*1* wp.1334.1336.11.902.904.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1334 OF 2011 Hankare Surekha Krishna and others. ..Petitioners -Versus- The Administrator and Divisional Commissioner, Konkan Division and others. ..Respondents WITH WRIT PETITION NO.1336 OF 2011 Suresh Anand Mane and others. ..Petitioners -Versus- The Administrator and Divisional Commissioner, Konkan Division and others. ..Respondents .......... Mr.Y.E.Mooman i/b M.B.Gawde, for the Petitioners in both petitions. Ms.T.Puranik, for the Respondent No.2/BMC. Mr.P.K.Dhakephalkar, Senior Advocate a/w Mr.Aftab Diamondwala, Ms.Sheetal Angane i/b Divya Shah Associates, for the Developer. Mr.Prashant Naik, for the Respondent No.3/Society. Mr.J.G.Reddy, for the Respondent No.5/SRA. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 13th September, 2011. P.C.: 1 By these Writ Petitions, the Petitioners seek to challenge the orders of the Competent Authority and that of the Appellate Authority directing their eviction from the existing premises so as to facilitate the implementation of the Slum Rehabilitation Scheme. 2 On the earlier occasion, after the matters were argued for sometime, the suggestions were made to the Petitioners’ counsel Mr.Y.E.Mooman and time was sought by him to revert back after taking *2* wp.1334.1336.11.902.904.sxw instructions. 3 Today, when these matters were called out, Mr.Mooman, after taking instructions from the Petitioners in each of the petitions, states that the Petitioners are ready and willing to accept the suggestions of the Court inasmuch as they would not press these Writ Petitions provided they get opportunity to prove their eligibility before the Slum Rehabilitation Authority. However, to enable them to do so, some reasonable time be given by this Court. Mr.Mooman states that further suggestions of the Court are also acceptable to the Petitioners and they are ready and willing to furnish individual undertaking stating therein that the existing premises are in their possession. They have not parted with possession of the same and not transferred the same in any manner and if they fail to secure any orders with regard to their eligibility within the time specified by this Court, they will abide by the eviction orders and handover vacant and peaceful possession to the competent authority or its representatives so as to enable demolition of the said premises and redevelopment of the entire property. 4 In the morning session, a grievance was made that with regard to some other matters, the issue of eligibility remains inconclusive and undecided for a long time and pendency thereof adversely affects implementation of the scheme, so also, claim of the slum dwellers. Therefore, Mr.Reddy, learned counsel appearing for the Slum Rehabilitation Authority, was orally asked to seek instructions by keeping the Secretary of the SRA present personally in the Court, post recess. 5 After the matter was called out and it was impressed upon the Secretary of SRA that in this scheme there are about 2159 slum dwellers, out of whom eligible slum dwellers have been provided with transit accommodation or compensation in lieu thereof, majority of them *3* wp.1334.1336.11.902.904.sxw have been shifted, according to Mr.Naik, learned counsel appearing for the Society. Mr.Dhakephalkar, learned Senior Counsel appearing for the Developer, submits that the Developer is unable to proceed with the redevelopment project because the persons like the Petitioners claim protection until the issue of their eligibility is decided. As far as the Developers are concerned, they would abide by the orders of the Slum Rehabilitation Authority in this behalf, but the proceedings must be concluded expeditiously. 6 As far as other matters which were decided by the Slum Rehabilitation Authority and particularly on the point of eligibility of the slum dwellers are concerned, Mr.Reddy states that the copies of orders in cases of those persons who are not parties to these Writ Petitions, but whose claims have been decided, are handed over to Mr.Mooman in the Court. Mr.Mooman confirms that the copies of seven orders are handed over to him today in the Court. 7 The persons who are stated to be at site and who have claimed eligibility as far as this scheme is concerned, some of them are the Petitioners before this Court. Although Mr.Mooman would state that all of them have filed their appeals as early in 2009, Mr.Nalawade and Mr.Reddy, after taking instructions from the Secretary of SRA who is present in the Court, make a statement that presently the Secretary has details of only six appeals which are pending and if Mr.Mooman forwards requisite details with regard to other appeals, the authority would trace them out and would make an endeavour to dispose them of as expeditiously as possible and within a period of three months from today. 