Malti Rupa Tambe v. Additional District Collector(E/R) And 3 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.269 OF 2015 Mr. Pralhad Jogindar Chandrahas ..... Petitioner V/s Additional District Collector (E/R) & Ors.

..... Respondents WITH WRIT PETITION (L) NO.270 OF 2015 Mrs.Malti Rupa Tambe ..... Petitioner V/s Additional District Collector (E/R) & Ors.

..... Respondents Mr. Dinesh Kadam a/w Mr. Anand Sangvikar for Petitioners. Mr. Ashish Kamat a/w Mr. Aditya N. Raut i/b M/s. Desai Desai Carriage & Mulla for Respondent No.4.

Ms. Kajle, AGP for Respondent Nos.1 and 2.

(in both Writ Petitions) CORAM : A.A. SAYED, J.

DATED : 9 FEBRUARY 2015 P.C.

As recorded in the order dated 3 February 2015 the structures of the Petitioners already stand demolished. In the circumstances, the grievance the Petitioners is essentially as regards the temporary alternate accommodation and/or compensation in lieu thereof and the execution of the Agreements. Learned Counsel for the parties state that as recorded in the order dated 3 February 2015, the Petitioners have been accommodated in transit accommodations on that day itself. The grievance of the Petitioners however 1/3

2/3 is that the said transit accommodations are not suitable and they are willing to accept the compensation in lieu of transit accommodation as offered by the Respondent No.4.

In the circumstances, by consent, the Petition is disposed of by passing following order:

i) The Petitioners shall vacate the present temporary alternate accommodation provided by the Respondent No.4 within a period of two weeks from today upon the Respondent No.4 paying Rs.2,40,000/- (@ Rs.10,000/- x 24 months) to each of the Petitioners towards compensation in lieu of temporary alternate accommodation, as offered by the Respondent No.4 to other similarly placed slum dwellers. ii) The Petitioners would be at liberty to apply to seek increase in compensation in the event they are able to demonstrate before the Court that the other slum dwellers who are similarly placed are being paid compensation of more than Rs.10,000/- per month. iii) The statement of the Respondent No.4 through their Counsel is accepted that the Agreement in respect of payment of compensation shall be entered into with each of the two Petitioners within two weeks, which Agreement shall provide for the further Agreements to be executed in respect of the permanent alternate accommodation at a future date.

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3/3 It is expected that the redevelopment scheme shall be executed expeditiously and the occupants are accommodated in the permanent alternate accommodation at the earliest.

(A.A. SAYED, J.) katkam 3/3