Covid Third Wave Knocking: Bombay High Court Extends Interim Orders Till September 30

Earlier, the bench led by Chief Justice Dipankar Datta had refused to continue its unconditional extension of all interim orders beyond August 30, given the improving covid situation.

However, on Tuesday, the court noted that the third wave is knocking, according to Dr Rahul Pandit from the National Task Force.

"Dr Pandit was of the view that at least till the end of April 2022, the nation may not get rid of the ill effects of covid," the court said.

The bench also noted that local train travel restrictions were still in place, and considering the fear of the virus spreading during the awaiting festivities, citizens needed to be protected.

"Considering the prevailing situation of uncertainty, as well as keeping in mind the [ensuing] festivities, which could pose a threat to humankind, we are of the considered opinion that the interest of justice would sufficiently be served if for the present, in modification of our earlier orders, the protective interim orders are extended till the end of the month," the bench said.

The order applies to the Bombay High Court at its Principal Seat in Mumbai, Benches at Nagpur and Aurangabad, the High Court of Bombay at Goa, and the courts/tribunals subordinate to it. It also applies to courts/tribunals in the Union Territory of Dadra and Nagar Haveli, and Daman and Diu.

A bench of Chief Justice Dipankar Datta and Justices AA Sayyed, SS Shinde and PB Varale had kept all orders or decrees for eviction, dispossession or demolition after April 9, in abeyance, owing to the State's lockdown.

During the hearing, Advocate Uday Warujikar said that access to justice could not be said to be free until all are not allowed to travel by local trains. The requirement of two doses of vaccination makes travel restricted.

Advocate General Ashutosh Kumbhakoni suggested that the extension should only be for a period of two weeks and no more. However, the bench said they would review the situation on September 24.

Authorities have been asked to approach the respective court for demolitions etc.   

The bench earlier noted that it is extending the life of interim orders to extend protection to those who are disabled to access justice because of the restricted functioning of courts/ tribunals.

The court had directed that conditional orders of any court/ tribunal/ authority allowing occupation of any premises subject to payment of rent or occupation charges will continue, notwithstanding the non-deposit of rent or occupation charges between April 9, 2021, and August 13, 2021.

Similarly, for failure and/or omission to deposit rent or occupation charges in terms of the rent control legislation and/or the other relevant statutes will not immediately make the tenant or occupant liable for eviction until further orders, whichever is earlier.