1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.311 OF 2008 NOTICE OF MOTION NO.311 OF 2008 NOTICE OF MOTION NO.311 OF 2008 IN IN IN WRIT PETITION NO.1158 OF 2007 WRIT PETITION NO.1158 OF 2007 WRIT PETITION NO.1158 OF 2007 M/s.Jainam Construction .. Petitioners vs. Maharashtra Housing and Area development Authority and Ors. .. Respondents Mr.Y.M.Chaudhari for the petitioners Mr.G.W.Mattos, A.G.P. for respondent nos.1 and 2 Mr.G.D.Utangale for respondent nos.3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & P.D. KODE,JJ. P.D. KODE,JJ. P.D. KODE,JJ. DATE: 17TH FEBRUARY, 2009 DATE: 17TH FEBRUARY, 2009 DATE: 17TH FEBRUARY, 2009 P.C. 1. Heard. 2. This Notice of Motion is taken out by the petitioner seeking two fold reliefs: 3. Firstly that the respondent should be 2 restrained from demanding surplus built up area of 547.30 sq.m. and that they should not be evicted from the transit camp and on the last date, this notice of motion has come up for hearing. 4. The learned counsel for the respondents pointed out to this court that the petitioners have failed to pay the charges for use and occupation of the transit camp. 5. Now, the learned counsel for the petitioners make a statement that all arrears in respect of use and occupation of the transit camp have been paid by the petitioners. We make it clear that in so far as prayer clause (a) is concerned, the interim order granted by us directing the parties to maintain statusquo on 18.7.08 as spelt out in para 2 of the order, would continue to operate until further orders as that sufficiently protects the interest of the petitioners. 6. In so far as prayer clause (b) is concerned, the respondents would not evict the slum dwellers from transit camp if the petitioners are regular in payment of use and occupation charges of the transit camp. We 3 make it clear that if there are two consecutive defaults, it will be open for respondent no.1 to evict all the occupants of the transit camp without any further reference to this court. As this is an interim arrangement, the parties particularly the occupants of the transit camp would not claim equity in their right to continue to occupy the transit camp. 7. Notice of motion stands disposed of accordingly. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (P.D. Kode, J.) (P.D. Kode, J.) (P.D. Kode, J.)