IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 3209 OF 2008 WRIT PETITION NO. 3209 OF 2008 WRIT PETITION NO. 3209 OF 2008 Shri Janardan Pandurang Kalap and others. ... Petitioner. V/s. The Additional Collector (Encroachment), Mumbai Suburban District and others. ... Respondents. G.S.Godbole i/b. P.M.Arjunwadkar & S.M. Mirajkar for the petitioners. S.D.Rayrikar, AGP for respondent Nos.1,3 and 6. S.G.Surana for respondent No.4. Ms.Kiran Bagalia with Asha Bhambwani for respondent Nos.2, 7 and 8. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 13th August 2008. DATED: 13th August 2008. DATED: 13th August 2008. P.C.: P.C.: P.C.: ---- ---- ---- . Heard learned counsel for the rival parties. 2. During the course of hearing, it is transpired that the direction issued by this Court vide order dated 30th November, 2007 passed in Writ Petition No.8431/2007 were not complied with by the Metropolitan Commissioner who was directed to decide the appeal after giving opportunity of hearing to the petitioner. It is also brought to my notice that in compliance with the said dierction, an order dated 10th March, 2008 has been passed by the Deputy Collector (Encroachment & Rehabilitation) & Special Land Acquisition Officer, M.M.R.D.A., Bandra, Mumbai. As a matter of fact, he was not supposed to hear the matter. The matter ought to have been heard by the Metropolitan Commissioner. Mrs.Bagalia submits that an opportunity be given to correct the error. 3. In the above view of the matter, all parties agree that the order dated 10th March, 2008 be set aside by dispensing with the reasons without examining the merits or demerits of the impugned order. 4. In the result, by consent of parties, order dated 10th March, 2008 (Exh.F) as also the consequent notice dated 20th March, 2008 (Exh.G) are set aside. Appeal is restored to the file of the Metropolitan Commissioner who has agreed to hear and decide the same on its own merits. Parties to appear before the Metropolitan Commissioner on 25th August, 2008 at 11.00 a.m. to argue the appeal. They are expected to submit their written submissions & case laws, if any. 5. The Metropolitan Commissioner is expected to decide this appeal as expeditiously as possible, at any rate, within six weeks from the date of receipt of this order. All rival contentions are kept open. - 3 - 6. In the meanwhile, parties are directed to maintain status-quo so long as the appeal is not decided by the Metropolitan Commissioner. 7. Learned A.G.P. takes notice of this order on behalf of respondent Nos.1, 3, & 6. Mr.Surana takes notice on behalf of respondent No.4. Ms.Bagalia takes notice for respondent Nos.2, 7 & 8. 8. Petition is disposed of in terms of this order with no order as to costs. 9. All concerned to act on an authenticated copy of this order. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)