Mumbai: In a significant order, the Bombay high court has said that its blanket order staying demolition of illegal structures and eviction of tenants of such structures will not continue beyond August 30 in view of the waning Covid-19 pandemic and normalizing situation.
A full bench comprising Chief Justice Dipankar Datta and justices Amjad Sayed, SS Shinde and Prasanna Varale had taken up a suo moto (on its own) PIL last year and stayed demolitions and evictions after nationwide lockdown due to Covid-19 brought everything to a standstill including the functioning of courts.
On Tuesday, the judges observed that things were normalizing with the waning of Covid-19 and easing of lockdown following which courts had started physical hearings. In view of this, there was no need to extend the lockdown beyond August 30. Chief justice said that they had taken suo moto cognizance and issued a blanket order as people had no access to justice in view of the lockdown.
“The crisis (Covid-19) has reduced and with the easing of lockdown and lifting of restrictions, establishments have started functioning following covid appropriate behaviour. Coupled with the fact that the courts have started functioning just like in the pre-Covid days, protective orders may not be required to be continued anymore,” said the chief justice.
However, as the public at large believe that the protective orders exist, a breather has been given till the end of the month.
The HC was hearing an application filed by Maharashtra Metro Rail Corporation (MMRC) seeking permission for eviction and demolition of illegal structures at Kamgar Putla Vasahat, Rajiv Gandhi Nagar and Juna Tofkhana, Shivaji Nagar, Pune for construction of Metro Rail station there.
Advocate General Ashutosh Kumbhkoni said that the construction of Metro Rail was halted due to the HC order staying eviction and demolition. Kumbhkoni said that they had conducted a survey and determined the eligible and ineligible slum dwellers for rehabilitation. “We will relocate the eligible dwellers and have entered into an agreement with them. However, we cannot go ahead with the construction due to the stay order,” said Kumbhkoni.
While allowing the MMRC plea for eviction and demolition, the judges said that it will have to follow due process of law after August 30. “Beyond August 30, you (MMRC) will be free to follow due process of law,” the judges noted.
For the ineligible slum dwellers who face eviction, the HC has said that they are free to explore remedies in law.
However, the HC has kept the suo moto PIL pending “in case orders need to be passed in the near future”.
After passing the blanket order in March 2020, the HC has been extending this order from time to time after scrutinising the ground reality of the prevailing Covid19 situation in Maharashtra and Goa.
