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2021 DIGILAW 1466 (BOM)

Devang Dinesh Parmar And Os v. Mumbai Municipal Corporation

2021-11-01

S.J.KATHAWALLA, SURENDRA P.TAVADE

body2021
JUDGMENT 1. The Petitioner No.1 for himself and on behalf of the other Petitioners undertakes to deposit with the Prothonotary and Senior Master of this Court the arrears / compensation claimed by the Respondent No.9 within a period of one week from today. The undertaking is accepted. The Prothonotary and Senior Master shall not disburse the said amount unless he receives further orders from this Court. 2. As far as the repairs to the subject building are concerned, Advocate Shri Lad representing MHADA states that they do not have enough rooms in the transit camps to provide temporary accommodation to the tenants. Though some rooms are available at the Transit Camp at Gorai, the tenants are not willing to occupy the Transit Camp at Gorai. He submits that the commencement of the repair work is therefore, delayed. 3. The Petitioner No.1 for himself and on behalf of the other Petitioners states that they are all willing to shift themselves to the transit camp at Gorai within a period of two weeks from today. The statement is accepted as an undertaking given to this Court. 4. Advocate Shri Lad appearing for MHADA further states that the repair works will be carried out phase wise. Since there are four vacant rooms in the subject building itself, four tenants along with their family members will be shifted to the said rooms and the repair works of their respective original rooms will be carried out first. After their original rooms are repaired, the said four tenants will be put in possession of their original rooms. Thereafter, again four rooms will be taken up for repairs by shifting four tenants and their families to the vacant rooms. In this manner, all the rooms will be repaired. The statements are accepted. 5. The Petitioners states that MHADA should start the repair work from south east direction. We leave it to MHADA to take a call on how it wants to start the repair work including the direction from which it should start the repairs. We make it clear that none of the tenants including the Petitioners shall disturb MHADA in carrying out the repairs and if they create any obstruction, the the Deputy Commissioner of Police under whose jurisdiction the subject building is situated shall ensure that MHADA is able to carry out its work without any obstruction. Stand over to 22nd November, 2021.