AJN 05-OS-WP(L)2882.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.2882 OF 2010 M/s. Dhama Seva Co-operative Housing Society Limited & Ors. ... Petitioners Vs. The State of Maharashtra & Anr. ... Respondents Mr. Mehul Rathod i/b A.M. Saraogi for the petitioners. Mr. B.D. Joshi for the B.M.C. Ms. Madhubala Kajale, AGP for the State. Mr. G.D. Utangale for respondent 2. Mr. A.C. Singh i/b Mr. Subhash Chandra Pal for respondent 4. CORAM: MRS. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 5TH APRIL, 2011. P.C.:- 1. The petitioners have prayed that a direction be given to respondents 2 and 3 to allow the members of the 1st petitioner to continue to be in use, occupation and AJN 05-OS-WP(L)2882.10 2 possession of temporary alternate accommodation (Transit Camp) provided by respondent 4 at plot bearing CTS No.10 (Pt) of Village Kurla, behind BEST Bus Stand, Kurla (East), Mumbai – 400 024 till 31/12/2011, on such terms and subject to payment of such amount as this court may deem fit and proper. 2. We have heard, at length, learned counsel for the parties. It appears that the basic issue involved in this petition is that the builder i.e. respondent 4 has constructed a transit accommodation in the plot owned by the Corporation, which is needed by the Corporation for constructing a market. Respondent 4 has not been able to construct the permanent accommodation in which the members of the 1st petitioner have to be shifted. Mr. Singh, learned counsel for respondent 4 submitted that respondent 4 will complete the building in which the 1st petitioner's members have to be shifted within six months and hand over vacant and peaceful possession of the same to them. We had directed respondent 4 to file an undertaking to that AJN 05-OS-WP(L)2882.10 3 effect. The undertaking has been filed by Shakil Ahmed Mohd. Hussain Siddiqui, partner of respondent 4, which reads thus: “I, Shakil Ahmed Mohd. Hussain Siddique, aged about 30 Years, the partner of the Respondent No.4 hereinabove, having my office at 6, Gulam Nabi Manzil, 2nd Hasanabad Lane, Santacruz (West), Mumbai do hereby undertake to this Hon'ble Court on my behalf and on behalf of my other partners as under: 1. The Respondent No.4 shall vacate the Plot bearing C.T.S. No.10(Pt) o Village-Kurla, behind BEST Bus Stand, Kurla (East), Mumbai – 400 024 within 6 months from 28th March, 2011 and handover vacant and peaceful possession of the same to the Respondent No.3 Municipal Corporation of Greater Mumbai on or before 28-09-2011. The Respondent No.4 further undertakes to remove and/or demolish temporary transit accommodation constructed thereupon and shift the occupants to the newly constructed building. The Respondent No.4 undertakes to pay compensation to the Municipal Corporation of Greater Mumbai from 01st January, 2007 till 28th September, 2011.” 3. The said undertaking is taken on record and marked AJN 05-OS-WP(L)2882.10 4 “X”. We accept this undertaking. In view of the statement made on behalf of respondent 4, we direct that respondent 4 shall vacate the said plot and hand over peaceful and vacant possession of the same to the Corporation on or before 28/9/2011. We direct that respondent 4 shall remove and/or demolish temporary transit accommodation constructed thereon and shift the occupants to the newly constructed building and pay compensation to the Corporation from 1/1/2007 to 28/9/2011. Mr. Singh states that respondent 4 shall pay the amount of compensation to the Corporation within a period of four weeks from today. This statement is also accepted. 4. Mr. Joshi, learned counsel for the Corporation states that respondent 4 may be directed to deposit some amount as security deposit. He submits that the Corporation needs to be secured in case respondent 4 does not abide by the undertaking and the building needs to be demolished by the Corporation. We notice that in 2006, respondent 4 had deposited an amount of Rs.5,20,000/- with the Corporation AJN 05-OS-WP(L)2882.10 5 as security deposit. According to the Corporation, that security deposit has now been forfeited. This amount was deposited in 2006. We are of the opinion that respondent 4 should now deposit an amount of Rs.10 lakhs as security deposit with this court. 5. Mr. Singh, learned counsel for respondent 4 states that the amount will be deposited in this court within a period of three weeks from today. On such amount being deposited, we direct the Prothonotary & Senior Master, High Court, Bombay to invest the said amount in any nationalized bank on usual terms for a period of six months from the date of deposit. 6. Needless to say that in case respondent 4 abides by the undertaking and demolishes the said building, respondent 4 will be at liberty to withdraw the said deposit with interest accrued thereon. In case, respondent 4 commits breach thereof, the Corporation will be entitled to apply to this court for withdrawal of the said amount. In AJN 05-OS-WP(L)2882.10 6 view of the above order, since respondent 4 has to complete construction of permanent accommodation in which the 1st petitioner's members have to be shifted within a time frame, the Slum Rehabilitation Authority i.e. respondent 3 herein shall expedite the grant of necessary permission, in accordance with law. In view of the above directions, no further orders are necessary. The petition is disposed of. [MRS. RANJANA DESAI, J.] [R.G. KETKAR, J.]