IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO.2130 OF 2006 PETITION NO.2130 OF 2006 PETITION NO.2130 OF 2006 Indian Mercantile Insurance Building Association (Tenants) & Ors. ..Petitioners V/s. Union of India & Ors. ..Respondents ....... Mr. P.K. Dhakephalkar, Sr.Adv. with Mr.G.S. Shelke i/by Shelke & Co. for the Petitioner Mr. K.K. Singhavi, Sr.Adv. i/by V.Y. Sanglikar for Respondent No.2 Mr. G.W. Mattos, AGP for Respondent No.7. ....... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 4TH SEPTEMBER, 2008 : 4TH SEPTEMBER, 2008 : 4TH SEPTEMBER, 2008 P.C.: . Heard. 2. We are disposing off this Petition by directing Respondent Nos. 5 and 6 to consider the application of Petitioner filed in May, 1987 which is annexed at Exhibit-D to the Petition for initiation of action for acquisition of cessed building known as "Indian : 2 : Mercantile Insurance Building" now known as "Oriental Insurance Building" under Chapter VIII (A) of the Maharashtra Housing and Area Development Act, 1976 to enable the Petitioners to form a Co-operative Society. 3. We are informed that proceedings have already been initiated by the Respondents under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 against the Petitioners. Initially, this Court had dismissed the Petition. The said order was challenged by filing Special Leave Petition before the Hon’ble Supreme Court in Civil Appeal No.3334 of 2008. The Hon’ble Supreme Court has disposed off the matter vide its Judgment and order dated 6th May, 2008, wherein Hon’ble Supreme Court clearly observed that the Petitioners may prosecute an alternative remedy available to them i.e. their application filed under Section 103A of the MHADA Act which led to the amendment of the Petition and prayer clause (d) has been added. In so far as the High Court is concerned, it may consider the case of the Petitioners in accordance with law. In view of the amendment to the Petition, the Petitioners have restricted their reliefs sought for in prayer clause (d). We, therefore, dispose off this Petition in terms of prayer clause (d). : 3 : 4. The learned counsel appearing for the Petitioner submitted that in the meantime, the Petitioner’s possession may be protected. This is strongly objected by the learned counsel appearing for the Respondent on the ground that this would defeat the very proceeding initiated against the members of the Petitioners’ Association before the Estate Officer under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 and that Petitioners have an alternate remedy in the form of statutory appeal against the order, which will be passed by the State Officer where they can seek appropriate interim relief. 5. We, therefore, direct the Respondent No.5-MHADA to decide the application filed by the Petitioner’s Association under Section 103-A of the Maharashtra Housing and Area Development Act, 1996 within a period of six months on the condition that the Petitioner would comply with all the requirements within a period of four weeks from today. Needless to say that after the Respondent No.5-MHADA takes a decision in the matter in accordance with law after hearing all the interested parties in the matter, the Petitioners have remedy in the form of Statutory Appeal in the matter. : 4 : 6. Needless to say that all issues and contentions raised in this Petition and even otherwise available to the parties under the Statute are kept open, as this Court has not expressed any opinion or taken any decision on merits of the matter. 7. For the reason that this Court has only directed Respondent No.5-MHADA to take a decision on the application made by the Petitioners in accordance with law, MHADA will hear the parties before taking the decision. 8. The Petition stand disposed off accordingly. No order as to costs. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)