1 wplod2316-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2316 OF 2011 Adhikari Diwansingh Umedsingh & Ors. .. Petitioners Versus The Administrator & Divisional Commissioner Konkan Division, Mumbai & Ors. .. Respondents Mr.Y.E.Mooman with Ms.N.B.Gawde for petitioners Mr.Chirag Balsara i/b. Divya Shah & Associates for respondent No.4 Mr.J.G.Reddy with Mr.Zatte for respondent No.5 (SRA) Ms.T. Puranik for BMC respondent No.2. CORAM : S.C.DHARMADHIKARI, J. 21st October, 2011. P.C.: 1] In view of the disposal of the Writ Petition No.1335 of 2011 along with Writ Petition No.1631 of 2011, this petition also is disposed of on the same terms. It is however clarified that petitioner No.6 (Joseph Devendra Maitry) is found to be eligible for the benefits of the scheme. Further as far as the eligibility of other petitioners, the SRA is directed to take a decision on the same by 31st December 2011. 2] In the aforesaid circumstances, time till 30th November is 2 wplod2316-11.doc granted to vacate the premises on the undertakings from the petitioners to this Court in the following terms being furnished/ filed in this Court within one week from today. The undertaking shall state that:- (a) The petitioners and their family members alone are in possession and occupation of the premises and that none other has been inducted or shall be inducted nor the premises would be transferred or parted with possession; (b) The petitioners together with their family members shall vacate the existing premises before 30th November 2011 so as to facilitate the redevelopment project; (c) If the petitioners fail to vacate the existing premises and hand over vacant and peaceful possession thereof by 30th November 2011, the competent authority shall be at liberty to execute the eviction order, if required, with due police protection; (d) The petitioners are agreeable to shift themselves, 3 wplod2316-11.doc either to the transit accommodation, which is being provided by the Developer, or if it is not suitable to them, to shift themselves to any other accommodation which is made available by the Developer within a radius of three kilometres; (e) If the petitioners do not wish to avail of either the transit accommodation or the accommodation being provided to them by the Developer as mentioned in clause (c) above, then, the petitioners may accept the monetary compensation in lieu thereof from the Developer. (f) It is clarified that the protection/ extension will be available only if the petitioners give undertaking as aforesaid within the stipulated time. 7] The writ petition is disposed off accordingly. No costs. (S.C.DHARMADHIKARI, J)