ssp 1 WP(L) 278 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.278 OF 2011 WITH CHAMBER SUMMONS NO.142 OF 2011 Bhoiwada Gaon Swapnapurti Co-operative Housing Society Ltd. and Anr. .....Petitioners versus The Municipal Corporation of Greater Mumbai and Ors. ..... Respondents Mr.V.A.Thorat, Senior Advocate i/by Mr.S.A.Sawant, for the petitioner. Ms.V.S.Gharpure, for respondent No.1. Mr.Shyam Mehta, Senior Advocate i/by Madekar and Co., for respondent No.2. Ms.Uma Palsule Desai, AGP, for respondent No.3. Mr.Kedar Wagale, for the applicant in Chamber Summons No.142 of 2011. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 13 th SEPTEMBER, 2011 P.C. 1. The above petition highlights the difficulties faced by the authorities in implementing the scheme for redevelopment of what is known as Bhoiwada Village, which decision was taken in the year 1989. The said redevelopment scheme takes within its fold the municipal structures as well as two private buildings. The redevelopment scheme has not taken off in view of the difficulties faced in getting the occupants of the structures of the Municipal Corporation evicted, though, orders ssp 2 WP(L) 278 of 2011 have been passed under Section 105(b) of the Bombay Municipal Corporation Act. 2. In so far as the two private buildings are concerned, though a proposal has been mooted by the Corporation for acquiring the said structures so that the same can be encompassed within the said redevelopment scheme. No progress has been made in that behalf. The parties before us who are represented by the learned counsel are ad idem that certain directions are required to be issued so that the redevelopment scheme of the Bhoiwada Village takes off and is implemented expeditiously. Hence, after hearing the counsel for the parties and after going through the respective replies, we deem it appropriate to issue the following directions : (i) The statement of the learned counsel for the respondent No.1 Corporation that the vacant possession of the 22 municipal premises wherein eviction orders have been passed, will be obtained as soon as the required police bandobast is made available, is accepted. In respect of the said 22 cases wherein eviction orders have been passed and warrant of possession is issued, the concerned local police i.e. Senior Inspector of Police, Kidwai Nagar Police Station, to provide necessary Police bandobast as and when it is requisitioned by the respondent No.1 Corporation. (ii) In so far as the shifting to the transit accommodation is ssp 3 WP(L) 278 of 2011 concerned, the unwilling occupants who are refusing to shift to the transit accommodation, it will be open for the respondent No.1 to proceed against them in accordance with law. (iii) In so far as the issue of split tenancy is concerned, which issue we are told, arises in large number of cases, it has been stated in the affidavit-in-reply filed by the respondent No.1 that out of 137 cases wherein the issue of split tenancy arise, 137 cases have been dealt with. The respondent Corporation would therefore, proceed against the occupants in respect of the said split tenancies in accordance with law and in terms of the decision that it has taken. (iv) In so far as the question of the two private buildings which form part of the Bhoiwada Village and therefore, are part of the redevelopment scheme, we are informed that the Improvement Committee of the respondent No.1 Corporation has sanctioned the said proposal and pursuant to the said sanction, the papers were forwarded to the State Government for an appropriate decision, we direct the concerned department of the State Government to take a decision on the proposal of the Corporation within a period of three months from date. Learned AGP to intimate the concerned department of the State Government as regards the aforesaid direction. (v) Since the Bhoiwada redevelopment scheme is implemented in ssp 4 WP(L) 278 of 2011 phases, it may be that in future some occupants/tenants may impede the redevelopment of the said scheme. Needless to say that the respondent No.1 Corporation in those cases would take appropriate action in accordance with law without waiting further directions from this Court. The Local Police is directed to consider the request for grant of police bandobast as and when requisition is made by the respondent No.1 Corporation, for the implementation of the said Bhoiwada Village redevelopment is concerned and grant the same if there are no other impediments coming in the way. 3. In the light of the above, the parties are agreeable that no further directions need be issued. The writ petition is disposed of in terms of the above. 4. In view of the orders passed in the writ petition, no orders are required to be passed in the Chamber summons No.142 of 2011 and the same is accordingly disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )