bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL REVN. APPLICATION NO. 266 OF 2008 REVN. APPLICATION NO. 266 OF 2008 REVN. APPLICATION NO. 266 OF 2008 Mrs.Sharifa Bi Hanif Shaikh ... Petitioner v/s The Mumbai Metropolitan & Regional Development Authority & anr,. ... Respondents Mr.V.R.Tripathi i/by V.R.Tripathi & Associates for the petitioner. Mr.Kiran Bhagalia for the respondent No.1. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 23RD JULY, 2008 23RD JULY, 2008 23RD JULY, 2008 P.C. P.C. P.C.: 1. The civil revision application has been preferred against the order of the appellate authority under the Public Premises (Eviction) Act, 1955. By the order impugned, the appellate authority has dismissed the appeal filed by the present applicant. However, while dismissing the appeal, the appellate authority has not considered the submissions and pleadings on behalf of the appellant. The appeal memo has been amended to incorporate para 8-A wherein the appellant contended that she was a protected occupier of the land and hence cannot be demolished. The appellate authority has not considered whether the issuance of a photo-pass would in 2 any way hamper the respondent MMRDA from evicting the appellant from the premises. It has not considered the submissions advanced on behalf of the appellant that the structure could not be demolished in view of the provisions of Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, 1971. In my opinion, the order of the appellate authority suffers from its basic inadequacy and, therefore, it must be set aside. 2. The order impugned is set aside. 3. Misc. Appeal No.20 of 2003 is remanded for being heard afresh. The appellate authority will dispose of the appeal expeditiously and preferably within two months from today. 4. Status-quo as of today to be maintained in respect of the structure.