Mr. Ramchandra Uma Thakur v. The State Of Maharashtra Through Government Pleader, And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3967 OF 2018 Ramchandra U. Thakur

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Angad Giri for the Petitioner.

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 petitioner on instructions from the son of the petitioner viz. Mr.Hitesh Thakur, who is present in Court, undertakes to vacate the structure in question and hand over the vacant and peaceful possession thereof to the 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 1/3

within 15 days from today and the agreement for permanent alternate accommodation is executed in favour of the petitioner. The undertaking recorded by the learned counsel for the petitioner 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 the petitioner within 15 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 upon paying the agreed amount of compensation which has to be paid by the respondent no.6 to the petitioner and shall be mentioned in the agreement for permanent alternate accommodation. If the possession is not handed over by the petitioner inspite of executing the agreement for permanent alternate accommodation and upon payment of the amount of compensation, the Competent Authority, S.R.A. shall stand appointed in respect of such structure and shall dispossess 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. 2/3

5.

The writ petition is 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