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Bombay High CourtWP/5590/2018disposed off

Mr. Rambabu Rejeshwar Singh v. The State Of Maharashtra Through Government Pleader, And ORS.

2018-03-28Hon'Ble Shri Justice R.D. Dhanuka3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.8820 OF 2018 Rambabu R. Singh

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

WITH WRIT PETITION (STAMP) NO.8817 OF 2018 Anil R. Singh

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Angad Giri for the Petitioners.

Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1 to 4. Mr.Jayesh R. Vyas for the Respondent No.5.

Mr.Hamid Ahmad for the Respondent No.6.

CORAM : R.D. DHANUKA, J.

DATE : 28TH MARCH, 2018.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

Learned counsel appearing for the petitioners on instructions from the petitioners in each of the petition, who are present in Court, undertakes to vacate the structure in question and hand over the vacant and peaceful possession thereof to the 1/3

respondent no.6 however, on the condition that the agreed compensation of Rs.11,000/- per month is paid provided that the agreed compensation which is mentioned in the impugned order passed by the Grievance Committee is paid by the respondent no.6 within 10 days from today and the agreement for permanent alternate accommodation is executed in favour of the petitioners. The undertaking recorded by the learned counsel for the petitioner in each of the petition is accepted.

3.

Learned counsel for the respondent nos.5 and 6 undertakes to execute the agreement for permanent alternate accommodation and to pay the amount of compensation as provided in the order passed by the Grievance Committee to each of the petitioner within 10 days from today. The possession of the property shall be simultaneously handed over to the respondent no.6 upon entering into an agreement for permanent alternate accommodation and paying the agreed amount of compensation which has to be paid by the respondent no.6 to the each petitioner and shall be mentioned in the agreement for permanent alternate accommodation. If the possession is not handed over by each of the petitioner inspite of executing the agreement for permanent alternate accommodation and payment of respective amount of compensation is made, the Competent Authority, S.R.A. shall stand appointed in respect of such 2/3

structures and shall dispossess each of the petitioner and other occupants, if any, found in possession with the assistance of the police, if necessary.

4.

It is made clear that no further extension of time to hand over the respective structures would be granted by this Court. 5.

Both the writ petitions are disposed of in aforesaid terms. No order as to costs.

6.

The parties as well as the Competent Authority, S.R.A. and the local Police to act on the authenticated copy of this order. (R.D. DHANUKA, J.) 3/3