Bombay HC extends interim stay on evictions, demolitions till October 11

The full bench of the Bombay high court (HC), while hearing the suo motu public interest litigation (PIL) instituted last year to provide relief to people who could not approach the courts due to the lockdown, wherein orders of all courts and authorities in the state for demolition, dispossession and eviction had been kept in abeyance, has been extended for till October 11.

The full bench of the Bombay high court (HC), while hearing the suo motu public interest litigation (PIL) instituted last year to provide relief to people who could not approach the courts due to the lockdown, wherein orders of all courts and authorities in the state for demolition, dispossession and eviction had been kept in abeyance, has been extended for till October 11. The bench however made an exception for five districts namely Satara, Ahmednagar, Osmanabad, Pune and Raigad as the Covid cases were slightly higher than other districts and extended the interim order till October 21. The full bench will hear the petition again on October 21 for further consideration.

The bench however made an exception for five districts namely Satara, Ahmednagar, Osmanabad, Pune and Raigad as the Covid cases were slightly higher than other districts and extended the interim order till October 21. The full bench will hear the petition again on October 21 for further consideration.

The full bench comprising chief justice Dipankar Datta, justice AA Sayed, justice SS Shinde and justice PB Varale, while hearing the PIL was informed by advocate general Ashutosh Kumbhakoni that a chart of Covid positivity rate in the state was being furnished with a separate chart for Mumbai. He pointed out that though the positivity percentage had increased slightly it was not worrisome, hence the interim stay on orders passed by the HC as well as subordinate courts and tribunals in Maharashtra could be discontinued.

He further submitted that the percentage of vaccinated persons getting infected was 0.39% for single vaccinated persons and 0.23% for double vaccinated persons. He added that around 91% of the population in Mumbai had been vaccinated with the first dose and hence things could return to normalcy.

However, Dr Uday Warunjikar representing lawyers, submitted that as only 48% of the population and even lawyers had got second dose, train travel was not possible for many of them and as many of the lawyers were seeking extension of abeyance of interim orders for their clients, the full bench should extend the same.

He further submitted that the percentage of Covid patients in five districts was higher than the state and hence the stay should be continued.

After hearing the submissions, the court said that it was taking cognizance of the submissions by Warunjikar which were supported by reports in regional newspapers and extending interim stay in the five districts for two weeks till October 21. For the rest of the state, the stay would be effective only till October 11. Thus, saying posted hearing of the PIL to October 21.