IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.574 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Libania Joseph Dias ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.575 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Krishna Arjun Borkar ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.576 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Eliza Lemos ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.577 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Shailesh Surve ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.578 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sunita Rajaram Dhavde ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.579 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Diego Gabriel D'Souza ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.580 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Jerome Peter Dias ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.581 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Camil Philips Fernandes ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.582 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Trilokchand Jaiswal ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.583 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Lucian D'Souza ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.584 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Shweta Shekhar Mahakal ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.585 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Thomas Jerome Carvalho ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.586 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Dattaram Khapre ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.587 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Pankaj Chandrakant Jadhav ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.588 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sebastian Marshal D'Souza ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.589 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Ramnihar Tapsiram Jaiswal ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.590 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Mary Fernandes ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.591 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Chetan Vinayak Gurav ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.592 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sameer Subhash Patil ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.593 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Vanita Gunaji Dange ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.594 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Agnel Lawrence D'Souza ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.595 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Peter Augustine Dias ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.596 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sulochana Vishnu Patil ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.597 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sujata Subhash Patil ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.598 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Anant Pandurang Malap ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.599 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Ganga Jasu Purabia ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.600 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Dhanji Narayan Waghela ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.601 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Alka Shantaram Keer ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.602 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Aruna Mohan Awale ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.603 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Santosh Sadanand ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.604 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Nataline Peter Fernandis ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.605 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Radheshyam Rambali Gupta ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.606 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sandesh Vinayak Gurav ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.607 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sujit Rajaram Dhavde ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.608 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Ganpat Vishram Bendal ... Applicant And M/s. Sanjiani Developers ... Respondent ALONGWITH NOTICE OF MOTION NO.609 OF 2008 IN WRIT PETITION NO. 2443 OF 2006 M/s. Sumer Builders Pvt.Ltd. and another. ... Petitioners Vs. The State of Maharashtra and others. ... Respondents And Sunita P. Gurav ... Applicant And M/s. Sanjiani Developers ... Respondent Mr. Vaibhav Sugdhare i/by M/s. Yasmin Bhansali & Co. for the petitioners. Mr. Ryan D'Souza with Mr. A.H. Patel i/by Mr. S.V. Bane for the applicants. Mr. N.V. Walawalkar with Ms. A.R. Joshi for the BMC. Mr. M. Wamorkar for M/s.Sanjivani Developers. Mr. D.A. Nalawade, Government Pleader for respondent Nos.1,3 and 5 in Notice of Motion Nos. 574 of 2008 to 577 of 2008. Mr. R.J. Mane, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.580 and 581 of 2008. Ms. Geeta Shastri, Assistant Government Pleader for State in Notice of Motion Nos. 582 to 584 of 2008. Mr. Shekhar Ingavale, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.585 and 586 of 2008. Ms. Smita Gaidhani, Assistant Government Pleader for State in Notice of Motion Nos. 587 to 588 of 2008. Ms. Uma Palsuledesai, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.589 and 590 of 2008. Ms. Sindha Sreedharan, Assistant Government Pleader for Respondent No.1 in Notice of Motion Nos. 591 to 592 of 2008. Mr. Milind More, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.593 and 594 of 2008. Mr. Pradeep Jadhav, Assistant Government Pleader for State in Notice of Motion Nos. 595 to 596 of 2008. Ms. M. Jadhav, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.597 and 598 of 2008. I. Calcuttawala, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos. 599 to 600 of 2008. Mr. Bharat Mehta, Assistant Government Pleader for respondent No.1 in Notice of Motion Nos.601 and 602 of 2008. CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 4TH MARCH, 2009 P.C.: We have heard the learned counsel appearing for the parties. After some arguments, the learned counsel appearing for the parties agreed that all these notices of motion can be disposed of by consented terms. The consented terms are: (a) The Corporation will verify the eligibility of all the applicants who are entitled for providing of transit accommodation and thereafter permanent alternative accommodation. (b) The Corporation shall ensure that the transit accommodation as well as the permanent accommodation are worth habitation and have been constructed in accordance with the plans sanctioned by the Corporation. (c) All such eligible applicants shall be shifted to the transit accommodation and would vacate the structures in their occupation presently within a period of six weeks from today and would continue to occupy transit accommodation till they are allotted permanent accommodation. (d) Till the permanent accommodation is provided by the Developer with the help of the Corporation, the Developer shall not, in any way, create third party interest in the 21 storeyed building or part thereof; wherever the agreements are entered into with the parties, possession shall not be given to any of them. If there are any claimants who are entitled to receive commercial shops which are stated to be constructed on the ground floor of building No.2, possession may be given to them without prejudice to the rights and contentions of the parties. 2. With the above directions, all the notices of motion are disposed of. The consented order shall be treated as directions of the court and all authorities concerned shall abide by the order. All the directions contained in the earlier order shall continue to operate except the modification aforenoticed. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.