1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 1054 OF 2010 Khernagar Nandadeep C.H. Soc. Ltd. ...Petitioner Vs. Smt. L.A. Rodrigues & Ors. ...Respondents Mr.R.V.Govilkar i/b. Smt. D.D. Raut, Advocate for Petitioner Mr. Prashant P. More i/b. Mr. S.R. Mishra, Advocate for Respondent No.1 Mr. G.W. Mattos, Advocate for Respondent No.4 CORAM : SMT.ROSHAN DALVI, J. DATED : 15TH FEBRUARY, 2010 P.C. : 1. Rule. Rule is made returnable forthwith. 2. The order of eviction of Respondent No.1 has been passed on 25 th October 2007 that order has been confirmed in Appeal on 2 nd December 2008. The structure is not in a slum. The offending structure for which the eviction order is passed is admittedly on the drainage line and the Society’s drinking water tank. Nevertheless photo-pass was shown to have been issued to the Respondent No.1. Hence the confirmation of the eviction order states that an alternate accommodation in lieu of her structure as per the prevailing Government Policy would have to be given upon which only 2 the first Respondent’s structure would be demolished and the eviction order would be executed. Thereafter on 5 th December 2009 the photo-pass which was issued to the Respondent No.1 has been cancelled. 3. From the admitted facts that the structure of the Respondent No.1 is not in a slum, it can be seen that the photo-pass which was incorrectly issued and had to be cancelled. Consequently the reason for the conditional order does not subsist. The order of eviction would have to stand without the condition of offering Respondent No.1 any alternate accommodation. 4. The Respondent No.1 has been served a copy of this Petition on 4 th February 2010. She is represented by her Lawyer. Her Lawyer does not know whether the order of cancellation has been challenged by her or whether that cancellation has been by passing any order against order dated 5 th December 2009. Hence the case of the Petitioner that the cancellation order is passed on 5 th December 2009 based upon which the eviction order must be executed unconditionally is required to be accepted. 5. Hence following order:- 1. The order of eviction in Appeal which confirms the eviction order shall be accepted without the condition mentioned therein since the issue of photo-pass shown by the Respondent No.1 is cancelled. 2. The Writ Petition is allowed and Rule is made absolute accordingly. (SMT.ROSHAN DALVI, J.)