ssp 1 WP(L) 625 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.625 OF 2011 Kirankumar Nandlal Vasani .....Petitioner versus Maharashtra Housing and Area Development Authority and Ors. ..... Respondents Mr.Mihir Desai, for the petitioner. Mr.G.W.Mattos, for respondent No.1. Ms.S.Vedphatak i/by Maneksha and Sethna, for respondent No.2. Mr.P.G.Lad, AGP, for respondent No.3. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 06 th SEPTEMBER, 2011 P.C. 1. By the above petition filed under Article 226 of the Constitution of India, the petitioner seeks directions against the respondent No.2 in the matter of allotment of permanent/alternate accommodation in the form of residential premises admeasuring 225 sq.mtrs., in the 29 storied rehabilitation building constructed at H.Goregaonkar Lane, Gamdevi, Mumbai – 400 057. Though, the rehabilitation component of the scheme in question which has been implemented under 33(7) of the Development Control Regulation 1991, is complete, the allotment was not made to the petitioner in view of the claim of the Sales Tax Department amounting to `21,00,000/-, in respect ssp 2 WP(L) 625 of 2011 of which a notice came to be issued to the MHADA. 2. During the course of hearing of the above petition, a consensus was reached between the parties i.e. the petitioner and the respondents, which we record as follows : - (i) The respondent No.2 herein would allot permanent accommodation to the petitioner being Flat No.2903 at 29th Floor, A Wing of the building which is meant for rehabilitation of the erstwhile tenants. The said allotment will be done within a period of four weeks from date. (ii) On such allotment being made, the petitioner is agreeable for shifting of the attachment of the Sales Tax Department to the said new premises and the Sales Tax Department through their Counsel, are also agreeable for levying the attachment on the new premises i.e. Flat No. 2903, A Wing. (iii) The petitioner has filed an undertaking bearing today’s date i.e. 06-09-2011 interalia stating that he would not alienate the said premises or part with possession unless and until the issue pending with the Sales Tax Department in connection with the notice under Section 62A of the Bombay Sales Tax Act, for the period 1989-90 is resolved. The said undertaking is accepted. (iv) On being allotted the said tenement bearing Flat No.2903 of A Wing, the petitioner would simultaneously handover vacant and ssp 3 WP(L) 625 of 2011 peaceful possession of the old premises which he is occupying at present to the respondent No.2. 3. In the light of what is stated hereinabove, the writ petition to stand disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )