Mohan Ramkhilavan Saroj v. The State Of Maharashtra And ANR.

912-WP.1872.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1872 OF 2014 Mohan Ramkhilavan Saroj } Petitioner versus The State of Maharashtra } and Ors.

} Respondents Mr. Ashok M. Saraogi for the petitioner.

Ms. Uma Palsuledesai-AGP for State.

Mr. Sagar Patil for the Municipal Corporation.

CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.

DATED :- MARCH 16, 2018 P.C. :- 1.

After hearing both sides, we are of the firm opinion that this writ petition can be disposed of by directing the respondents to treat the request as contained in the memo of this writ petition and the prayers as a representation of the petitioner for allotment of permanent alternate accommodation in lieu of the original premises occupied by the petitioner, details of which are set out in prayer clause (a) of the petition. In the event the petitioner's structure was existing as on 1st January, 1995 and the petitioner producing proof of his occupation of such structure J.V.Salunke,PA

912-WP.1872.2014.doc prior to that date in the form of documents which have been prescribed by law/rules, then, the petitioner be considered eligible for allotment of such permanent alternate accommodation. However, there is no mandate to grant such an accommodation. The entitlement be considered strictly in terms of the applicable rules and policy.

2.

With the aforesaid directions, the writ petition is disposed of.

(PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA