1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No. 776 of 2009 Ashyana (Andheri Pachim SRA) Cooperative Housing Limited ..Petitioners vs. State of Maharashtra & ors. ..Respondents Mr.S.G.Surana for petitioners. Mr.Milind More, A.G.P. for respondent nos.1 to 3 Mr.G.D.Utangale with Mr.Suresh Patil i/b M/s Utangale and Co. for respondent no.4 Mr.H.S.Anand i/b Ms.Sarita Pande for respondent nos.5 to 7 Mr.S.U.Kamdar, Sr.Counsel i/b Mr.C.N.Gole for respondent no.8 CORAM: S.J.KATHAWALLA J. 29 th July, 2009 P.C. 1 This writ petition is disposed of by the following order which is passed by consent of the parties except respondent nos. 1, 2 and 3 i.e. the State of Maharashtra and the Municipal Corporation of Greater Mumbai. i) Respondent no.8/developers undertakes to pay an amount of Rs. 13,000/- to 2 respondent nos.5, 6 and 7 per month (payable on 26 th of each month starting from 26 th September, 2009) until the developers develop/reconstruct the tenements under the SRA scheme on plots bearing C.T.S.Nos. 65(part), 66 and 66/1 to 51 of village Andheri at Andheri (West), Mumbai for Ashiana CHS (proposed) and shift respondent nos.5, 6 and 7 to their permanent tenaments as set out in clause(iii) hereunder. The undertaking is accepted. ii) Respondent nos.5, 6 and 7 agree and undertake to this Court to hand over the vacant possession of their present tenements to respondent no.8/developers on or before 25 th September, 2009 and that they shall not apply for any extension on any ground whatsoever. The undertaking is accepted. iii) The developers have agreed to give in all two permanent tenaments admeasuring 269 sq. ft. each in the rehabilitation 3 building to be constructed to each of the Respondent Nos. 5, 6 and 7 (i.e.total 6 tenaments). Out of the above six permanent rehab tenaments one tenament to each of the respondent nos.5, 6 and 7 will be allotted in the rehab building in which the developer is entitled to sell the tenaments. iv) In the event of amendment of clause 1 of DC Regulation 33(10), developers shall share the proportional benefit with all the old occupants including respondent nos.5, 6 and 7 by giving them the tenaments which are larger than 269 sq. ft. 2 It is made clear that the developers have agreed to the passing of this order in view of the special circumstances in this matter i.e. taking into consideration the number of members in the respondents family. It is clarified that the same will not be treated as a precedent. (S.J.KATHAWALLA J.) 4