IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 1392 OF 2008 PETITION NO. 1392 OF 2008 PETITION NO. 1392 OF 2008 1. Ravikumar Swami Durai & 22 ors. ] .. Petitioners Versus 1. The Mumbai Municipal Corporation & ] anr. ] .. Respondents Mr. V.R. Tripathi i/b M/s. V.R. Tripathi & Co. for the petitioners. Mr. A.Y. Sakhare, senior counsel with Mr.N.A. Shaikh for the respondent No.1. Ms. Madhubala Kajale, AGP, for the respondent No.2. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 23RD JUNE, 2008 P.C. : 1. The learned counsel for the petitioners states that the hutments of the petitioners have been demolished by the respondent corporation on 27th May, 2008. However, according to him, they are entitled to alternate accommodation in view of the fact that their hutments were in existence prior to 1st January, 1995. He submits that the petitioners will make fresh application to the Municipal authority along with evidence to prove that their hutments were on the site : 2 : prior to 1st January, 1995. He further submits that the corporation be directed to consider the said application. 2. The learned senior counsel appearing on behalf of the corporation submitted that the corporation has already considered the case of the petitioners, but if fresh application is made, it will be considered on its own merit once again. Therefore, the following order: (1) The petitioners shall make appropriate application within one week from today. (2) The Assistant Commissioner (G-North) is directed to consider the said application on its own merit and dispose of the said application within a period of four weeks by giving appropriate rationale reasons. (3) In case the original documents are asked for by the corporation, the petitioners shall submit the same for the perusal and inspection. 3. The Writ Petition, accordingly, stands disposed of. : 3 : Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]