wplod2840-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2840 OF 2010 Vijay Seetaram Bandivadekar .. Petitioner Versus Mumbai Building Repairs & Reconstruction Board & ors. .. Respondents Mr.P.S.Sethi i/b. A.R.Awasthi for petitioner Mr.G.W.Mattos, AGP for respondent No.5 Ms.M.B.Gawde i/b. Y.E.Mooman for respondent No.4 CORAM: S.C.DHARMADHIKARI, J. DATE : 28th FEBRUARY 2011 P.C. 1] Petitioners claim to be a tenant of the premises which are more particularly described in para 3 of the affidavit of Imtiyaz A. Raut, Deputy Engineer, affirmed on 25th February 2011. 2] Mr.Mattos, learned AGP points out that the petitioner is the occupant of the premises in question. The petitioner claims to be exclusively entitled to the tenancy rights. wplod2840-10.doc 2 3] Mr.Mattos states that on the petitioner executing an indemnity bond in favour of the authorities that he will keep the Authorities indemnified against all claims that may be made by any person as tenant of these premises/ structures, the Mumbai Repair and Reconstruction Board – respondent No.2 shall provide to the petitioner permanent alternate accommodation admeasuring 55.75 sq.mtrs. Equivalent to 600 sft carpet. This statement made by Mr.Mattos on instructions and as reiterated in the affidavit are accepted as undertakings to this Court and subject to the compliance as above by the petitioner, he will be put in possession of this permanent alternate accommodation. However, the petitioner will have to execute an agreement with the respondent No.4 developer which will be executed within two weeks from today. The developer builder to register the said agreement within two weeks thereafter. 4] Needless to clarify that if the petitioner does not vacate his existing premises, the Authorities are at liberty to execute and enforce all their orders and actions and evict the petitioner wplod2840-10.doc 3 summarily from the existing premises by such force as is permissible in law. Further, if the petitioner's premises are found locked, the Authorities are permitted to break open the lock with the assistance of police personnel and take forcible possession of the premises. It is stated that the indemnity bond must be executed prior to execution of the agreement. The petitioner states that he will execute the indemnity bond within one week from today. Petition is disposed off in the above terms. (S.C.DHARMADHIKARI, J)