Hariprasad Barai v. M/S Conforce Engineers And Contractor And ANR

WPST-14934-15.doc 26.06.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.14934 OF 2015 Hariprasad Barai .. Petitioner

Versus

M/s. Conforce Engineers & Contractor and another .. Respondents Mr. M. K. Upadhyay, for the Petitioner.

Mr. S. P. Thorat, for the Respondent No.2.

Mr. Yogesh Dalvi, for the Respondent No.1.

CORAM : R.M. SAVANT, J.

DATE : 26th JUNE, 2015 P.C.

1.

The Learned Counsel for the Respondent No.1 developer states that the Petitioner has taken possession of the premises in question on 17.06.2015. The Learned Counsel for the Petitioner however states that the electricity meter and separate water connection to the premises in question have not been given. The Learned Counsel appearing for the MHADA Mr. S. P. Thorat states that there are about 120 persons who have been rehabilitated in the building in question out of which 110 are presently residing who have got all the aforesaid facilities. Hence, it is expected from the developer that the electricity meter and the water connection would be installed in the premises of the Petitioner at the BGP.

WPST-14934-15.doc 26.06.2015 earliest. The developer may accordingly do so within two months from date. In view of the fact that the premises in question which has been allotted to Petitioner as permanent alternate accommodation has been taken possession of, it is not necessary to keep the above Petition pending. The Petition to accordingly stand disposed of. The disposal of the instant Petition would not preclude the petitioner from prosecuting his claim for permanent alternate accommodation for commercial user. [R.M. SAVANT, J] BGP.