1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 312 OF 2010 A.R.P. Building Bhadekaru Sangh, through its President Deepak N.Rane & Ors. ...Petitioners. Vs. State of Maharashtra & Ors. ....Respondents. ..... Mr. Madhav J. Jamdar, Sr.Advocate for the Petitioners. Mr. Milind More,AGP for Respondent N0.1-State. Mr. S.P. Thorat, for Respondent Nos.2 and 3. Ms. G.S. Joglekar, for Respondent No.4. ..... CORAM : J.N. PATEL, Acting C.J. & S.C. DHARMADHIKARI, J. DATE : 15th JUNE, 2010. P.C. 1] By this Writ Petition under Article 226 of Constitution of India the Petitioner prays for directions in the nature of mandamus directing Respondents and particularly the Respondent Nos.2 and 3 to take steps for implementing their decision of constructing Building No.10 at New Chikhalwadi, Naushir Bharucha Road, Mumbai-400 007 and allot the tenements on permanent basis to the existing occupants. 2] On notice being issued an affidavit-in-reply has been filed by the Executive Engineer of the Respondent No.3-Board stating therein steps 2 taken till date and stating that out of 10 buildings 9 buildings have been constructed. The Executive Engineer has stated in paragraph 5 of his Affidavit-in-reply that out of 370 tenement holders almost all are rehabilitated in Building Nos.1 to 8 and therefore only 45 tenement holders/occupants are remained to be rehabilitated. The details of the persons rehabilitated are set out in the paragraph 5. In paragraph 8, the decision of the board taken on 16.2.2010 is referred. The Executive Engineer has assured the Court that it is obligation of Respondent Nos.2 and 3 to accommodate the tenement holders/occupants residing in dangerous and dilapidated buildings. It has been stated that similarly the occupants situated in ARP Building Nos.2 and 3 will be shifted to some other place. It has been stated that the Building No.10 remains to be constructed and would be constructed expeditiously and all persons including the Petitioners would be given permanent alternative accommodation in Building No.10. 3] In the light of these statements made on oath which are accepted as an undertaking to this Court, nothing survives in the Writ Petition and it is disposed of. 4] Shri Thorat after taking instructions from Respondent Nos.2 and 3 states that the construction of Building No.10 will be completed as expeditiously as possible. 3 5] We are therefore sure that the Authority would abide by these statements and complete the construction work as expeditiously as possible and preferably within a period of three years from today. (ACTING CHIEF JUSTICE) (S. C. DHARMADHIKARI, J.)