dik WP 9192.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9192 OF 2011 Kashinath Shivram Sawant ...Petitioner vs Divisional Commissioner & 4 Ors. ... Respondents Mr.Sudhendu Mewalal, for applicant Mr.Vinod Patil i/by Vijay Patil for respondent No.2 Mr. Nivit Shrivastava for respondent No.5. CORAM: GIRISH S.GODBOLE, J DATED: 14th December,2011 P.C. After arguing the petition for some time, by consent of the petitioner and respondent No.5 developer, the following order is passed. 2. By consent, the impugned order dated 21.5.2011 passed by the Assistant Commissioner, N Ward, Mumbai Municipal Corporation u/s 33 and 38 of Maharashtra Slum Areas ( I.C. and R) Act 1971 and the impugned judgment and order dated 30th August 2011 passed by the Administrator and Divisional Commissioner, Konkan Division, Mumbai in Appeal No.618/2011 are quashed and set aside only on the ground that the Competent Authority had not given any show cause notice or opportunity of hearing to the petitioner. dik WP 9192.2011 3. It is directed that within two weeks from today, Competent Authority shall issue show cause notice to the petitioner and also supply all the relevant documents to the petitioner like application submitted by the developer and other documents which may be submitted by the developer. 4. Within two weeks thereafter the petitioner will file appropriate detailed reply dealing with the said show cause notice. Within a period of two weeks thereafter the Competent Authority shall pass speaking order on the application of the developer. In case Competent Authority passes order of eviction, such order will not be implemented for the period of two weeks from the date of service of said order on the petitioner. 5. All contentions of the parties are kept open. Writ petition is accordingly disposed off. GIRISH S. GODBOLE, J.