:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 6711 OF 2007 Mahesh Parmar and anr. ...Petitioners Versus Assistant Municipal Commissioner, Mumbai Municipal Corporation, Mumbai ....Respondents Sampatrao A. Pawar Adv. for the petitioners. Shri Bhor Adv. for respondent no.1. Ms.P.S.Cardozo, AGP for respondent no.2. CORAM: S.C.DHARMADHIKARI, J. 24th January, 2008. P.C. P.C. P.C. : : : 1. The petitioners are aggrieved by an order passed by the Commissioner, Konkan division in Appeal no. De/Slum/392 of 2006 dated 21.7.2007. By this order, :2: :2: :2: the Divisional Commissioner has rejected the petitioner’s Appeal under Section 35 of the Maharashtra Slum Areas Improvement Clearance and Redevelopment) Act, 1971 (Slum Act for short). 2. The Assistant Municipal Commissioner, D-Ward, by an order dated 16.8.2006 had directed that petitioner no.2 Ramesh Babulal Sutar should remove himself from the structure or else the structure would be demolished and steps would be taken for his removal. 3. The case of the petitioner is that the said Ramesh Sutar is not the person entitled to the benefit of the Scheme under the Slum Act. All throughout, Ramesh Sutar is representing petitioner no.1 Mahesh Parmar who has been issued a photopass and is in occupation of the structure prior to the cut-off date i.e. 1.1.1995. He has in his possession documents to evidence this fact. However, the matter has been examined on the basis that the said Ramesh Sutar is the claimant for the permanent alternate accommodation. 4. Having perused the impugned orders and heard :3: :3: :3: learned counsel appearing for parties, I am of the view that the petitioners deserve to be granted one last opportunity to substantiate the claim of Mahesh Parmar for permanent alternate accommodation. It is clarified that the claim of Mahesh Parmar, alone would be processed and the authorities shall decide the same on the basis that Ramesh Sutar has no right independent of Mahesh Parmar. If Mahesh Parmar can prove his eligibility, then, the authorities to take necessary steps in accordance with law. The claim of Mahesh Parmar to be adjudicated upon afresh and without being influenced by the impugned orders. Mr.Pawar, submits that Mahesh Parmar will file an application within a period of two weeks from today. If the same is filed within this period, it shall be dealt with in accordance with law. If the claim is filed within the aforesaid period, the Authorities to endeavour and decide the same within a period of six weeks from the date of its receipt. Petition disposed off. No costs. sd/- ******