2018 (2) TMI 1979 - HC - GST

Eligibility for grant of alternate accommodation - HELD THAT - The Appeal preferred by the petitioner on the issue of eligibility for grant of alternate accommodation shall be decided by the Mumbai Municipal Corporation as expeditiously as possible and in any event, within a period of four months from today - The decision taken on the Appeal shall be communicated to the petitioner by the Municipal Corporation. If the petitioner is held to be eligible for grant of alternate accommodation, along with the decision on Appeal, alternate accommodation shall be offered to the petitioner. Time of three weeks shall be granted to the petitioner to accept the alternate accommodation from the date of service of the decision in Appeal to the petitioner. For the said period of three weeks, the structure of the petitioner shall not be demolished. Appeal dismissed.

Summary

Issues:
1. Eligibility for grant of alternate accommodation.

Analysis:
The petitioner was held ineligible for grant of alternate accommodation, leading to the filing of an Appeal. The petitioner expressed willingness to vacate the subject structure if found eligible. The Court decided that the Petition need not be kept pending as the Appeal was already preferred. However, if the statement regarding the pending Appeal was found incorrect, the Municipal Corporation was granted liberty to move the Court to vacate the order. The Court disposed of the Petition by passing specific orders regarding the Appeal and the petitioner's accommodation situation.

The Court ordered that the Appeal on the issue of eligibility for alternate accommodation should be decided by the Mumbai Municipal Corporation expeditiously, within four months. The decision on the Appeal must be communicated to the petitioner, and if found eligible, alternate accommodation should be offered. The petitioner would have three weeks to accept the alternate accommodation, during which time the petitioner's structure should not be demolished. If the Appeal is dismissed, the petitioner's structure should not be demolished for three weeks from the date of communication of the dismissal order. Until the decision on the Appeal is communicated, the petitioner's structure should not be demolished.

The Court clarified that it made no adjudication on the petitioner's eligibility for alternate accommodation or on the rehabilitation process if found eligible. The Petition was disposed of based on the terms outlined in the order, emphasizing the importance of the pending Appeal's resolution and the subsequent actions regarding the petitioner's accommodation status.