: 1 : FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO.638 OF 2008 WITH CIVIL APPLICATION NO.744 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearances, Court’s . orders or directions and . Registrar’s orders . -------------------------------------------------------------- Mr.Suresh M. Sabrad for the Appellant. Mr.K.S. Patil for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATED : 3RD JULY, 2008. P.C. : 1. No interference with the impugned order is called for. As rightly observed by the learned judge Section 17(1) of the Mumbai Metropolitan Region Development Authority Act, 1974 provides that the term "infrastructure" shall also mean and include streets, roads, bridges and any other means of transport and communication and activities related or incidental for the execution of such infrastructure projects. Considering what is stated in the affidavit in reply the proposed work falls within the definition of the : 2 : section. This aspect has been dealt with in considerable detail by the learned Judge especially in paragraph 11 of the impugned order. 2. Added to this is a fact that alternate accommodation has also been provided. Mr.Sabrad’s grievance is that alternate accommodation is less than what the Appellant is entitled to. I express no opinion on this issue. The Appellant is at liberty to apply to the Respondents for joint measurement and thereafter make an application before the Grievance Committee for increase in the area. The Appellant is also at liberty to apply before the trial Court in the event of there being any dispute in the joint measurement. It is clarified that this is only for the purpose of measurement. 3. In the circumstances, the Appeal from Order is dismissed. However, the Appellant shall not be dispossessed upto and inclusive to 31.8.2008 as a matter of indulgence. Mr.Sabrad on taking : 3 : instructions states that solid waste will not be disposed of in drainage.