- 1 - N THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 668 OF 2009 WITH CIVIL APPLICATION No. 836 OF 2009 Mrs. Rajivi Chandrahas Shettigar ... Appellant Vs. Kumar Builders & Ors. ... Respondents Mrs. Lata B. Patne, for appellant. Mr. P. K. Samdhani, Sr. counsel for the respondent No.1. CORAM : R. V. MORE, J. DATE : JULY 8, 2009. PC :- 1. After having heard the learned counsel for the respective parties for some time, the learned senior counsel for the respondent No.1 makes a statement that respondent No.1 will pay to appellant an amount of Rs.12,000/- per month, as they are paying to the other similarly situated occupants, towards compensation, for temporary alternative accommodation till construction of new building is completed. He further makes statement that for the period of one year from today, the respondent No.1 shall deposit with appellant 12 post dated cheques. - 2 - 2. Learned counsel for the appellant after taking instructions from her client, submits that appellant is ready to accept an amount of Rs.12,000/- per month towards compensation for alternative temporary accommodation. However, she submits that a week’s time may be granted to shift household articles from the suit premises. Learned senior counsel for the respondent No.1 has no objection, if one week’s time is granted to the appellant to shift her households from the suit premises. 3. So far as eligibility of the grant of permanent accommodation is concerned, learned senior counsel for the respondent No.1 invited my attention towards document/letter dated 1st October 2001, annexed at Ehibit “K” written by the Executive Engineer to the Resident Executive Engineer. Along with this letter, a list of tenants/ occupants of building No. 158 of Ganesh Chawl, is annexed. So far as suit premises namely Room No.43 is concerned, name of one Mr. Deepak Agarwal is shown as and name of present applicant is shown as occupant. He submits that respondent No.1 is bound to give permanent accommodation either to Deepak Agarwal or the appellant, provided the appellant should get his entitlement is resolved by the competent authority. Learned counsel for the appellant submits that regarding eligibility of permanent accommodation, appellant will approach to the competent authority and get it resolved from competent authority. In view of the statement made by the respective counsel, present appeal is disposed by following order. - 3 - ORDER (i) The statement of learned senior counsel for respondent No.1 that respondent No.1 will pay to the appellant an amount of Rs.12,000/- per month, towards compensation of temporary alternative accommodation till construction of new buildings, by depositing 12 post dated cheques, within a period of 7 days, is accepted. (ii) The statement of learned counsel for the appellant that she will vacate the suit premises within seven days after receipt of post dated cheques is also accepted. (iii) The appellant is at liberty to approach the competent authority to get her entitlement of permanent accommodation, resolved. The respondent No.1 shall give permanent alternative accommodation to the person, who is held entitled for the same by the competent authority. (iv) In view of disposal of present appeal, Civil Application No. 836 of 2009 does not survive for consideration, and the same is accordingly disposed of. Sd/- [ R. V. MORE, J.]