1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON WRIT PETITION (L) NO.1486 OF 2007 AND CHAMBER SUMMONS NO.437 OF 2007 Sai Ganesh Seva Sangh .. Petitioner. Versus Municipal Corporation of Greater Mumbai & others .. Respondents. Mr.R.S. Apte with Mr.H.V. Kode for the petitioner. Ms.P.A. Purandare for the respondent-B.M.C. Mr.Milind More, AGP for State. Mr.V.S. Kapse for Applicant in chamber summons. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 9th January, 2008 DATED : 9th January, 2008 DATED : 9th January, 2008 P.C. : 1. The counsel appearing for the Corporation submits that the structures in question have already been demolished. She states that in a P.I.L., there is an order passed by this Hon’ble Court directing the Corporation to construct drainage before May, 2008. She further states that eligible persons have already been provided with alternative accommodation. There were total 108 eligible occupants, out of which 90 have already been shifted and they have taken possession of alternate 2 accommodation. 2. The learned counsel appearing for the petitioner submits that in view of the demolition, the petitioners are on road. They have not been provided with alternative accommodation. It is further stated that even their eligibility has not been considered appropriately by the Corporation and their structures where they were living have been demolished. 3. In view of the above, nothing further survives in the above writ petition. However, we direct the Corporation to hear the petitioners and determine the question of their eligibility or ineligibility within two weeks from today and inform the petitioners of the orders so passed. Liberty to the petitioners to challenge the said order in accordance with law. We make it clear that if the applications for determination of their eligibility are not filed within three days from today before the Assistant Commissioner, ‘K’ Western Ward, any benefit accruing from this order shall be deemed to have been withdrawn. 4. The petitioners are also at liberty to raise the question with regard to grant of proper accomodation and along with the application list of 3 actual occupants of the structures which has been demolished be furnished by the petitioners. 5. The Applicant in the Chamber summons is at liberty to seek appropriate remedy in accordance with law. 6. The writ petition and the chamber summons are disposed of in terms of this order. CHIEF JUSTICE J.P. DEVADHAR, J.