Bombay HC extends general stay on demolition, eviction, dispossession till August 30

The court also clarified that as lockdown norms were relaxed to a large extent and courts across the state had started functioning physically, there will be no need to extend the general stay beyond August 30.

The Bombay high court (HC) on Tuesday extended the general stay on demolition, eviction and dispossession, granted last year in view of the Covid-19 pandemic and extended from time to time, till August 30.

The Bombay high court, however, kept the suo motu PIL pending in the event that such protective orders were required to be passed again in the near future. (HT FILE)

The court also clarified that as lockdown norms were relaxed to a large extent and courts across the state had started functioning physically, there will be no need to extend the general stay beyond August 30.

HC had initiated a suo motu public interest litigation (PIL) soon after nationwide lockdown was announced in March last year and restrained authorities from carrying out any proposed demolition of structures or eviction and dispossession of occupants due to the pandemic.

The larger bench comprising chief justice Dipankar Datta, justice Amjad Sayed, justice SS Shinde and justice Prasanna Varale, while deciding whether to extend the order for interim protection passed last year, said as the situation had been normalised it was not inclined to extend it further.

The bench observed that the protection was granted as courts were not functioning physically and people could not approach courts for reliefs. However, in light of the situation improving, there was no need to extend it any further. “The interim order is till August 13 and we will extend it one last time till August 30. So, whoever has been enjoying protection so far will get two weeks to approach courts now that restrictions are being lifted and we are also functioning physically,” said CJ Datta in the order.

The court held that such interim protection was granted because of the crisis created by the pandemic and access to justice was not clear. “Now since the crisis is on the wane leading to easing of lockdown restrictions as well as lifting of Covid-appropriate behaviour protocol coupled with the fact that courts have started functioning as in pre-pandemic days, the situation which required interference of courts requiring protective interim orders is no longer required. However, public at large which believe they are being protected by the orders will be protected only till August 30 and not beyond that,” said the order.

The court, however, kept the suo motu PIL pending in the event that such protective orders were required to be passed again in the near future.