KJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.313 OF 2008 IN WRIT PETITION NO.136 OF 2008 Sagrika Cooperative Housing Society ) (Proposed) & Anr. )..Petitioners V/s. MCGM & Anr. )..Respondents ---- Mr.C.S.Balsara & Ms.Usha Gadagkar i/by Divya Shah Associates for the petitioners. Mrs.P.A.Purandare for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 21.11.2008. PC 1. This is a motion by the proposed society praying that the Corporation be restrained from evicting the persons set out in the prayer clause. Those persons admittedly are the employees of the Corporation and they have been transferred and as such not entitled to continue to reside in the said premises. 2. The petitioners have come to this Court contending that they have proposed a scheme under DC regulations 33(7). The land belongs to the Corporation. The Corporation itself has framed the rules for development of properties belonging to the : 2 : Corporation. The Corporation has already rejected the application made by the tenants for redevelopment of the properties in terms of regulation 33(7). The rules framed by the Corporation and the D.C.Regulations permit the Corporation to develop the property, but in such instances, 70% of the occupants of the immovable property must give consent to the formation of a co-operative society and redevelopment of the buildings. 3. In our opinion, the reliefs sought for in the motion are totally unrelated. The employees covered by the Notice of Motion have been transferred and are no longer at the place of posting and consequently are not entitled to the service quarters which they are presently occupied. 4. In these circumstances, relief by way of an injunction as prayed for cannot be granted. Motion stands rejected. (F.I.Rebello,J) (R.S.Mohite,J)