sk 1 wp4318.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4318 OF 2010 Smt.Nanda Dattu Kamble Through her C.A.Sachin Dattu Kamble : Petitioner V/s. The State of Maharashtra & Ors. : Respondents .... Mr.P.G.Parkar for the petitioner. Ms M.P.Thakur, Asstt. Govt. Pleader for respondent nos.1 & 2. ... CORAM : D.D. SINHA AND SMT.V.K.TAHILRAMANI,JJ. DATE : OCTOBER 12, 2011. P.C.: Heard the learned counsel for the petitioner and the learned Asstt. Govt. Pleader for the respondent nos.1 & 2. 2. This Writ Petition is directed against the order dated 22.5.2009 passed by the High Power Committee whereby the appeal filed by the petitioner came to be dismissed. 3. Considered the contentions canvassed by th learned counsel and sk 2 wp4318.10 perused the impugned order passed by the High Power Committee. The relevant observations in the impugned order read thus:- “On perusal of records of this case the Committee finds that Assistant Commissioner, `D’ Ward has passed orders after hearing the present appellant and Smt.Leela Maru. It is observed that the structure was occupied by Smt.Maru on the basis of the Power of Attorney. On the date of eligibility Smt.Maru was found occupying the said structure for commercial activity and was therefore held eligible. As per rules of S R Schemes, the occupier of the slum structure on the relevant cut- off date is held eligible for rehabilitation. In view of the above we find that the appellant has not made out any case. No Legal documents of the transfer are produced. On the date of eligibility Smt.Maru is found occupying the said structure for commercial activity and was therefore rightly held eligible. sk 3 wp4318.10 As no case made out by appellant, this appeal stands dismissed.” 4. The finding of fact recorded by the High Power Committee clearly shows that Ms Maru was in occupation of the subject structure prior to the cut-off date and, therefore, was eligible for alternate accommodation; whereas the petitioner did not produce any legal documents showing transfer of the subject structure before the cut-off date or thereafter. Hence, the High Power Committee held that Ms Maru was eligible under the scheme. The finding recorded is thus proper. No interference is called for. 5. Writ Petition is dismissed. (D. D. SINHA, J.) (SMT.V.K.TAHILRAMANI,J.)