Bombay HC Stays Evictions, Dispossessions, Demolitions Till 07.05.2021

The second wave of the pandemic, arising out of COVID-19 virus, has been wreaking havoc just as the first wave did in the year that went by. To combat the rising second wave, the Government of Maharashtra in the Department of Revenue and Forest, Disaster Management, Relief and Rehabilitation, Mantralaya, Mumbai, has issued an order dated April 13, 2021 titled “Break The Chain” (hereafter “the said order”, for short). The said order, containing initiation/imposition of various emergency measures, seeks to prevent and contain the spread of the virus. Inter alia, Section 144 of the Code of Criminal Procedure and night curfew have been imposed from 20.00 hours of April 14, 2021 till 07.00 hours of May 1, 2021. Such measures, together with other restrictions imposed by the said order, have rendered it difficult to conduct judicial proceedings in this Court as well as the courts/tribunals in the districts/talukas in the physical presence of advocates, litigants and other stakeholders, and with the full complement of officers/staff. As an obvious consequence, access to justice has been hindered. In terms of an earlier decision of the Administrative Committee, judicial proceedings in this Court and the courts subordinate thereto (except in the State of Goa) have been suspended till April 18, 2021, except extremely urgent matters.

2. In a meeting of the Judges of the Administrative Committee of this Court held at 11.00 hours today, it has been resolved to regulate judicial proceedings of all the Benches and the courts/tribunals subordinate to the High Court of Bombay by imposing appropriate restrictions. Having regard to such regulatory measures which the Court on the administrative side has resolved to impose, the need for the Court to consider the situation on the judicial side and to make appropriate orders (in respect of the matter under consideration and referred to above), to serve the ends of justice, was stressed upon in such meeting.

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