WPLOD2830-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2830 OF 2010 Sudhakar Kasture & Ors. .. Petitioners Versus Divisional Commissioner, Konkan Division & Ors. .. Respondents Mr.Mihir Desai for petitioner Mr.M.V.More, AGP for respondent Nos. 1 and 7 Mr.J.G.Aradwad for respondent No.2 Mr.C.N.Gole for respondent No.5 Mr.S.G.Surana for respondent No.4 Mrs.P.H.Puranik for respondent Nos. 3 and 6 CORAM : S.C.DHARMADHIKARI, J. DATE : 17th January 2011 P.C.: 1] Leave to amend as prayed by Mr.Desai is granted to the extent of addition of persons whose names are listed at Exh.A of these terms and cause title of this petition and who are also stated to be occupants of such structures. 2] This petition under Article 226 of the Constitution of India is WPLOD2830-10 2 directed against the order dated 30th August 2010 and 3rd December 2010 under which the petitioners were to be evicted from their respective premises and rehabilitated in accordance with Slum Rehabilitation Scheme. 3] After the matters were pending for some time, the petitioners and the contesting respondents negotiated and arrived at an overall settlement. The said settlement is recorded in the consent terms which are signed by some of the petitioners, while the others being illiterate have put their thumb impressions. Mr.Desai appearing for petitioners states that each of the petitioner has been explained these consent terms with all their implications and legal consequences. Thereafter, the petitioner No.1 who is duly authorised by all has obtained thumb impressions of the other petitioners. Wherever, the thumb impressions are placed, the petitioner No.1 has initialled the same. Although, the petitioners cannot read and write in English language, since the terms are explained to them in the language which they are speaking and able to understand, it is prayed that the consent terms be WPLOD2830-10 3 taken on record. 4] It is submitted that the consent terms record the assurances of respondent Nos. 4 and 5 and they will carry out the development of the plot and construct the building meant for rehabilitation of the petitioners, strictly in accordance with the scheme. 5] While some of the petitioners have been held to be ineligible, names of whose are listed in Annexure “B” to these terms, by the Competent Authority, they have preferred Appeals against the said orders which are stated to be pending before the Appellate Authority. 6] Respondent Nos. 4 and 5 have also signed the terms inasmuch as the proposed society is represented by the Chief Promotor and the Secretary. As far as developers are concerned, a partner duly authorised by the firm has signed the terms. 7] Since the terms fully record the understanding between the WPLOD2830-10 4 parties viz., of vacating the existing premises to enable respondent Nos. 4 and 5 to develop the property, thereafter, to re-settle all eligible petitioners in the rehabilitation building as and by way of permanent alternate accommodation so also pending that, arrangement for their temporary stay having been made, the terms can safely be taken on record. Particularly as they put an end to the dispute between the petitioners who are the occupants of the existing structures and the cooperative housing society which is proposed to be formed by the occupants so also the developers and builders. The terms do not contravene any provisions of law nor can they be termed as contrary to public policy. Therefore, the terms are taken on record and marked as "X" for identification. Undertakings of respondent Nos. 4 and 5 are accepted. 8] Equally the undertakings of the petitioners are also accepted. It is clarified that if any of the petitioners fail to comply with their undertakings, then, the order impugned in the petition can be executed and enforced against them. WPLOD2830-10 5 9] Appeals filed by persons whose names are enlisted at Exh.C to the terms so also Mr.Anand Jambhale and Mr.Vaghela, shall be decided by the competent authority within a period of six weeks from the date of receipt of authenticated copy of this order. There will be an Order in terms of consent terms. The Writ Petition is disposed off accordingly. No costs. This order is passed in the presence of Petitioner No.1 and Respondent Nos. 4 and 5. (S.C.DHARMADHIKARI, J)