8 As far as the Petitioners in Writ Petition No.1334/2011 are concerned, the Petitioners who are before this Court are 14 in number. They have described themselves as “Petitioners/ original Appellants”. *4* wp.1334.1336.11.902.904.sxw Similarly, in case of Writ Petition No.1336/2011, there are 09 Petitioners. In both these Writ Petitions, Mr.Mooman appears on behalf of the Petitioners and states that each one of these Petitioners will move the Slum Rehabilitation Authority and seek relief with regard to their eligibility. He states that the Petitioners have in fact lodged their claims in relation to their eligibility. 9 It is stated by Mr.Reddy that as far as these Petitioners are concerned, the Slum Rehabilitation Authority and particularly, the Secretary thereof, will make an endeavour to dispose of the appeals on or before 11th October, 2011. It is stated that each of these Petitioners are represented by Mr.Mooman before this Court as also, before the Slum Rehabilitation Authority. Mr.Mooman states that he personally, so also, his junior Ms.Gawde accept notice on behalf of these Petitioners and no fresh notice of the date of hearing be issued to any of these Petitioners and particularly individually. Mr.Mooman states that the Petitioners will render all assistance to the Slum Rehabilitation Authority in early disposal of these applications/ appeals and will not seek unnecessary adjournments. They will remain present before the Slum Rehabilitation Authority personally or through Mr.Mooman or his junior on the date fixed by this Court. 10 In such circumstances, it is directed that upon furnishing the undertakings to this Court on or before 20th September, 2011 stating therein that the Petitioners personally together with their family members are in possession of the premises and none except these family members have been inducted or shall be inducted nor the premises would be transferred or disposed of or parted with possession in any manner by them and if they fail to secure any orders with regard to their eligibility within the time stipulated by this Court, they will abide by the fresh *5* wp.1334.1336.11.902.904.sxw orders and handover vacant and peaceful possession of the premises to the competent authority. If such undertakings are filed on or before 20th September, 2011, let the applications/ appeals of such persons who have furnished the undertakings be taken up for adjudication by the Slum Rehabilitation Authority from 27th September, 2011. On 27th September, 2011, the Petitioners shall appear at 03:00 p.m. in the afternoon before the Slum Rehabilitation Authority and if they so appear, their applications/ appeals shall be decided on or before 11th October, 2011. The Slum Rehabilitation Authority shall pass a reasoned order and communicate the same to Mr.Mooman or Ms.Gawde who are representing the Petitioners. Till 11th October, 2011, the possession of the Petitioners in the existing premises shall not be disturbed and they shall not be evicted forcibly from the existing premises. Needless to state that if the Petitioners fail to obtain any favourable order with regard to their eligibility, from the appropriate authority, they shall be evicted from the premises and with such force as is necessary including breaking open the locks which have been placed on the existing premises. However, they shall not be so evicted for a period of two weeks from the date of communication of the orders of the Slum Rehabilitation Authority. Needless to clarify that if no undertakings are furnished, those not furnishing the same can be evicted forthwith by executing the eviction orders. 11 Other applications/ appeals of the occupants/ slum dwellers who are part of the subject scheme will also be decided by the Slum Rehabilitation Authority on or before 13th December, 2011 so as to facilitate implementation of the subject scheme. 12 At this stage, when the Writ Petitions are being disposed of, Mr.Mooman states that the Petitioner Nos.6, 7 and 8 in Writ Petition No. 1336/2011, namely, Balram Pratapnarayan Tiwari, Singh Ramsaran *6* wp.1334.1336.11.902.904.sxw Shardabux and Yadav Kedarnath Bhagirathi, have been rendered homeless and shelterless because in pursuance of the eviction order, their structures/ premises have been demolished and they have been living at site, but without any proper accommodation. 13 Without prejudice to the rights and contentions of both sides and since the Petitioners are awaiting adjudication with regard to their eligibility, it is directed that in case of the above Petitioner Nos.6, 7 and 8, the Developer shall pay each one of them Rs.7000/- per month from May, 2011 till the issue of their eligibility is decided. 14 Mr.Dhakephalkar makes a statement that the amounts would be disbursed to these Petitioners as expeditiously as possible and on or before 20th September, 2011. 15 In the light of the above directions and since the Petitioners are not pressing their challenge to the orders passed by the competent authority and the Additional Commissioner, Konkan Division (appellate authority), these Writ Petitions are disposed of in terms of the afore issued directions and based on the undertakings of the Petitioners. All contentions with regard to the eligibility of the Petitioners are kept open and no opinion is expressed thereon. 16 The Writ Petitions are, accordingly, disposed of. No costs. (S.C. Dharmadhikari, J)