1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7393 OF 2008 Smt. Meerabai Namdeo Ahire and othrs .. Petitioners Versus The State of Maharashtra and others .. Respondents Shri M.J. Jamdar, I/b Shri Sachin Gite for the Petitioners Ms. M.P. Thakur, AGP for Respondents 1, 2 and 4 to 6 Shri V. A.Gangal with shri A.D. Gade for respondent No. 3 Shri S. A. Sawant, I/b Shri S.D. Kadam for Respondents 7 to 10 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 11th June, 2009 P. C 1. The petitioners have approached this Court seeking writ of mandamus in the nature of direction, restraining the respondents and their office bearers from initiating any action in furtherance of demolition of any structure standing in Survey No. 311, situated at Gadge Maharaj Bridge, Panchavati, Nashik, without following due process of law and in the alternative, to provide any other accommodation by way of rehabilitation as per the State Government policy on the ground that the petitioners are protected by virtue of Government Notification/GR issued under the Maharashtra Slum Area Improvement, Clearance and Re-development Act, 1971 ( the Slum Act) which entitles the slum dwellers to 2 be rehabilitated, if they are having their structure on any land which is notified as slum under the Slum Act. 2. The learned Counsel appearing for the Municipal corporation has placed on record affidavits of various persons. The last being additional affidavit of Mr. V. V. Thakur, Municipal Commissioner, Municipal Corporation, Nashik, wherein it has been specifically stated that pursuant to the direction of this Court, the municipal corporation on 28.5.2009 have removed all (total 17 hutments) and also removed all the debris from the site of Survey No.311 situated on the bank of River Godavari with the help of Police force provided by the Commissioner of Police, Nashik and as on 28.5.2009, there is no encroachment and un-authorised construction on the subject land. 3. Mr. Jamdar, the learned counsel appearing for the petitioner submits that the petitioners have been dislodged from their hutments. They are protected under the Slum Act and, therefore, they are entitled to be rehabilitated. 4. In our view, this Court, under its writ jurisdiction under Article 226 and 227 of the Constitution of India, will not be able to adjudicate the rights of the petitioners as regards their entitlement for being rehabilitated under the Slum Act, 1971. Under the said Act, competent authorities have been notified to adjudicate the rights of the persons claiming benefits under the said Act for rehabilitation as per the State government Policy. It will be open for the petitioner to approach the competent authority and get their rights adjudicated. 3 5. We therefore, dispose of this petition as infructuous. 6. In view of the fact that the municipal corporation has already removed all encroachment from the subject land i.e. Survey No. 311, we expect that the municipal corporation and its officials will take all necessary steps to prevent further encroachment on the subject land as the subject land belongs to Municipal corporation and it falls under no development zone as it comes within flood affected area abutting bank of the river Godavari. (MRIDULA BHATKAR, J.) ( J. N. PATEL, J. )