Bombay High CourtKisan Kaliya Koli vs Enquiry Officer And Ors on 10 July, 2023Author:Neela GokhaleBench:G.S. Patel,Neela Gokhale18-WP-4284-2023+.DOC\n\n\n\n\n                                                                       Gaikwad RD\n\n\n\n    IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n                   CIVIL APPELLATE JURISDICTION\n                   WRIT PETITION NO. 4284 OF 2023\n\n\n Ravindra V Shedge                                              ...Petitioner\n      Versus\n Enquiry Officer, M-Ward, Municipal Office & Ors            ...Respondents\n\n                              WITH\n                   WRIT PETITION NO. 4210 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4127 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4080 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4175 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4246 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4172 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4087 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4077 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4250 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4149 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4180 OF 2023\n                              WITH\n\n\n\n                                Page 1 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4165 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4156 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4141 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4147 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4176 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4192 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4091 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4144 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4236 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4163 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4161 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4252 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4168 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4239 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4240 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4110 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4164 OF 2023\n\n\n\n                               Page 2 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4093 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4237 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4137 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4136 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4148 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4107 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4142 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4219 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4181 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4101 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4099 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4173 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4122 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4132 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4185 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4115 OF 2023\n                              WITH\n\n\n\n                               Page 3 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4194 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4196 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4170 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4178 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4106 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4203 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4186 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4084 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4079 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4086 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4191 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4143 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4169 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4116 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4235 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4222 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4179 OF 2023\n\n\n\n                               Page 4 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4285 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4190 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4134 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4283 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4187 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4158 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4133 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4199 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4197 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4100 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4198 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4193 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4121 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4188 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4189 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4157 OF 2023\n                              WITH\n\n\n\n                               Page 5 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4238 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4183 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4128 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4302 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4234 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4108 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4288 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4275 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4153 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4300 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4167 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4303 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4278 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4232 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4217 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4131 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4296 OF 2023\n\n\n\n                               Page 6 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4139 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4262 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4146 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4151 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4118 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4182 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4241 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4160 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4242 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4166 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4299 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4089 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4102 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4245 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4162 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4112 OF 2023\n                              WITH\n\n\n\n                               Page 7 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4244 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4208 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4095 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4243 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4154 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4260 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4213 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4155 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4140 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4109 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4214 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4152 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4174 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4123 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4150 