hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1422 OF 2011 Balhasar Anthony Swamy ... Petitioner Versus The Collector MSD, Mumbai and Ors. ... Respondents Mr. P.M. Havnur, Advocate for the petitioner. Mr. D.A. Nalawade, G.P. For respondent nos. 1 and 3. Ms. P.A. Purandare for respondent no. 2. CORAM : P.B. MAJMUDAR & MRS. MRIDULA BHATKAR,JJ. DATED : NOVEMBER 28, 2011 P.C. The grievance of the petitioner is regarding removal of encroached portion by the nallah in question. According to the petitioner, during the monsoon season the nallah creates havoc because of over flooding. The Deputy Collector and the Administrator has already filed the reply wherein it is averred that the M.C.G.M. has forwarded a proposal for widening of the nallah and requested to decide 1 hvn the eligibility of the the existing 20 structures affected by widening of the nallah whose list was provided by the M.C.G.M. In the affidavit it is averred that the office of the Divisional Collector and competent authority has already taken action under the Slums Act. However due to stay order granted by the Administrator, their office is unable to complete the action of demolition. Considering the above, the learned counsel for the petitioner is directed to apply before the competent authority and to point out his grievances in this behalf. The Petitioner is permitted to intervene before the competent authority by way of appropriate application and the Divisional Commissioner/Administrator thereafter to consider petitioner’s application and take appropriate decision in this behalf. Since the appeal is pending before the Divisional Commissioner and Administrator at this stage, this court would not like to entertain this petition. Subject to the liberty granted to the petitioner as aforesaid, this petition is disposed of. (MRS. MRIDULA BHATKAR,J.) (P.B. MAJMUDAR,J.) 2