(1) WP 6148.20009+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6148 OF 2009 Suhas S/o Vishwanath Kolapkar Petitioner VERSUS Resident Deputy Collector, Ahmednagar and others Respondents AND WRIT PETITION NO. 1466 OF 2010 Sunil Dayakisan Bajaj Petitioner VERSUS Resident Deputy Collector, Ahmednagar and others Respondents ..... Mr. S.D. Kulkarni, Advocate for the Petitioner. Mr. K.S. Patil, A.G.P. for the Respondent-State. Mrs. S.S. Jadhav, Advocate for the respondent no.2 ..... CORAM : V.R. KINGAONKAR, J. DATED : 12TH JANUARY, 2011 ORAL ORDER:- 1. By consent of the learned counsel for the parties, both the Petitions are being disposed of in following manner:- I) The learned counsel for the respondent- Municipal Council makes a statement that each of the petitioner will be given one shop from the newly (2) WP 6148.20009+1 constructed shopping complex on the same terms which the auction bidder of adjoining shops will be granted the leases. That is to say, if shop no.20 is auctioned on certain terms and shop no.21 adjoining to it is made available to either of the petitioner, then the terms on which the shop no.20 is given to the bidder on lease, by the Municipal Council will be the basis for creating the leasehold rights in respect of shop no.21 that will be made available to the petitioner. This is only by way of example and not a particular shop is demarcated for the purpose of giving leasehold rights to the petitioners. The allotment of such shops will be made to each of the petitioners, on priority basis, within period of three (3) months from the date of construction of the Shopping Complex. If the shops could not be given to the petitioners within such period of three months then the Municipal Council will be liable to pay damages at rate of Rs.1500/- (Rs.One Thousand Five Hundred) per month to each petitioner for the period from date of expiry of three months till the shop is made available. (3) WP 6148.20009+1 II) The learned counsel for the Municipal Council makes a statement that within period of couple of months the Committee will be appointed by the Collector for the purpose of conducting the auction of the leases of the newly constructed shops in the Municipal Complex or for determining the rates and that thereafter such alternative accommodation will be made available to each of the petitioners within the prescribed period of three months. III) In case such a committee is appointed, it will take a decision about the auctions within a period of one month. No sooner such a decision about fixation of rent is rendered by the Committee within a period of one month, the petitioners shall be allotted the shops. IV) The learned A.G.P. to communicate the Collector to appoint such Committee within a period of two months after construction of the proposed Shopping Complex and take appropriate decision for determination of the terms of the leases which are to be granted or to auction such leasehold rights. The (4) WP 6148.20009+1 petitioners shall vacate the premises immediately within a period of three months from today. V) The deposits made by the petitioners shall be adjusted towards the deposit that is required to be made by the lease-holders of the newly granted leases and that the same will be available as a corpus for the purpose of creation of such new leases in favour of the petitioners. The petitioners shall not put any spokes in the construction of the Municipal Complex by creating any third party interest or by filing some frivolous litigation. 2. Both the Petitions are disposed of. 3. Parties to act on a copy of this order duly authenticated by the Court Sheristedar. Sd/- [V. R. KINGAONKAR, J.] arp