1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMMONS NO.366 OF 2008 CHAMBER SUMMMONS NO.366 OF 2008 CHAMBER SUMMMONS NO.366 OF 2008 IN IN IN WRIT PETITION NO.2905 OF 2001 WRIT PETITION NO.2905 OF 2001 WRIT PETITION NO.2905 OF 2001 WITH WITH WITH NOTICE OF MOTION NO.558 OF 2008 NOTICE OF MOTION NO.558 OF 2008 NOTICE OF MOTION NO.558 OF 2008 IN IN IN NOTICE OF MOTION NO.98 OF 2007 NOTICE OF MOTION NO.98 OF 2007 NOTICE OF MOTION NO.98 OF 2007 IN IN IN WRIT PETITION NO.2905 OF 2001 WRIT PETITION NO.2905 OF 2001 WRIT PETITION NO.2905 OF 2001 Manubhai Paraji Vashi .. Petitioner. vs. The Union of India & Ors. .. Respondents And Sheetal Anil Mangwana .. Applicant Ms.Gayatri Singh for the applicant in Chamber Summons No.366 of 2008 and Notice of Motion No.558 of 2008 Mr.N.S.Narwade i/b Mr.M.P.Vashi for the petitioner Mr.K.R.Belosay, ’A’ Panel Counsel for the State Mr.R.Rodrigues for the University Ms.S.D.Manwar for the B.M.C. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.C. DHARMADHIKARI, JJ. S.C. DHARMADHIKARI, JJ. S.C. DHARMADHIKARI, JJ. 2 DATE: 4TH DECEMBER, 2008. DATE: 4TH DECEMBER, 2008. DATE: 4TH DECEMBER, 2008. P.C. 1. Heard the learned counsel for the parties. 2. The learned counsel appearing for the applicant submitted that the applicant being member of Maharishi Valmiki Co-operative Housing Society represents 885 families that dwelled at Valmiki Nagar, (Bharat Nagar), Bandra (East), Mumbai 400 051 and that they have been dislodged from their habitat pursuant to the orders passed by this court that they have a right to be rehabilitated. 3. It is submitted by the learned counsel appearing for the applicant that the applicant and persons who are aggrieved in the matter in so far as their rights to be rehabilitated is concerned, they would file separate writ petition in this court and that the Chamber Summons may be disposed of accordingly. 4. Mr.Belsey, the learned ’A’ Panel Counsel appearing for the State of Maharashtra informs the 3 court that all encroachments within the University Campus have been removed on 26.11.2008 and the possession is handed over to University of Mumbai. 5. Mr.Rui Rodrigues, the learned counsel appearing for the University of Mumbai submits that the respondent State has removed all encroachments and unauthorised constructions from the University Campus and that University would take effective steps to construct the boundary wall and protect their land. 6. Before we dispose of the Chamber Summons, we make it clear that in case the petitioner or the persons whose interest the petitioner is espousing for rehabilitation, the State Government will consider their right in accordance with law and if at all they are eligible for rehabilitation, all these persons would not be rehabilitated "in situ" and for future take all necessary preventive steps not to allow any encroachments or unauthorised structures being erected within the University Campus of University of Mumbai at Kalina i.e.Survey No.4094. In case University approaches the State Government for extending assistance for removing any encroachments or 4 unauthorised structures within their Campus, the State shall forthwith act in the matter. 7. With these observations and directions, we dispose of the Chamber Summons No.366 of 2008. In view of the fact that the applicant have not pressed for the Chamber Summons, Notice of Motion No.558 of 2008 does not survive. The same is also disposed of. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.) (S.C. Dharmadhikari, J.)