1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.369 OF 2007 Adarsh Ambedkar Seva Sangh .. Petitioner Vs. Municipal Corporation of Greater Mumbai & Anr. .. Respondents Mr.M.B.Jadhav for the petitioner Mr.K.K.Singhavi, Sr.Advocate with Ms.A.K.Savla for respondent nos.1 Mr.Suresh Patil i/b M/s.Utangale & Co. for respondent nos.2 Mr.M.U.Khan for the applicant in Chamber Summons No.446 of 2007 CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATED : 25TH AUGUST, 2008 DATED : 25TH AUGUST, 2008 DATED : 25TH AUGUST, 2008 P.C.: 1. Heard. 2. This petition is an off shoot of the earlier petition filed by the petitioners which came to be disposed of by tendering minutes of the order i.e. Writ Petition No.1459 of 1997 on 2 16.12.97 wherein it was agreed in clause 3 of the Minutes of the Order as under. "The Respondents shall now conduct a survey of the entire Anand Nagar and shall prepare a separate list of those persons who are earlier protected by the Orders of this Hon’ble Court. The Respondents shall also prepare a list of the persons who are in existence prior to 01.01.1995 and also of those persons who have encroached in the said Anand Nagar after scrutinizing the documents in respect of their structures." 3. Further, the respondents agreed that they shall not take any action for demolishing unless and until the Survey of entire Anand Nagar is completed and will be at liberty to take action against the directors coming after 01.01.1995. 4. The petitioners have now approached this court by this petition by making a grievance that 3 respondent no.1 has failed to conduct the survey of the entire Anand Nagar pursuant to the order dated 16.12.97 which was to be done within a period of two months rom the date of the order. 5. The respondents have filed the affidavit in reply of the Municipal Commissioner dated 30.04.07 in which it is categorically stated that upon making aware of the court’s order on 09.04.07, he had immediately convened a meeting of all concerned and accordingly directed the Assistant Commissioner of K/West Ward to forthwith initiate steps to survey the entire Anand Nagar and comply with the Court orders dated 16.12.97 passed in Writ Petition No.1459 of 1997 and accordingly, the same has been completed by following the procedure of giving the public notice and calling upon the occupants to produce the necessary documents in support of their respective cases. Even individual notices have been issued upon the members of the petitioner Adarsh Ambedkar Seva Sangh, Mumbai registered under the Society. The learned counsel for the petitioner has pointed out that there are certain discrepancies in the list prepared by the 4 respondent corporation. 6. Mr.K.K.Singhvi, the learned counsel for the Municipal Corporation states that if those discrepancies are brought to the notice of the concerned official and if it is noted that they are crept in due to some error, the Corporation would immediately correct the entries and rectify the error. It is further submitted that now the proposal will have to be forwarded to the Slum Rehabilitation Area which can then examine the case and take steps in the matter of redevelopment to be undertaken in the subject plots and for rehabilitation of eligible slum dwellers in accordance with the scheme. 7. Therefore, in the facts and circumstances, we do not find that this court need further writ of mandamus as sought for in the petition. We make it clear that these persons did not find the names in the list prepared by the Corporation and claim that they are eligible to be so included for the purpose of being considered for rehabilitation and always approach the Slum Rehabilitation Area or High Power 5 Committee constituted by the State Government and get the rights determined and agitate their grievances. 8. Petition stands disposed of accordingly. In view thereof, Show Cause Notice No.154 of 2007 issued to the respondent Corporation stands discharged. Chamber Summons No.197 of 2007, 391 of 2007, 415 of 2007 and 446 of 2007 do not survive. The same are also disposed of accordingly. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( K.K. TATED, J ) ( K.K. TATED, J ) ( K.K. TATED, J )