The Bombay High Court on Friday said that interim orders on evictions, sabotage and evictions passed by various courts and authorities in Maharashtra and Goa after April 9, which are still pending, will be kept in abeyance only till October 8. . “Gradually improving” the pandemic situation, and not beyond that, until the situation worsens.
The full bench of the HC said that the litigants have been put on notice, and if the prevailing pandemic situation continues, the interim orders will, in all likelihood, not be extended beyond two weeks, unless the situation worsens. .
The court had said on August 31 that the orders would continue. adjourned till 30 september Given the uncertainty surrounding COVID-19 global pandemic.
The court had on April 16 passed an order that evictions, demolition and evictions should not be carried out during the pandemic until further directions, and gave liberty to the parties to move the HC in case of emergency.
A four-judge Bench of Chief Justice Dipankar Dutta and Justices AA Syed, SS Shinde and PB Varle, while hearing a suo motu plea on extension of protection to those unable to access justice due to restricted functioning of courts, ordered on Friday. passed. Epidemic.
Advocate Uday Varunjikar, representing the lawyers’ union, requested an extension of three weeks instead of two, stating that most lawyers would be fully vaccinated by the time 14 days elapsed after their second dose, allowing They will be allowed to avail travel facilities like local trains. . He also said that some interim orders were passed in around 2,000 cases and it would cause a flurry once the interim security is vacated.
“We want rush of (cases) in the courts. Our orders are well-intentioned, but there are some who take advantage of them. Let there be a flurry of (cases) in the courts. Our officers are ready for work. We will open full access to all. Let matters come to the fore,” CJ Dutta replied.
Advocate General Ashutosh Kumbhakoni, representing the Maharashtra government, informed the court that though no government decision has been taken yet to lift the lockdown restrictions, a period of 10 days is awaited from Ganesh Utsav to take a final decision. . . Kumbhakoni said it would end sometime next week.
The bench in its order said, “Now after taking stock of the situation, we consider it appropriate and appropriate to extend the interim protection till October 8. However, it is clarified that if the situation arising out of the pandemic persists on that day, , In all likelihood, the interim orders will be vacated. We will consider extension of interim orders only if the situation worsens. This order may be widely circulated in the media so that the plaintiffs can be further protected as per law before appropriate forums to pursue its legal remedies.”
The HC will review the situation and pass further orders on October 8.
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