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Thursday, September 23, 2021

Interim orders passed by courts on eviction, demolition in abeyance till August end & ‘not beyond that’ : Bombay HC

The court had, on April 16, passed an order that eviction, demolition, and dispossession should not be carried out during the pandemic until further directions.

By: Express News Service | Mumbai |
Updated: August 11, 2021 11:25:56 am
Last month, the court had said that the orders will continue to be kept in abeyance till August 13.

The Bombay High Court on Tuesday said that interim orders passed by various courts and authorities in Maharashtra and Goa after April 9 pertaining to eviction, demolition and dispossession, which are still in operation, will be kept in abeyance till August-end in view of the ‘improving’ pandemic situation.

Last month, the court had said that the orders will continue to be kept in abeyance till August 13.

The court had, on April 16, passed an order that eviction, demolition, and dispossession should not be carried out during the pandemic until further directions, and had also granted parties liberty to move HC in case of emergency.

A four-judge bench of Chief Justice Dipankar Datta and Justices A A Sayed, S S Shinde and P B Varale passed the order while hearing a suo motu petition on the extension of protection to those who are unable to access justice due to restricted functioning of courts amid the pandemic.

The HC has resumed partial physical hearing of cases from August 2, in view of the improving Covid-19 situation in Maharashtra. The HC had also decided to take steps to implement a hybrid system for the functioning of the courts in the state.

The full bench noted that as the lockdown norms and restrictions are eased in Maharashtra, it would not continue interim protection beyond August end.

The Court noted that the interim protection was granted since due to the ‘crisis created by pandemic’, access to justice was not free earlier.

The bench noted that “crisis arising out of ‘second wave’ is on the wane, leading to easing of lockdown restrictions as well as the lifting of Covid-19 appropriate behaviour protocol, coupled with the fact that courts have started functioning in physical mode.

HC gave two-week ‘breathing time’ and noted, “We are of the clear opinion that a situation which compelled us to pass protection orders may not be in existence. However, since the public at large are under the belief that they are protected by orders, such orders shall continue till August 31 on same terms as per April 16 order and not beyond that.”

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