Bamandeo Co-Operative Housing Society Limited v. Assistant Municipal Commissioner (E) And 15 Others

osnmwl136 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L)NO.136 OF 2015 IN WRIT PETITION NO.1875 OF 2014 Bamandeo Co-operative Housing Society Limited ...Applicant vs.

Assistant Municipal Commissioner and others

...Respondents

Mr.P.G.Lad a/w Ms Aparna Murlidharan for the applicant Mr.A.Y.Sakhare, Senior Counsel a/w Mr.H.C.Pimple for BMC Mr.Prashant Karande for the respondent No.7.

CORAM : A.S.OKA, & C.V.BHADANG, JJ.

DATE : MAY 5, 2015 P.C.:

The learned counsel for the applicant states that the prayer clause (a) has become infructuous. The learned senior counsel for the second respondent-Mumbai Municipal Corporation states that the Municipal Corporation has offered transit accommodation to all the eligible occupants. He has placed on record a letter dated 23rd March 2015 addressed by the Mumbai Municipal Corporation to one of the eligible occupants containing terms and conditions on which the transit accommodation is being offered. The learned senior counsel for the Municipal Corporation states that after redevelopment of the property is complete, all

osnmwl136 eligible occupants shall be offered tenements in the redeveloped building. We accept the said statement. The learned counsel for the applicant/petitioner on instructions states that the members of the applicant who are held to be eligible will accept the transit accommodation offered by the second respondent-Mumbai Municipal Corporation. We accept the said statement.

In view of the statement made on behalf of the second respondent-Municipal Corporation and in view of the aforesaid statement of the applicant/petitioner, nothing survives in this Notice of Motion and the same is disposed of. (C.V.BHADANG,J.) (A.S.OKA,J.)