1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1475 OF 2011 Mr.Gautam Atha & Anr. .. Petitioners V/s The Ward Officer, “D”Ward, Municipal Corporation of Gr.Mumbai & Ors. .. Respondents Mr.Rajeev Kumar with Ms.Sheetal Kumar, and Mr.Pankhuri B. i/by M/s.Khare Legal Chambers for the petitioners. Ms.V.S.Gharpure for Municipal Corporation. Mr.Mayur Khandeparkar with Mr.Amol Fouzdar for Respondent No.8. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 11th August, 2011. P.C.: Rule. Rule is made returnable forthwith and heard finally by consent of the parties. On a motion made by learned counsel appearing for the petitioners, the names of Respondent Nos.3 to 7 are permitted to be deleted from the petition. By consent of the parties the petition is disposed of in the following terms: 1. Respondent No.8 shall vacate the Zoonka Bhakar Kendra within a period of three months from today. 2. Respondent No.8 to apply to the Corporation within one week from today for grant of alternate site as per the policy of the 2 Corporation, if any. The Corporation shall consider that application in accordance with its policy, if any, and make appropriate orders thereon within a period of eight weeks from today. 3. It is clarified that even if the Corporation decides not to allot any alternate site to Respondent No.8, the Corporation will not demolish the present structure of Respondent No.8 for a period of three months from today. 4. Rule is made absolute accordingly. No order as to costs. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)