1. This petition under Article-226 of the Constitution of India has been preferred, with the following prayers :
"(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents herein to allow the petitioners to live in Kachha House/hutments at the address stated in the cause title of the present petition and to take appropriate steps for the rehabilitation and redevelopment of the slums of the petitioners;
ALTERNATIVELY (A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents herein to allot alternative place to the petitioners for accommodation at Final Plot No.103 in Nana Varachha, T.P. Scheme No.38, Surat and till the same is done permit the petitioners to reside at the address stated in the cause title of the present petition;
(B) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to direct the respondents to permit the petitioners to reside at the address stated in the cause title of the petition;
(C) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"
2. The apprehension of the petitioners is that their houses will be demolished, without providing them with alternative accommodation.
3. At the outset, Mr.P.P.Majmudar, learned advocate for the petitioners submits that the petitioners had made a representation to the Commissioner, Surat Municipal Corporation, which has been received on 30.04.2010, in this regard. However, as no response has been received by the petitioners pursuant thereto, the petitioners may be permitted to make a fresh representation, which may be directed to be considered and decided, within a stipulated period of time.
4. Upon the above statement being made by the learned advocate for the petitioners, the following order is passed :
The petitioners may make a representation to the Commissioner, Surat Municipal Corporation (Respondent No.2), within a period of 15 days from today. In the event that the representation is made within the stipulated period of time, respondent No.2 shall consider and decide the same, in accordance with law, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this order.
The petition is disposed of, in the above terms, without entering into the merits of the case.
Direct service of this order is permitted.
(Smt.
Abhilasha Kumari, J.) ~gaurav~ Top