1 wp4852-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4852 OF 2011 Ashok A. Shinde ..Petitioner versus The Additional Collector & Ors ..Respondents Mr.Sandeep V. Bane for the petitioner. Mr.S.N.Bhosle, A.G.P for respondent No.1. Mr.G.D.Utangale i/by M/s.Utangale & Co for respondent No.3. CORAM : S.C.DHARMADHIKARI, J. 22nd July 2011. P.C.: . The allegation against the petitioner is that having been allotted permanent alternate accommodation in the slum rehabilitation scheme and knowing fully well the prohibition that for a period of ten years from the date of allotment the premises cannot be transferred, he has found to have inducted one Mr.Desai in the premises. The petitioner was not found in possession and that is how the order under section 33 of the Slum Act has been passed, which came to be confirmed in appeal by the Commissioner, Konkan Division under section 35 of the Act. 2 wp4852-11.doc 2 The petitioner apprehends that by virtue of these orders, he would be evicted from the premises forcibly. The advocate for the petitioner argues that the said Desai is not outsider or third party, but, he is nephew of the petitioner. The petitioner is senior citizen and was ill for some time, therefore, he and his wife called nephew who came to reside with him. There is no question of parting with the possession or transferring the premises. 3 On a query from the Court as to how such a case has been introduced for the first time in this writ petition and why this version was never placed before the authorities, the petitioner’s advocate states that considering that the petitioner is a senior citizen, one last opportunity be given to him to satisfy the authorities that there is no transfer of the premises nor the possession is parted with, contrary to the prohibition contained in the scheme and the letter of allotment. 3 wp4852-11.doc 4 In the peculiar facts and when the petitioner is facing eviction from the premises, interest of justice would be served if the petitioner appears before the Additional Collector- Respondent No.1 on 2nd August 2011 at 10.30 a.m and produces proof in support of the above statement. If the necessary proof in the form of documents including affidavits from all concerned are produced, the Additional Collector to examine and scrutinise the same and pass necessary orders thereon within a period of two weeks from the date of appearance. For a period of four weeks from today, the petitioner shall not be evicted from the said premises. It is clarified that this Court has not expressed any opinion on the contention raised and merely on humanitarian grounds and since the petitioner states that he has not committed any act contrary to the terms and conditions of the allotment, that this order is passed. (S.C.DHARMADHIKARI, J)