=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.616 OF 2002 NO.616 OF 2002 NO.616 OF 2002 Nirmala J. Patil ...Petitioner v/s The Secretary, Slum Rehabilitation Authority, Bandra (East), Mumbai 400 051 and others ...Respondents Mr Vijay Bhate with Mr Nitin Havre for Petitioner. Mr Milind More, AGP for Respondent No.5. Mr P.G. Karande for Respondent No.6. WITH WITH WITH WRIT WRIT WRIT PETITION NO.2541 OF 2003 PETITION NO.2541 OF 2003 PETITION NO.2541 OF 2003 Vijayanand Narayan Agre and ors. ...Petitioners v/s The Chief Executive Officer, Slum Rehabilitation Authority, Bandra (East), Mumbai 400 051 and others ...Respondents =2= Mr H.R. Pawar for Petitioners. Mr P.G. Karande for Respondent No.2. Mr Milind More, AGP for Respondent No.3. Mr Vijay M. Bhate with Mr N.G. Havre for Respondent No.6. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 7TH MAY 2009 7TH MAY 2009 7TH MAY 2009 P.C. :- 1. Considering the nature of the controversy involved in these petitions, both the petitions can be conveniently disposed off by a common order. 2. The relevant facts are that the petitioner in writ petition No.616 of 2002 - Nirmala Patil claims to be daughter of one Bhikaji Appaji Nagwekar who was occupier of old structure being Room No.20, Chawl No.6, Plot No.92, Khotwadi Bal Govind Das Road, Mahim, Mumbai 400 016. She claims that the room which was to be allotted to her father in the newly constructed building, who is no more, should be given to her because her father had made a will in her favour which has been probated. In this petition, an ad-interim order has been made by the Division Bench of this Court by which =3= the Slum Rehabilitation Authority has been directed to allot, subject to the result of the petition, one tenement to the petitioner Nirmala in the new building. The petitioner in writ petition No.2541 of 2003 - Narayan Agre was allotted a tenement in the same building by the Chief Promoter of Shri Brahmandev C.H.S. Ltd. by his letter dated 13th September 2000. Though the allotment was made in his favour in the year 2000, he did not occupy the room. In the year 2003, when ad-interim order was made by the Court in writ petition No.616 of 2002, it appears that the Slum Rehabilitation Authority, on finding that the room allotted to the petitioner - Narayan Agre is the only room vacant in the building, allotted that room to the petitioner Nirmala Patil pursuant to the ad-interim order passed in her petition. Feeling aggrieved by the allotment of his room to Nirmala Patil, Narayan Agre has come to the Court claiming that he is entitled to his room. So far as the petitioner Nirmala Patil is concerned, she is not able to point out to us that the alleged right of her father to get allotment of the tenement is a heritable right. The learned counsel appearing for her therefore sought leave of the Court to withdraw the petition with liberty to file a civil suit. 3. So far as writ petition No.2541 of 2003 is concerned, even according to the Slum Rehabilitation =4= Authority, so far as room to which Narayan Agre is entitled, viz. room No.C-403, the petitioner - Nirmala is not entitled and is not concerned. That room has been allotted to her only because that room was found to be vacant in the year 2003 when by ad-interim order, this Court directed allotment of a room to Nirmala. The learned counsel appearing for Slum Rehabilitation Authority, however, submitted that the petitioner - Narayan Agre did not occupy the room for three years after allotment and he continued to occupy the transit accommodation given to him. However, it is common ground that to this date, the Slum Rehabilitation Authority has not cancelled the allotment of the room in favour of Narayan Agre. In our opinion therefore, subject to the alleged right of the Slum Rehabilitation Authority that it is entitled to take action against the petitioner Narayan Agre for not occupying the room for three years as alleged by them the petitioner Narayan Agre would be entitled for possession of room No.C-403. But it is also an admitted position that presently that room is occupied by the petitioner - Nirmala. Taking overall view of the matter, in our opinion, following order would meet the ends of justice. 4. The Slum Rehabilitation Authority shall place the petitioner - Narayan Agre in possession of room No.C-403 on expiry of a period of eight weeks from =5= today. During that period, the Slum Rehabilitation Authority shall be free to take any action that they are entitled to take against Narayan Agre in accordance with law. It is clarified that if the Slum Rehabilitation Authority decides that narayan Agre is not entitled to occupy that room, they will be free to make that order. However, if no such order is made within a period of eight weeks from today, he shall be given possession of that room. It also goes without saying that if such an order is made, Narayan Agre will be free to challenge that order in accordance with law. 5. Writ petition No.616 of 2002 is permitted to be withdrawn with liberty to file a civil suit claiming the same reliefs. The petitioner shall also be entitled to seek any interim order that the petitioner may be entitled. 6. For a period of eight weeks from today, the Slum Rehabilitation Authority shall not disturb possession of room No.C-403 given to the petitioner - Nirmala Patil pursuant to the ad-interim order. 7. The Civil Court before whom civil suit is to be filed by Nirmala Patil shall decided it and any application made for interim relief in accordance with law without being influenced by the observations made in =6= this order. Both the petitions are disposed off with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)