1 wplod2315-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.2315 OF 2011 Anusuya C. Pallati & Ors. .. Petitioners Versus The Administrator and Divisional Commissioner, Konkan Division & Ors. .. Respondents Mr.Y.E.Mooman i/b. M.B.Gawde for petitioners Mr.Chirag Balsara i/b. Divya Shah & Associates for respondent No.4 Mr.Prashant Davandale i/b. Vijay Patil for respondent No.5 (SRA) Ms.T.Puranik for BMC respondent No.2 CORAM : S.C.DHARMADHIKARI, J. 21st October, 2011. P.C.: 1] For the reasons that has persuaded me to dispose of Writ Petition No.1335 of 2011 along with Writ Petition No.1631 of 2011 on 13th September 2011, even this petition be also disposed is the prayer by both sides. 2] It is stated by Mr.Balsara learned Counsel appearing for respondent No.4 on instructions that petitioner No.1 claims to be the heir and legal representative of the original occupant. 2 wplod2315-11.doc Mr.Mooman on taking instructions states that petitioner No.1 will file an undertaking in this Court and also execute an indemnity bond indemnifying the society as also the developer and Authority against any claim which may be made in relation to permanent alternate accommodation that is made available to petitioner No.1 in terms of subject scheme. In other words, the parties shall stand indemnified against all claims and legal proceedings in relation to this permanent alternate accommodation as well as the transit accommodation that is offered to petitioner No.1/ compensation in lieu thereof. 3] Mr.Balsara on taking further instructions states that the cheque for compensation in lieu of transit accommodation shall be handed over to the petitioner No.1's Advocate as far as her claim is concerned on or before 22nd October 2011. As far as the petitioner Nos. 2 and 3 are concerned, the cheques of compensation amount in lieu of transit accommodation are handed over to Mr.Mooman and the same are accepted by Mr.Mooman, in Court today. 3 wplod2315-11.doc 4] Mr.Mooman submits that each of these petitioners be given sufficient time to vacate the premises and bearing in mind that Diwali festival is on and the premises are residential premises and petitioners have to make arrangements not only for themselves but for the education of their children and shift them to some other schools/ colleges. In these circumstances and at the request of petitioners and in the light of undertaking that they are ready and willing to give to this Court each of them shall not be evicted in terms of the impugned orders till 30th November 2011. Needless, therefore, to clarify that if the premises are not vacated by them before this date, it will be open for the competent authority to enforce and execute its orders evicting the petitioners and to enable it to do so all assistance shall be rendered by all the statutory authorities as also the local police. It would be open for the competent authority to break open the locks and take physical possession of the premises. 5] It is stated by Mr.Mooman that petitioner No.2 had filed a suit against respondent Nos. 1 and 2 and its officers in the City Civil Court but that suit is already withdrawn and, therefore, 4 wplod2315-11.doc merely because, she had instituted such a suit, she should not be deprived of the benefits of the slum rehabilitation scheme. Since Mr.Mooman has stated before this Court on instructions that the suit is withdrawn and stands dismissed as such, I have no doubt in my mind that the Assistant Municipal Commissioner of respondent No.3 will take notice of this fact and remove any negative endorsement from the record so that the petitioner No.2 is not deprived of the benefits and advantages of the scheme. 6] In the aforesaid circumstances, time till 30th November is granted to vacate the premises on the undertakings from the petitioners to this Court in the following terms being furnished/ filed in this Court within one week from today. The undertaking shall state that:- (a) The petitioners and their family members alone are in possession and occupation of the premises and that none other has been inducted or shall be inducted nor the premises would be transferred or parted with possession; 5 wplod2315-11.doc (b) The petitioners together with their family members shall vacate the existing premises before 30th November 2011 so as to facilitate the redevelopment project; (c) If the petitioners fail to vacate the existing premises and hand over vacant and peaceful possession thereof by 30th November 2011, the competent authority shall be at liberty to execute the eviction order, if required, with due police protection; (d) The petitioners are agreeable to shift themselves, either to the transit accommodation, which is being provided by the Developer, or if it is not suitable to them, to shift themselves to any other accommodation which is made available by the Developer within a radius of three kilometres; (e) If the petitioners do not wish to avail of either the transit accommodation or the accommodation being provided to them by the Developer as mentioned in clause (c) above, then, the petitioners may accept the monetary compensation in lieu thereof from the Developer. 6 wplod2315-11.doc (f) It is clarified that the protection/ extension will be available only if the petitioners give undertaking as aforesaid within the stipulated time. 7] The writ petition is disposed off accordingly. No costs. (S.C.DHARMADHIKARI, J)