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2026 DAILYLAW 4839 (BOM)

NAINA RASIKLAL MODI v. CHIEF EXECUTIVE OFFICER, SLUM REHABILITATION AUTHORITY AND ORS

WP/11146/2026 · 2026-08-25

body2026

Judgment text

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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 27th 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 MANISHA BALKRISHNA TALEKAR Digitally signed by MANISHA BALKRISHNA 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