1 AO1401-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.1401 OF 2010 ALONGWITH CIVIL APPLICATION NO.1727 OF 2010 Samsuddin Basarat Ansari .. Appellant V/s. Shakti SRA CHS Ltd. & Ors. .. Respondents ..... Mr. Sunil Kumar for the appellant. Mr. M. B. Shukla i/b. Mr. B. P. Shukla for respondent Nos. 1 and 2. Mr. J. G. Reddy for respondent No.3. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. P.C.:- Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent Nos. 1 and 2 and the learned counsel appearing for the third and fourth respondents. By the impugned order dated 29th October, 2010, a prayer for ad-interim relief made by the appellant has been rejected by the trial Court. 2. It is not disputed that the appellant is entitled to permanent accommodation as he is held eligible for the said accommodation in the 2 AO1401-10 Slum Redevelopment Scheme. 3. The learned counsel appearing for the first and second respondents states that in the lottery, the appellant has been allotted flat No.308 in building No.2 by way of permanent accommodation. In the affidavit of the second defendant tendered today it is mentioned that the said flat needs repairs. In paragraph No.4 of the affidavit, the second respondent has stated thus : “ 2. I say that the appellant is held Eligible by the S.R.A. for alternate accommodation and accordingly the applicant was invited for the Lottery to be held on20th December, 2010 by letter dated 10th December, 2010. I say that in the said lottery the Appellant was allotted Flat No.308 in Building No.2. I say that there was heavy leakage in three flats being Flat No.007, 308, 504 of the Building No.2. I say that in order to find out the cause of the leakage the plastering of the walls had to be removed. I say that the said three flats are not in habitable condition. I say that the repairing of the said flats will take a few months and therefore the possession of the said flat No.308 could not be given to the appellant.” 4. The learned counsel appearing for the first and second respondents on instructions of the second respondent states that the appellant will be placed in possession of the permanent accommodation within a period of three months from today after necessary repairs are carried out. The aforesaid statements made in paragraph No.4 of the 3 AO1401-10 affidavit and the aforesaid statement made by the second respondent through their counsel are accepted. 5. In view of the aforesaid statement, it is not necessary to grant any relief in this Appeal. 6. Appeal is disposed of by passing following order : :: O R D E R :: i. The statements of the second respondent which are recorded above are accepted. ii. The second respondent shall pay compensation of Rs.2000/- to the appellant from 1st July, 2010 till the date on which appellant is placed in possession of the permanent accommodation. iii. All contentions of the parties in the pending suit are kept open. iv. Civil Application No.1727 of 2010 does not survive and the same is disposed of. JUDGE