1 wp-lod-2312-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2312 OF 2011 Anilkumar Pranlal Dave & Anr .. Petitioners versus The State of Maharashtra & Ors .. Respondents Mr.S.U.Dhakephalkar for the petitioners. Ms.S.M.Dandekar for respondent Nos.1 and 2. Mr.J.G.Reddy for respondent No.4. Ms.Rekha Shinde for respondent No.6. CORAM : S.C.DHARMADHIKARI, J. 19th October 2011. P.C.: . Mentioned. Not on board. 2} Mr.Dhakephalkar appearing on behalf of the petitioners states that there are contradictory communications from the B.M.C holding firstly the petitioners as ineligible and thereafter eligible. In any event, on the point of eligibility the petitioners have approached the Slum Rehabilitation Authority and their appeals are pending. On notice, Mr. Reddy appears on behalf of the Slum Rehabilitation Authority and states 2 wp-lod-2312-11.odt that the appeals are pending and they would be disposed off by the Secretary of the Slum Rehabilitation Authority as expeditiously as possible and within a period of two months from today. Statement accepted. 3} The developer's advocate states that the developer has already offered compensation in lieu of alternate accommodation to the petitioners and they must accept it to enable the developer to demolish their existing premises and re-develop the property. She submits that the appeals against the Competent Authority's order has been dismissed. Therefore, the petitioners can be evicted from the existing premises. 4} Mr.Dhakephalkar submits after taking instructions that the petitioners will move out of the existing premises and vacate them so also hand over peaceful possession to the Society/Developer but they be given time in the light of the ensuing diwali festival. 5} In the light of the request made by Mr.Dhakephalkar and since it is stated that the petitioners alone are in possession and occupation of the 3 wp-lod-2312-11.odt existing premises nor have they parted with the possession or created any third party rights therein, it is directed that the order passed by the Competent Authority under section 33, which is confirmed by the Appellate Authority shall not take effect for a period of four weeks from today. Needless to state that if the petitioners do not hand over vacant and peaceful possession of the existing premises after the expiry of this period, the Competent Authority shall take steps to evict them and with necessary police assistance, execute the orders passed in that behalf. Petition is disposed off in these terms. (S.C.DHARMADHIKARI, J)