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4227 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4215 OF 2023\n\n\n\n                               Page 8 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4130 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4294 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4233 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4082 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4287 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4291 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4258 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4293 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4211 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4290 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4289 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4230 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4225 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4306 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4201 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4279 OF 2023\n                              WITH\n\n\n\n                               Page 9 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4145 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4226 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4277 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4229 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4256 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4254 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4249 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4218 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4271 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4248 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4253 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4269 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4272 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4267 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4085 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4092 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4138 OF 2023\n\n\n\n                               Page 10 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4205 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4206 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4129 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4220 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4298 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4126 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4075 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4307 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4124 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4135 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4078 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4114 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4088 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4076 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4090 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4304 OF 2023\n                              WITH\n\n\n\n                               Page 11 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                   WRIT PETITION NO. 4202 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4207 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4113 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4224 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4117 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4221 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4263 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4209 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4231 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4097 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4282 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4105 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4204 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4104 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4081 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4083 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4286 OF 2023\n\n\n\n                               Page 12 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                      18-WP-4284-2023+.DOC\n\n\n\n\n                              WITH\n                   WRIT PETITION NO. 4125 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4212 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4274 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4119 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4177 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4096 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4223 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4295 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4228 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4297 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4098 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4094 OF 2023\n                              WITH\n                   WRIT PETITION NO. 4111 OF 2023\n\n\n Mr Mayur Khandeparkar, with Abhay Parab, Pooja Rane, S. Sable &\n      Nikhita Ghosalkar, for the Petitioner in all Petitions.\n Mr Ram Apte, Senior Advocate, with RY Sirsikar, for the\n      Respondent-MCGM.\n Mr Jagdish Aradwad (Reddy), for Respondent No. 3 & 4-SRA.\n Mr Jeetendra Waghmare, Senior Colony Officer, M/East is present.\n\n\n\n                               Page 13 of 20\n                               10th July 2023\n\n\n::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::\n                                                          18-WP-4284-2023+.DOC\n\n\n\n\n Mr Manish Suryawanshi, Colony Officer, M/East is present.\n Mr Vijay Padave, Rent Collector M/Eest is present.\n\n\n                               CORAM     G.S. Patel &\n                                         Neela Gokhale, JJ.DATED:    10th July 2023\n PC:-1.      In this group of Petitions, we are dispensing with a need to\n show the short title of these Petitions. That listing of short titles is\n itself of 45 pages and is therefore no longer needed. The individual\n Petitions will be shown by their Petition numbers.2.      We first made an order in the lead Petition on 28th March\n 2023. At that time, we granted ad-interim relief in the form of\n further work on the Municipal Corporation of Greater Mumbai\n ("MCGM") owned land in respect of the portion at village Ghatla,\n Khardeo Nagar, Chembur, Mumbai 400 071. We noted that the\n project has in litigation for nearly 10 years. This is a Section 3K\n project under theMaharashtra Slum Areas (Improvement,\n Clearance And Redevelopment) Act, 1971("Slum Act") Scheme.\n There is a long round of history of previous litigations.3.      The immediate compliant before us on 28th March 2023 was\n that the MCGM proposed, without certifying an Annexure II and\n without conducting a site survey inspection, to simply evict people.\n We noted that the conduct of the MCGM required far more\n explanation. We held that it would not possible to allow the MCGM\n to proceed with an eviction and demolition which would prejudicePage 14 of 2010th July 2023::: Uploaded on - 11/07/2023                        ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n hundreds of persons on site. We noted the precise CTS numbers in\n paragraph 7 of our order of that date and then said that there will be\n no further work of removal of structures or eviction of persons from\n site until further orders of this Court. We permitted MCGM to\n begin after sufficient notice the process of the physical survey of the\n structures but did not permit demolition of structure or the eviction\n of the persons.4.      There were other orders thereafter and then we passed an\n order dated 9th July 2023. We noted on that date that there was no\n compliance with the directions to the MCGM to complete the\n preparation of Annexure-II. We demanded that the MCGM do so\n within the time frame that we set. Almost ten years had elapsed\n without compliance of previous orders of this Court. We were told\n that the process of Annexure-II will take some time. We said that\n the matter would be listed on 12th June 2023 when Mr Apte for the\n MCGM was to give us the names of some officers who would work\n on completing Annexure-II by 15th July 2023.5.      