1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.3093 OF 2008 Smt. Rita Rajendrasingh Kalsi. ...Petitioner. Vs. State of Maharashtra & Anr. ...Respondents. .... Mr.Simil Purohit i/b. M/s.P. V. Nichani & Co. for the Petitioner. Mr. A.J. Bhor for Respondent No.1. Mr. P. P. Kakde, AGP for Respondent No.2. ..... CORAM :DR.D.Y.CHANDRACHUD, J. May 5, 2008. P.C.: Both the Enquiry Officer in proceedings under Section 105B of the Mumbai Municipal Corporation Act, 1888 and the Learned Principal Judge, of the City Civil Court in his order dated 3rd April 2008 had noted that the premises in the occupation of the Petitioner are required for completing the balance work of laying sewerage line. The licence which was granted to the Petitioner was specifically subject to the condition (Condition No.10) to the effect that the Petitioner will vacate the tenement and hand over vacant 2 possession to the Corporation which it is required by the Corporation for development work. By a letter dated 22nd December 2004, the Assistant Commissioner, M/E Ward has agreed to provide two tenements each of an area of 225 sq.ft., that is to say of a total area of 450 sq.ft. subject to the condition that since the Petitioner is in occupation of an existing structure admeasuring 315 sq.ft., the difference, namely, 135 sq.ft. would have to be paid at the market rate. The order of eviction passed by the Enquiry Officer and confirmed by the Principal Judge, City Civil Court cannot be faulted. The Petitioner has no vested right and the terms of allotment make it clear that the Petitioner would have to vacate the premises if they are required by the Municipal Corporation. The Enquiry Officer has noted that the entire work on the sewerage line is complete except 64 mtrs. which has been hindered due to the obstruction of the Petitioner. In such an event, public interest must prevail. However, with a view to enable the Petitioner to make a proper representation in respect of the claim to a larger area by way of alternate accommodation, it would be appropriate if the following directions are issued: 3 1. The Assistant Commissioner, M-East Ward shall cause a physical measurement to be carried out of the area in the occupation of the Petitioner at the site on 9th May 2008 at 11 a.m.; 2. Upon the area in the occupation of the Petitioner being duly certified in pursuance of the measurement to be carried out under the directions of the Assistant Commissioner as aforesaid, the Assistant Commissioner shall consider the case of the Petitioner for alternate allotment in accordance with the prescribed norms and pass a fresh order thereon within a period of four weeks thereafter; 3. In the meantime, it would be open to the Petitioner to accept the alternate accommodation that is being offered by the Municipal Corporation in pursuance of the letter dated 22nd December 2004, subject to such final order that may be passed by the Assistant commissioner, M-East Ward. In the event that the premises referred to in the letter dated 22nd December 2004 have already been allotted to some other person, the Assistant 4 Commissioner shall take necessary steps to make a fresh allotment to the Petitioner in pursuance of the decision which has already been taken. Such allotment shall be made within a period of two weeks from the date of the measurement referred to in clause (1) hereinabove; 4. The Petitioner shall have time until 31st May 2008 to vacate the existing premises and take up the alternate premises that are to be offered by the Municipal Corporation. The petition is accordingly disposed of. ....