1 nmw137.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 137 OF 2011 IN WRIT PETITION NO. 1921 OF 2010 Rajendra Pundlikrao Godshalwar ....Petitioner. Vs. The State of Maharashtra & Ors. ....Respondents. Ms. Rajni Iyer, Sr. Advocate a/w Mr. S.V. Kadam a/w Ms. Apeksha S. i/by M/s. Kadam & Co. for the Petitioner. Mr. Milind More, AGP for Respondent Nos.1 and 2-State. Mr. Parvinder Singh Sethi for Respondent Nos. 3 to 9. CORAM : ANOOP V. MOHTA, J. DATE : 29th APRIL, 2011. P.C.:- Heard finally, as inspite of opportunities given Respondent Nos. 3 and 7 have not vacated the premises and Respondent Nos. 1 and 2 failed to take action though made the statement as recorded on 19th October, 2010. 2 The Notice of Motion is taken out by the Petitioner in the Writ 2 nmw137.11.sxw Petition for the following relief:- “(a) for an order, ordering and directing the Respondent No. 2 to immediately comply with the order dated 24th September, 2010 passed by the Administrator & Divisional Commissioner, Konkan Division against the Respondent Nos. 3, 4, 7, 8 and 9.” 3 Admittedly, this order dated 24th September, 2010 is not challenged by Respondent Nos. 3 and 7. The submission is that based upon this there is further order dated 31st January, 2010, on the same line. 4 The learned counsel appearing for Respondent Nos. 1 and 2 makes statement that in view of this order, they will take steps in accordance with law within one week. 5 The statement is also made by the learned Senior counsel appearing for the Petitioner that other Respondents i.e. Respondent Nos. 4, 8 and 9 have already vacated and shifted in the rehab building. 6 The learned counsel appearing for Respondent Nos. 3 and 7 vehemently submits that they are entitled for total 3 structures, herself 3 nmw137.11.sxw and her two daughters, which issue is in dispute and objected even by the Petitioner, as well as, Respondent Nos. 1 and 2. Even otherwise, whatever entitlement of other structures, if any, just cannot be gone into at this stage of the project in the present Petition. The concerned Respondents/parties are at liberty to agitate the same before the appropriate forum so far as their rights referring to alleged two structures of the daughters. Such occupiers are not entitled for more than one premises; unless case is made out as per the law. 7 Admittedly, the project is in progress. All 41 occupants have already vacated the premises, except Respondent Nos. 3 and 7. That halted the project which is already commenced since last six months. It is clear that such obstruction definitely cause injustice to all other tenants who have already vacated the premises and definitely hamper the project of the Petitioner. In my view, such project means financial and commercial aspect of all developers, which also need to be considered at every steps of development of such projects. The construction of rehab-building itself is not sufficient. The developer cannot built on remaining part or portion unless all tenants vacate the premises. He cannot commence further construction of saleable components, which according to me should run together. Therefore, 4 nmw137.11.sxw considering the facts and circumstances and as balance of convenience and equity and non-cooperative conduct of Respondent Nos. 3 and 7, in my view, are also in favour of the development of the project and definitely in the interest of all other tenants/ occupants as well as the Petitioner. The Petitioner is under obligation to provide them alternate accommodation along with others. 8 In the result, the Notice of Motion is allowed in terms of prayer clause (a). No costs. 9 The learned counsel appearing for Respondent Nos. 3 and 7 submits that the effect and operation of this order be stayed. The same is opposed by the learned Senior Counsel appearing for the Petitioner as well as Respondent Nos. 1 and 2. Even otherwise, considering the reasoning so recorded, in my view, there is no reason to stay this order as passed. The submission is rejected. (ANOOP V. MOHTA, J.)