1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 1356 OF 2010 IN WRIT PETITION NO. 4719 OF 2007 (DECIDED) (Gram Panchayat, Pahur and others .v. State of Maharashtra and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. Anjali Joshi, Advocate for the petitioners/applicants. Smt. B.H. Dangre, AGP for the respondent Nos.1 to 3. Shri Anand Parchure, Advocate for the respondent No.4. CORAM : D.B. BHOSALE AND PRASANNA B. VARALE, JJ. 11TH JUNE, 2010. Heard learned Counsel for the parties. By this application in a disposed of Writ Petition No. 4719 of 2007 decided on 12th October, 2009, the applicants have prayed for six months' extension for shifting to the alternate sites allotted to them for rehabilitation by the government. This Court, while disposing of the Writ Petition on 12th October, 2009, in the order, made the following observations :- “After hearing the respective Counsel and after perusal of the report of the Commissioner, we find that the petitioners should have made alternate arrangements for themselves or they should have offered to shift to transit camps to show their bonafide. In the absence of necessary material, we are not doubting the intentions of the petitioners in the matter at all, but still we feel that more responsible approach was necessary. In the interest of justice and at their risk, we grant them time till 30.04.2010 to construct their houses at alternate sites offered to them by the Government. If their houses are not constructed by them till then and in any case in first week of May, 2010, the respondents shall be free to shift them to transit camps. However, the arrangement made above is without prejudice to the request of the petitioners for grant of soft loan or for making the alternate housing arrangement for them by the Government. If the 2 Government considers it appropriate, the Government may make appropriate provision for said assistance to the petitioners if its policy permits it. However, it is made clear that fact that the issue of assistance is being considered by the Government or because the Government has rejected or not rejected the assistance till last moment, will not exempt petitioners from shifting to transit camps in 1st week of May, 2010.” Thus, the applicants were granted time to shift to transit camps in the first week of May, 2010. Thereafter, while dealing with this application, in the vacation, the learned Single Judge extended the time till 10th June, 2010 and while doing so, the learned Single Judge recorded in the order as follows :- “The learned Government Pleader then states that in case the applicants do not shift their residential houses to the alternate site immediately, the water level in the project will have to be kept on the lower side and that would seriously affect the villagers and other people for whose benefit the Bembla Project is developed. The learned Government Pleader, therefore, submits that granting of any further time in this case would cause serious inconvenience to the beneficiaries of the project. Though a prima facie case has not been made out by the applicant for extension of time of six months for shifting their houses to the alternate site, as the order was passed by the Division Bench of this Court on 12th October 2009, also mentioning the consequences of not shifting of the houses before the first week of May, 2010, it would be necessary to protect the applicants during the summer vacation till 10th June, 2010.” Today, the learned Counsel for the applicants has placed on record the pursis dated 11.05.2010 stating therein as to why the villagers could not complete the construction of their houses on newly allotted sites within the stipulated period. Insofar as shifting is concerned, it is stated in the pursis that sufficient number of transit accommodations are not available to all the villagers and in view thereof she prayed for extension of 3 time in the application. Shri Anand Parchure, learned Counsel for respondent No.4 submits that sufficient number of transit accommodations in the transit camps are available to accommodate every villager and he submits that they will complete the process of allotment of transit accommodations within a period of 8-10 days from today. If such allotments are made and letters to that effect are issued to the villagers within a period of 10 days from today, it is possible for the villagers to shift to the transit accommodations allotted to them within a period of 15 days therefrom. We direct all the villagers to shift on or before 5th July, 2010 to the transit accommodations and/or to the houses constructed by them at the sites. If the villagers do not vacate their houses which are likely to be submerged in view of the ensuing monsoon, they may be shifted with the police aid. With these observations, Civil Application is disposed of. Steno copy of this order duly authenticated by the Court Sheristedar be furnished to the learned Counsel for the respective parties on payment of usual charges. JUDGE JUDGE *rrg.