gopi 1 nm-296-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.296 OF 2011 IN WRIT PETITION NO.1152 OF 2011 City Space & Ors. ... Petitioners V/s. State of Maharashtra & Ors. .. Respondents. And M/s.Navkar Construction ... Respondent in Notice of Motion. Mr.G.D. Utangale i/b. Utangale & Co., for the applicant in Notice of Motion. Mr. Z.A. Jariwala i/b. Thakore Jariwala & Associates for petitioners Mr. A.P. Fanibanda with Mr. B.V. Phadnis for respondent. Mrs. M. Kajale, AGP for State. CORAM: MOHIT S. SHAH, C.J., AND MRS.ROSHAN DALVI, J. DATED : 27 September 2011. P.C. Learned Counsel for the applicants and the learned Counsel for the S.R.A., learned A.G.P., for State have placed the Minutes of Order on record of this Court for implementation of the rehabilitation scheme. The said Minutes are taken on record and marked “X” for identification. Learned Counsel for the petitioners in Writ Petition No.1152 of 2002 has tendered affidavit dated 27 September 2011 of petitioner No.2 in Writ Petition objecting to the permission sought for by the applicants gopi 2 nm-296-11 on the grounds set out therein. 2. Having considered the said objections and having regard to the fact that the land admeasuring 6701.28 sq. meters of village Akurli, Kandivali East, Mumbai is occupied by the slum dwellers and that on implementation of the slum redevelopment scheme sanctioned by the S.R.A., the applicants will be able to provide 118 rehabilitation tenements to slum dwellers free of cost and that the applicants do not propose to reduce the area of the playground which is covered by the present slum rehabilitation scheme i.e. D.P. Playground will remain 862.08 sq. meters, we are inclined to pass order in terms of Minutes of Order submitted by the learned Counsel for the applicants, the learned Counsel for the S.R.A., and the learned A.G.P. 3. The main objection of the petitioners in Writ Petition is that there is an adjoining plot with the remaining playground area and that the same should also be developed as the total playground reservation is 2562.38 sq. meters. The argument of the petitioner in Writ Petition is that the land in question should be developed along with the remaining playground area of 1700.30 sq. meters. 4. Learned Counsel for the applicants states that the slum dwellers on the adjoining plot are not members of the applicant No.1 society and that they are likely to form another Co-operative Housing Society for which another rehabilitation project will be considered by the S.R.A.. It is submitted that the entire process of sanction of such other slum rehabilitation project is likely to take 3-4 years and that there is no justification in asking the slum dwellers who are occupying 6701.28 sq. gopi 3 nm-296-11 meters of land to wait till the other slum dwellers on the adjoining plot agree to form a Co-operative Housing Society and they enter into an agreement with the Developer and the S.R.A., sanctions their rehabilitation project. 5. In view of the above, we accept the Minutes of Order and allow the Notice of Motion No.296 of 2011 in terms of the Minutes of the Order presented by the learned Counsel for the applicants, learned Counsel for the S.R.A., and the learned A.G.P., for State. Notice of Motion is accordingly disposed of. (CHIEF JUSTICE) (ROSHAN DALVI, J.)