

petitioner to make a representation to the respondent No.6 for taking

appropriate actions against the illegal shops as alleged.


4.     If such representation is made giving necessary details,

respondent No.6 to look into the representation and to take

appropriate action expeditiously, in accordance with law, after giving

opportunity to the aggrieved persons, including the petitioner.


5.     Keeping   all   contentions   open, petition   is    disposed       of

accordingly.




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




Wakodikar                                                                2/2


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