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Bombay High CourtWP/11007/2018disposed off

Mr. A. Pillai And ORS. v. State Of Maharashtra Through Govt. Pleader And ORS.

2018-10-16Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.11007 OF 2018 A.Pillai and Ors.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

Mr.Sagar Shetty i/b Mr.Subir Kumar, for the Petitioners. Mr.A.B.Kadam, A.G.P for the Respondent Nos. 1 to 3. Mr.S.P.Shetye, for the Respondent No.4.

CORAM : REVATI MOHITE DERE, J.

DATE : 16th OCTOBER, 2018 P.C. :

1.

On 8th October, 2018, Consent Terms entered into between the three Petitioners and the Respondent no.4 were tendered in this Court and the said Consent Terms were taken on record. 2.

By the said Consent Terms entered into between the Petitioners and the Respondent no.4, the Petitioners were ready and willing to vacate the premises on receipt of compensation for acquiring alternate accommodation at the rate of Rs.11,000/- per month for 11 months and further as per the rules till the permanent accommodation is alloted to them.

2/3 The Petitioners have also undertaken to vacate the premises from the date of execution of Agreement for alternate accommodation; the Respondent No.4 has also undertaken to pay Rs.11,000/- per month compensation for acquiring alternate accommodation as per rules for 11 months and have given their willingness to pay the same as per the SRA Circular, till the permanent alternate accommodation is handed over to the Petitioners. Respondent No.4 has further undertaken to give 11 months rent for subsequent 11 months before the expiry of the rent paid for current year. Certain other terms and conditions have also been set out in the Consent Terms.

3.

Only to ensure that an Agreement For Alternate Accommodation is entered into between the Petitioners and the Respondent No.4, that the Petition was kept today. 4.

Today, the learned counsel for the Petitioners and the Respondent No.4 tenders three Agreements For Alternate Accommodation entered into between each of the Petitioners and the Respondent No.4. The said three Agreements are also taken on record.

3/3 5.

Having regard to the fact that the parties have amicably settled their dispute and have filed Consent Terms as well as Agreements For Alternate Accommodation have been entered into, nothing survives for consideration in this Petition. The Petition is accordingly disposed of in terms of the Consent Terms.

6.

Learned Counsel for the Petitioners, on instructions, makes a statement that in view of the Consent Terms filed between the parties, the Petitioners will not challenge the order dated 24th January, 2017, passed by the Additional Collector in Appeal No.1042 of 2016 and Appeal No.1601 of 2016. Statement accepted.

7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)