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The order has been passed with a view to aid the decongestion of the Court amidst the Coronavirus outbreak.
The Bombay High Court has passed an order suggesting that the Municipal Corporation of Greater Mumbai as well as other Municipal Corporations in Maharashtra issue a general directive not to demolish, evict and/or hold auctions of attached properties for a specified period, amidst the Coronavirus outbreak.
The order was passed by a Bench of Justices SJ Kathawalla and RI Chagla with a view to decongest the Court and guard against the spread of the Novel Coronavirus (COVID-19). The order passed Thursday states,
The Court added,
"... if the Corporations in some extra ordinary cases, for compelling reasons are required to do so, they shall be at liberty to move the appropriate courts and obtain necessary orders."
Bombay High Court
The suggestion was made after observing that the Court has already been taking measures to ensure that the High Court is not overcrowded for the two hours in sits amidst the Coronavirus pandemic.
To this end, courts were taking up only urgent matters between 12.00 noon to 2.00 p.m. everyday and only individuals whose presence is absolutely necessary in their respective matters were to be allowed in the Court rooms.
While this is the case, the Bench noted that, "Most of the urgent matters pertain to seeking restraint orders against the Municipal Corporations from carrying out demolition, eviction and holding auctions of attached properties."
Therefore, while allowing a stay on the demolition of the structure in dispute in the present case, the Court also made the general suggestion to issue such a stay on all such pending cases. For the instant case before it, the Bench ordered,
Advocates Vishal Kanade and Ali Bubere were present for the petitioners
[Read the order here]