Mohd. Salim Khan And 7 ORS v. Office Of Sub-Divisional Officer Mumbai Suburban And 6 ORS

BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by Bharat Dasharath Pandit Date:

2018.09.17 18:02:56 +0530 Bharat Dasharath Pandit WRIT PETITION (L) NO.3094 OF 2018 Mohd. Salim Khan and others ..Petitioners

Versus

Office of Sub-Divisional Officer, Mumbai Suburban and others ..Respondents Mr. Akash Rebello a/w Mr. Amit T. Dubey, Advocate for the Petitioners.

Mr. Milind More, AGP for the Respondent Nos.1, 2 & 5. Mr. Rakesh Sawant, Advocate for the Respondent No.3. Mr. Abhijeet Kulkarni, Advocate for the Respondent No.6. CORAM: B. R. GAVAI & M. S. KARNIK, JJ.

DATE: 12th SEPTEMBER, 2018 P.C.:- 1] Petitioners have approached this Court on the ground that, structures of the Petitioners are being demolished without alternative accommodation being provided to him.

2] Learned Counsel for Respondent No.3 submitted that all the Petitioners have been allotted alternative accommodation on regular 1/3

basis.

3] In that view of the matter, grievance of the Petitioners to that extent does not survive. However, learned Counsel for the Petitioners submitted that, Petitioners are also entitled to SRA allotment. The learned Counsel for the Petitioners therefore submitted that Petitioners' right to get accommodation in the SRA Project be reserved. He further submitted that on Petitioners being allotted premises in SRA Project, they would surrender the premises allotted to them by Respondent No.3.

4] In that view of the matter, we reserve the right of the Petitioners to apply to get accommodation in SRA Project. However, we record the undertaking given on behalf of the Petitioners that, in the event they are allotted any premises in SRA Project, they shall surrender the premises allotted to them by Respondent No.3. 5] Needless to state that if the Petitioners are entitled to any other right, they would be free to make an application, which application 2/3

would be considered in accordance with law.

6] Petition is disposed of accordingly.

(M. S. KARNIK, J.) (B. R. GAVAI, J.) 3/3