1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.849 OF 2011 WITH CIVIL APPLICATION NO.1117 OF 2011 Smt. Nanda S. Kharat ...Appellant. v/s B.M.C. and Ors. ...Respondents. Mr. Parvinder Singh Sethi i/by Umakant L. Kendre ,advs. For the Appellant. Ms K.K.Soran, adv. For the Respondent No.1. Mr. Chirag Shah a/w Ms Sheetal Angre, Mohanish Choudhari, Swarup Patil i/by Divya Shah & Asso., advs. For the R.No.4. CORAM : J.H. BHATIA, J. DATED : AUGUST 5, 2011. P.C. 1 Heard. 2 The original plaintiff has preferred this appeal against refusal of ad-interim relief against threats of demolition and dispossession from a hut or tenement situated in slum area, which according to the plaintiff, she is occupying. According to her, she is entitled to rehabilitation or re-development. According to her, originally she was living with her husband, father-in-law and mother-in-law. However, her husband got separated from his parents and she and her husband were living in separate house in the same area adjoining house 2 of the father-in-law. After death of her husband, she was living in that house as occupant and that house was in occupation of herself and her husband since prior to 1995. In view of this, claim of the plaintiff/appellant will have to be decided by the Competent Authority under Section 3Z-1 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 (In short ‘The Slum Act’). The learned counsel for the plaintiff states that such application has been already moved on 18.5.2011 before the Assistant Municipal Commissioner G South Ward, which is the Competent Authority and that application is not yet decided. The learned counsel for the respondent no.4 Developer also concedes that notice for demolition has not been served on the plaintiff. In view of these circumstances, the learned counsel agree that plaintiff may be given some protection till her application is decided by the concerned Competent Authority under the Slum Act. 3 In view of the above, the learned counsel for the plaintiff/appellant seeks to withdraw the appeal, application as well as the suit with liberty to approach Assistant Municipal Commissioner and the Competent Authority for decision of her application under Section 3Z-1 of the Slum Act. The appeal and application stand disposed off as 3 withdrawn with the aforesaid liberty. The concerned officer shall decide the said application within six weeks from this date and till decision of that representation and in case the order is adverse to her two weeks beyond that to facilitate her to prefer an appeal, the parties shall maintain status-quo. This Court has not expressed any opinion about the merits of the case. (J.H. BHATIA,J.)