On 12th June 2023, Mr Apte tendered a list of four officers.\n We took this list on record. They were to commence the preparation\n of Annexure-II immediately.6.      The complaint today by Mr Khandeparkar for the Petitioners\n is that the Annexure-II said to have been prepared by the MCGM,\n and which Mr Apte says is still in draft, is wholly inadequate. None\n of the names of these 206 Petitioners are shown on the Annexure-II.\n All their structures are simply shown as Staff Quarters and nothingPage 15 of 2010th July 2023::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n more. The attempt is to deprive these persons of all eligibility to free\n of cost ownership premises on rehabilitation.7.       Mr Khandeparkar's argument is that these persons, all now\n retired employees of the MCGM, by virtue of having received Photo\n Passes in a censused slum and under theSection 3KScheme must\n be treated on parity with all other eligible slum dwellers listed in\n Annexure-II. They are entitled to receive all the benefits of\n rehabilitation including permanent alternate accommodation. This\n basic statutory right cannot be denied to them by (mis)describing\n their premises as Staff Quarters.8.       We have been taken through a series of orders relating to this\n project, but between Mr Khandeparkar and Mr Apte there are\n competing submissions as to what this Court has previously\n permitted in regard to premises under occupation by retired\n MCGM's Class-IV Staff. Our attention is also drawn to a decision of\n a Division Bench of this Court of AS Oka, J (as he then was) and RI\n Chawla, J in DJ Rane and others vs. The Municipal Commissioner and\n Ors.1 This is said to refer to a certain policy by which Class-IV\n employees were assured free of cost ownership accommodation, but\n this benefit was not extended to the employees or officers in a higher\n grade.9.       Reference is also made to Government Resolution ("GR")\n and a Circular. The GR of 16th May 2015 is relied on by Mr\n Khandeparkar to say that the issuance of a Photo Pass (in Item 3 at\n\n 1        2018:BHC-OS:7131-DB : 2018 SCC OnLine Bom 1050 : 2018 (4) ABR132.Page 16 of 2010th July 2023::: Uploaded on - 11/07/2023                     ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n page 5 of the GR) is sufficient in law to establish entitlement to\n permanent alternative accommodation in the rehab unit especially\n when read withSections 3X(b)and3Yof the Slum Act as also\n certain conditions (notably condition 83) of the Letter of Intent\n itself.10.       Specifically, he points out that the MCGM is at no loss. The\n Developer is bound to provide to the MCGM 10,000 sq mts built up\n area as Staff Quarters, and this is over and above the premises that\n are to be constructed for rehabilitation of these 206 persons (among\n others) as permanent alternative rehabilitation accommodation.11.       Mr Apte places reliance on the MCGM Circular of 4th\n February 2012 to say that it had been noticed that many workers or\n employees of the MCGM were holding on to the Staff Quarters\n beyond the period of their employment and that this could not be\n permitted.12.       In the first place, since we will need to consider the GR and\n Circular and we do not expect the matter to end here, it having\n travelled via Review Petitions at least once to the Supreme Court,\n we will need official translations of the relevant GR and Circulars so\n that these can be accurately quoted in any subsequent order. We are\n prepared to interpret the GR and Circular as they stand but quoting\n them in Marathi would be less than respectful to the Supreme\n Court.13.       In any case, for this purpose alone, we would request the\n State Government to ensure that the official translations are alwaysPage 17 of 2010th July 2023::: Uploaded on - 11/07/2023                     ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n made available so that accuracy is not sacrificed in orders of the\n Court especially in contentious matters like these.14.     We note Mr Apte's submission that in a detailed judgment of\n this Court delivered by Division Bench on 6th January 2017 in Writ\n Petition No. 957 of 2013, More Jeevan Yashwant and 82 Ors vs\n MCGM and Ors2 and connected matters (also referenced in the\n Division Bench order in DJ Rane, supra), the submission that has\n been made today by the Petitioners was expressly rejected. Mr\n Khandeparkar contests this reading of the Division Bench judgment.\n It is pointed out to us that a Review Petition failed as did a Special\n Leave Petition.15.     Mr Apte submits that the Division Bench in More Jeevan\n Yashwant noted that the Supreme Court had deprecated the increase\n in tendency to hold on to Government property. The Supreme\n Court noted the increase in unauthorized occupation of\n Government premises. According to Mr Apte, the Division Bench\n specifically permitted -- and in fact required -- the MCGM to\n proceed against all former employees under Section 105B and\n related provisions of theMumbai Municipal Corporation Act, 1888("MMC Act"). They were also entitled to recover penalty,\n damages, and compensation. Paragraph 54 of the Division Bench\n judgment is heavily relied on by Mr Apte. In any case, Mr Apte says,\n there was an explicit rejection of the claim being made that the\n Petitioners could continue in occupation of these premises. Mr\n Khandeparkar's submission appears to be that the protection that\n\n 2     2017:BHC-OS:146-DB : 2017 SCC OnLine Bom 10101 (2017) 4 Bom\n CR 532.Page 18 of 2010th July 2023::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n sought by the petitioners in More Jeevan Yashwant and which was\n denied was only against the provisions of theMMC Actand in their\n capacities as erstwhile employees of the Municipal Corporation. He\n points to other portions of the very same judgment to say that when\n it came to identification or the conferment of entitlement under the\n provisions ofSlum Actwhether by virtue of holding a Photo Pass,\n Section 3X, Section 3Y or the relevant portions of the Letter of\n Intent, the very same Division Bench judgment said that the entire\n project could proceed according to law under theSlum Act.16.     Today, the Petitioners do not claim to be entitled to continue\n in occupation nor to substitute premises in their capacity as\n employees or former employees of the MCGM. What they do\n contend is that they are now protected by the operation of theSlum\n Act, because they have each been issued a Photo Pass. This has\n immediate consequences whether under the GR in question or\n under the statute itself. It simply cannot be that a Photo Pass, issued\n with a specific statutory purpose under theSlum Act, is treated as\n inconsequential          or   irrelevant   for      the   purposes       of     slum\n redevelopment.17.     The answer to this from Mr Apte (and he does not accept that\n all the Petitioners do indeed have Photo Passes), is that the photo\n passes were nothing more than an administrative convenience to\n prevent persons from trafficking in or transferring the premises that\n they occupied.18.     We do not believe these Petitions can be kept pending much\n longer. We need an Affidavit from the MCGM setting out the GRsPage 19 of 2010th July 2023::: Uploaded on - 11/07/2023                           ::: Downloaded on - 11/07/2023 20:01:38 :::18-WP-4284-2023+.DOC\n\n\n\n\n and the specific policy in question applicable to Grade-IV\n employees. The present GR and Circular referred to above are to be\n annexed with official translations. That Affidavit is to be filed and\n served by 21st July 2023. Mr Apte states that the copy of Annexure-\n II will be annexed with the Affidavit.19.     A response from the Petitioners is permitted by 4th August\n 2023. We propose to take up the Petitions on 8th August 2023 when\n they will all be listed high on the Supplementary Board.20.     Previous orders to continue until the next date.(Neela Gokhale, J)                                       (G. S. Patel, J)Page 20 of 2010th July 2023::: Uploaded on - 11/07/2023                    ::: Downloaded on - 11/07/2023 20:01:38 :::