Bombay High Court stays all eviction, demolition of illegal constructions in Maharastra till Dec 22

Bombay High Court stays all eviction, demolition of illegal constructions in Maharastra till Dec 22

Says the prevailing situation still doesn't allow citizens to freely approach courts of law

Narsi BenwalUpdated: Thursday, October 29, 2020, 11:57 PM IST
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Observing that there has been "some improvement" in Maharashtra but the Covid-19 situation still doesn't allow citizens to freely approach courts of law, the Bombay High Court on Thursday extended its earlier orders staying all orders of demolition of illegal structures or eviction of tenants of such structures.

A full bench of four senior-most judges of the HC led by Chief Justice Dipankar Datta had taken up a suo moto PIL, by which the judges had in March, stayed all the orders passed by various courts to demolish illegal constructions or to evict tenants of such structures.

Notably, the bench has been extending this order from time-to-time after scrutinising the ground reality of the prevailing Covid19 situation in Maharashtra and Goa.

On Thursday, when the matter came up for hearing, the bench noted that there has been some improvement in the state, in terms of Covid-19 cases.

"Although the situation in Maharashtra because of the pandemic has improved over the last few days, access to the courts of law is yet not free," noted the bench, which also comprised of Justices Amjad Sayed, Sambhaji Shinde and Kamalkishor Tated.

"To ensure that persons suffering orders of dispossession, demolition, eviction, etc., passed by public authorities are not inconvenienced by reason of disability to approach the courts of law because of the restrictions as to movements imposed by the government as well as the requirement to maintain social distancing norms, we consider it just and proper to extend the orders till December 22," the judges said in their order.

The bench is likely to take up the matter for further hearing on December 21.

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