1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2201 OF 2007 Madhusudan Janardan Seth ..Petitioner V/s. Maharashtra Housing And Area ..Respondents Development Authority & ors Mr.Santosh Narwade i/b.Mr.M.M.Vashi, Advocate, for petitioner G.W.Mattos, AGP, for respondent No.1 Ms.S.S.Shah i/b.Mehta & Girdharlal, Advocate, for respondent No.2 Mr.S.J.Kanojia, Advocate, for respondent No.3 CORAM : J.N.PATEL & K.U.CHANDIWAL, JJ. DATE : 16TH JULY, 2008 P.C. . Heard. 2. The petitioner has approached this Court for seeking declaration that the petitioner and 3rd respondent are entitled to the permanent alternate accomodation in the building which will be newly constructed and the respondent Nos.1 & 2 be ordered and directed to give permanent alternate accomodation to the petitioner and 3rd respondent in the newly constructed building, in same area admeasuring proportionate carpet area. 2 3. The learned counsel appearing for respondent No.2 – landlord states that the building is in dilapidated condition. There is a litigation going on between the parties in the same cases and that in case, the petitioner – tenant vacats the premises the landlord is permitted to re-develop the building and occupy the same itself shows that the respondent No.2 – landlord is prepared to take up the development and re-settle the tenants. 4. The learned counsel for the petitioner submits that this should be done through MHADA. The tenants cannot dictate terms to the landlord particularly, when the landlord has an eviction decree in his favour which is the subject matter of appeal. Therefore, in our view, petition is pre- mature and same is dismissed. (J.N.PATEL, J.) (K.U.CHANDIWAL, J.)