: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.100 OF 2010 Ganesh Welfare Society ... Appellant V/s. MMRDA ... Respondent Mr.G.C. Singh for Appellant Ms.Kiran Bagalia for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 3, 2010 P.C.: 1. The appellant claims to be a society of hutment dwellers. It has challenged the public notice dated 27.1.2010 by filing a suit before the City Civil Court on the ground that it is illegal, bad in law and uncalled for. It is the contention of the learned advocate for the appellants that despite a statement made on behalf of the defendants before the trial Court, the demolition of all the structures has taken place on 29.1.2010. He submits that the members of the appellant are eligible for alternate accommodation in view of the documents in their possession and therefore the public notice mentioning that their structures would be demolished is illegal. 2. It is apparent from the tenor of the plaint as well as the submissions advanced in the Court by the learned advocate for the appellant that the appellant is aggrieved : 2 : by the finding of the Competent Authority that the members are ineligible for being suitably accommodated in alternate premises. Since this is the main contention, in my opinion, the challenge to the public notice by persons who are ineligible is unfounded. Unless the appellants demonstrate that they are eligible for being suitably accommodated, the question of them continuing on the land does not arise. 3. Appeal from Order is dismissed. All interim orders are vacated. 4. In view of the dismissal of the appeal, nothing remains in civil application No. 151 of 2010 and the same is disposed of accordingly. 5. In the event the appellant or its members do challenge the order of the Deputy Collector finding them ineligible and the appeal is decided in their favour, it is obvious that those who are found eligible would then be accommodated in alternate premises by the defendants, in accordance with law.