1 AO 281 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.281 OF 2011 M/s M.K. Shelters .. appellant. -versus Slum Rehabilitation Authority and ors .. Respondents. Ms. Nutan S Moily, for the appellant. Mr. D.A. Nalwade, for the respondent No.1. Ms. K.K. Soraan Advocate for respondent corporation. CORAM: A. S. OKA, J. DATED: 20th April, 2011 P.C. 1. Heard learned counsel for the appellant, learned counsel for first respondent and learned counsel for third respondent. 2. The appellant is the original plaintiff. The appellant filed A suit in the City Civil Court for declaration and injunction. The challenge in the suit is to the notice under Section 55(1) of the Maharashtra Regional and Town Planning Act, 1966 (for the sake of convenience hereinafter called as “said Act”), dated 25th November, 2010, issued by second respondent corporation. The appellant is implementing Slum Rehabilitation Project. Permission was granted by the second respondent to the appellant to utilize a plot reserved for a market for the purpose of construction of transit 2 AO 281 OF 2011 accommodation to enable the appellant to complete the scheme of redevelopment. The period for which plot was allowed to be used has expired. 3. Therefore, notice was issued by the second respondent on 25th November, 2010, for removal of the transit accommodation constructed by the appellant. The Proprietor of the appellant has tendered an affidavit cum undertaking dated 19th April, 2011 which is taken on record and marked ‘X’ for identification. 4. In the said affidavit, unconditional undertaking has been given by the appellant that he will remove transit accommodation and hand over vacant possession of the plot in question within a period of one year from the date of the said undertaking. He has also given an undertaking to withdraw the suit and the present appeal. 5. Learned counsel appearing for the second respondent submitted that further time cannot be granted to the appellant as the plot has been reserved for market and from time to time, second respondent has already granted extension to the appellant. 6. The appellant has undertaken to withdraw the suit unconditionally. The appellant has given undertaking to remove the transit accommodation and to hand over vacant possession of the plot to the second respondent within one year from the date of the said undertaking. Hence, the notice 3 AO 281 OF 2011 under section 55(1) of the said Act will attain finality. Therefore, time of one year deserves to be granted to the appellant. Hence, I pass the following order. ORDER I) The undertakings in the affidavit cum undertaking dated 19th April, 2011 (marked ‘X’ for identification), are accepted. II) In view of the undertakings, respondent shall not act upon the notice dated 25th November, 2010 issued under section 55(1) of the Maharashtra Regional and Town Planning Act, 1966, till 18th April, 2012. III) In the event, appellant fails to remove transit accommodation and to hand over vacant possession of the plot in question to the respondent on or before 18th April, 2012, apart from other remedies available to the respondents, it will be open for the respondents to proceed with work of demolition of the transit accommodation and take over possession of the plot in question. IV)Civil Application No.407 of 2011 does not survive and the same is disposed of accordingly. V) Parties to act on the copy duly authenticated by the Registry. (A. S. OKA, J.)