-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1111 OF 2008 with CIVIL APPLICATION NO. 1365 OF 2008 Sheikh Fatiuddin Valiuddin .....Appellant versus Maharashtra Housing and Area Development Authority and others ...Respondents Mr. R.D. Misra for the appellant. Ms. S.P. Manchekar for respondent No.1. Mr. Vinod Mahadik for respondent No.2. Mr. Kunal Cheema for respondent No.3. CORAM: P.B. MAJMUDAR,J. DATE: SEPTEMBER 04, 2009. P.C. This appeal from order is directed against the order dated 18th October, 2008, passed by the learned Judge, City Civil Court at Dindoshi, below Notice of Motion Exhibit-3 in L.C. Suit No. 1760 of 2008. 2. The appellant is the original plaintiff. The suit is filed for declaration and injunction restraining the defendants, their servants and agents from demolishing the suit room situate at Shastri Colony, Golibar Road, Santacruz (East), Mumbai-400 055. It is the case of the plaintiff that he is in -2- possession of the suit room since 1992 and subsequently the suit premises were declared slum under the Maharashtra Slum Areas (I. R & R) Act, 1971. It is the further case of the plaintiff that he is entitled to get protection as per the policy of the Government dated 1st January, 1995. The learned trial Judge found that there is no prima facie case in favour of the plaintiff and the draft Notice of Motion taken out by the plaintiff accordingly rejected, against which the present appeal from order is filed. 3. At the time of hearing, Mr. Cheema, learned counsel appearing for respondent No.3-developer, states, on instructions, that the appellant will not be dispossessed without following the due process of law and till the application, if any, preferred by the appellant is decided by the High Power Committee. The learned counsel appearing for respondent No.1 states that the Court may pass appropriate order asking the plaintiff to approach the High Power Committee. The learned counsel appearing for respondent No.2 submitted that the Corporation has nothing to do in this matter. Learned Counsel for the Corporation, however, submitted that the Corporation shall act in accordance with law. 4. During the course of hearing, learned counsel appearing for respondent No.3 has placed on record decision of the Full Bench of this Court in the case of Tulsiwadi Navnirman Co-op. Housing Society Ltd. and another vs. -3- State of Maharashtra1. Relying on the said decision, he submitted that the plaintiff should first approach the High Power Committee. Learned counsel appearing for the appellant has fairly submitted that the appellant is ready and willing to go before the High Power Committee within two weeks from today. Accordingly, plaintiff is directed to approach the High Power Committee and the Committee shall thereafter adjudicate the claim of the plaintiff in accordance with law. The High Power Committee may try to adjudicate the claim of the plaintiff within a period of two months from the receipt of the application from the appellant. Till the High Power Committee takes appropriate decision, respondent No.3 is directed not to take any proceeding for evicting the appellant from the existing place without following the due process of law. The other respondents shall also act in accordance with law and shall not dispossess the appellant without following the due process of law. In case the decision of the High Power Committee is against any of the parties, it would be open to such party to adopt appropriate proceedings as per law. In this view of the matter, the suit itself can be disposed of. The learned counsel appearing for the appellant submits that in view of the above, the suit is required to be disposed of. The trial Court is accordingly directed to hear the suit for preliminary hearing, in view of what is stated above. The trial Court may try to dispose of the suit as per this order within two weeks from today. Writ to send down to the trial Court immediately. Appeal from Order is accordingly disposed of. In view of disposal of the Appeal, no orders are required to be passed in the Civil 1 2008 (2) Bom. C.R. 1 -4- Application. The same is also accordingly disposed of. P. B. MAJMUDAR, J.