mp -1- CA98-_11 in AO908_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 98 OF 2011 IN APPEAL FROM ORDER NO. 908 OF 2010 IN NOTICE OF MOTION NO. 2980 OF 2007 IN L.C.SUIT NO. 3215 OF 2007 M/s. Saifee Foundation Trust .. Applicant Versus Mr. Subhas Sakharam Katke and another .. Respondents Mr. Vijay Hegde for Applicant in CA 98 of 2011 and Respondent in AO 908 of 2010. Mr. A. S. Uraizee with Mr. M. V. Singh for Appellant in A.O. 908 of 2010. Ms. K. K. Soraan for BMC. CORAM : B.R. GAVAI, J. THURSDAY, JANUARY 20, 2011 P.C. : By way of the present application, the applicant is praying for recalling the order passed by this court on 5th January 2011 vide which the Civil Application No. 1751 of 2010 filed by the non- applicant - appellant was allowed. 2. The Civil Application was listed before this Court on 5th January 2011. When the matter was called out in the morning session, mp -2- CA98-_11 in AO908_10 the appellant – applicant was represented by the learned Counsel, Mr. A. S. Vraizee. However, the respondent though was represented by the Advocate, Mr. Vijay S. Hegde was not present in the court. However, in order to give a fair opportunity to the respondent, the matter was kept back. The matter was again called out in post-lunch session. At that time also, neither Respondent No. 1 nor his counsel was present. As such, this court, after considering the submission made on behalf of the appellant therein allowed the Civil Application. 3. The present Civil Application for recalling the said order is based on the ground that the Counsel was under the bonafide impression that a notice would be issued by this court to him and thereupon he would be required to argue the matter. The ground raised is unknown to the settled norms of practice. When a Counsel puts in his appearance for the respondent, it is presumed that he is duly represented and no notice is required. It is not in dispute that Shri Hegde had filed his appearance on behalf of respondent No. 1. Not only this but he had also argued the matter when the appeal was listed for admission before Hon’ble Shri Justice J. H. Bhatia and Hon’ble Shri Justice D. G. Karnik. It is also not in dispute that his name was notified in the cause list of said date. In that view of the matter, taking into consideration the grounds raised in the application, I could have been very well justified in rejecting the application as not tenable. However, in the interests of justice, I have permitted the learned Counsel for the applicant (respondent in the appeal) to submit on merits of the matter. mp -3- CA98-_11 in AO908_10 4. The learned Counsel submits that in view of the Government Resolution dated 11th July 2001, since the land on which the applicant’s structure is situated is reserved for the municipal market, he is entitled to get an alternate accommodation from the person who develops the same. He submits that the petitioner is having a ration card which shows that he is residing there since 1994, and as such, he is entitled to protection. 5. In my considered view,the submission is on total erroneous interpretation of Government Resolution dated 11th July 2001. Paragraph 2 of the said Resolution on which the learned Counsel relies itself provides that the said Government Resolution would be applicable only to such construction which are carried out prior to 01.01.1995 in the declared slums. The said Government Resolution further requires that for the entitlement to the benefit of the said Government Resolution, the name of the person concerned must have been appearing in the voters’ list on 1st January 1995. The said Government Resolution further prescribes the procedure for grant of identity card in proof of the person entitled to the benefit of the Government Resolution. Admittedly, neither the applicant has produced any document to show that his name was entered in the voters’ list in January 1995 nor that he has been issued identity card. 6. In that view of the matter, no merit is found in the application. Hence rejected. (B. R. GAVAI, J)