*1* wp.3686.11.933.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3686 OF 2011 Malkayya Yallanna Nalla. ..Petitioner -Versus- The Additional Collector and others. ..Respondents .......... Mr.S.S.Redekar, for the Petitioner. Mr.S.D.Rayrikar, AGP, for the Respondent Nos.1 and 3. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 05th July, 2011. P.C.: 1 The Petitioner was allotted a tenement being Flat No.714 on 7th floor in building No.1, Sunder Nagar, Senapati Bapat Marg, Dadar, Mumbai-28 under the Slum Rehabilitation Scheme which was implemented by the Respondent No.2-Authority. The property was redeveloped by the builder and developer and thereafter, the Petitioner was put in possession of this tenement. It is the case of the Petitioner that he is residing there along with his family members and paying monthly maintenance charges, but presently he is working abroad at Dubai and his sister Sayamma Y. Teddu is residing in the said flat. Earlier the Respondent No.2 found one Aarmur to be in physical possession of the said flat and the said Aarmur is stated to be a relative of the Petitioner. 2 The Respondent No.2 passed an order under the SRA Act seeking to evict the present Petitioner on the ground that he has inducted one Sanjay Kumbhar illegally and prior thereto, he had inducted one Pawar. Under the SRA scheme, the premises which have been allotted to *2* wp.3686.11.933.sxw the slum-dweller, cannot be transferred in any manner to anybody for a period of 10 years from the date of allotment. 3 At the hearing of this Writ Petition, it is vehemently argued by Mr.Redekar that there is no subletting or transfer as pointed out by the authorities. The Petitioner does not know that Mr.Pawar has occupied the said premises nor he has inducted the said Pawar, but he has only allowed his sister to reside there and prior thereto, one Aarmur who is also his relative was residing there. These persons have no right, title and interest in the said premises, but they are residing in the capacity as his relatives. Neither the said Sayamma Y. Teddu nor Aarmur claimed any right, title and interest in the said premises. 4 Mr.Redekar, on taking instructions from the power of attorney holder i.e. sister of the Petitioner, namely, Sayamma Y. Teddu, states that one more opportunity be given to the Petitioner to satisfy the authorities that there is no subletting or transfer, leave alone, inducting or parting with possession of the premises in question. All acts attributed to him have not been committed by the Petitioner. He, therefore, prays that summary eviction be deferred in order to satisfy the authorities. 5 In the light of this statement made by the Petitioner and since the question is of the Petitioner being evicted from the subject premises immediately; interest of justice would be served if this Writ Petition is disposed of with a direction that the Petitioner appears before the Authority on 25.07.2011 and satisfies that the premises are in his possession and that he has neither parted with possession thereof nor transferred it in any manner, the authorities then shall withdraw their action of evicting the Petitioner from the premises. Upon failure of the Petitioner to prove his possession by producing the relevant documents, the authorities shall proceed on the basis that the premises were *3* wp.3686.11.933.sxw transferred by the Petitioner and thereupon, they shall evict the Petitioner in accordance with law and if the law permits, by taking police assistance. They can do so by approaching the nearest Police Station. Since the Petitioner is given time to appear before the authorities, therefore, the authorities shall not evict the Petitioner from the premises in question till 01st August, 2011. 6 With the above clarifications, the Writ Petition stands disposed of. No costs. (S.C. Dharmadhikari, J)