1 wp9667group.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLTE CIVIL JURISDICTION WRIT PETITION NO. 9667 OF 2010 Kishwar Jahan Habiburrahaman ..Petitioner Vs. The State of Maharashtra & Anr. ...... Respondents WITH WRIT PETITION NO. 9669 OF 2010 Farha Naaz Ashraf Ansari ..Petitioner Vs. The State of Maharashtra & Anr. ...... Respondents WITH WRIT PETITION NO. 9670 OF 2010 Habiburrahaman Atikurrahman ..Petitioner Vs. The State of Maharashtra & Anr. ... Respondents Mr. A.A. Siddiquie and Associates for the Petitioner. Mr. A.B. Vagyani, AGP for Respondent No.1. Mr. M.M. Malvankar for Respondent No.2. CORAM : A.S. OKA,J. DATE : 16TH DECEMBER, 2010. P.C. 1. Rule. 2 wp9667group.sxw 2. The learned Counsel appearing for 2nd respondent waives service. The learned AGP waives services for 1st respondent. 2. The operative part of the impugned order of the Appellate Authority dated 30th October, 2010 reads thus: "ORDER 1. The appeals are disallowed. The Competent Authority may take further action pursuant to the impugned orders dated 2-4-2009 after necessary verification of the claims of the appellants. 2. No order as to costs. 3. Parties be informed accordingly." The result of this order is that 2nd respondent will have to carry out the exercise of verification. The learned Counsel appearing for the petitioners submits that the petitioners are in position to produce documents to show that the offending structures were in existence on or before 1st January, 1995. 4. Therefore, interests of justice will be served, if by setting aside the order of the appellate Authority and Assistant Commissioner, petitioners are granted opportunity to produce the documents. 5. Hence, I pass the following order. 3 wp9667group.sxw (i) The orders of the Assistant Commissioner of the 2nd respondent and the orders of the Appellate Authority are quashed and set aside. (ii) It will be open for the petitioners to produce all the relevant documents relied upon by them before the Assistant Commissioner of 2nd respondent within a period of 4 weeks from today. It is made clear that no further time shall be granted to the petitioners to produce the documents. (iii) The Assistant Commissioner shall consider the said documents and shall pass orders in accordance with law, within period of 3 months from today. (iv) Till the date of passing the order, the petitioner as well as the 2nd respondent will maintain status quo as of today in respect of the structures in disputes. In the event the order passel by the Assistant Commissioner is adverse to the petitioners, the order of status quo will continue to operate for a period of 15 days from the date of service of the order to the petitioners. (v) All contentions of the parties are kept open. (vi) Rule is made absolute in above terms. (vii) Parties to act on authenticated copy of this order. JUDGE 4 wp9667group.sxw