1. In compliance with the order dated 6.9.2012 the respondent Corporation has filed affidavit along with sketch. Mr. P.P. Majmudar, learned Advocate for the petitioner has further invited attention to the order dated 25.2.2010 passed by this Court (Coram : M.R.Shah, J.) in Special Civil Application No. 2919 of 2009 wherein, in paragraph no. 6 it is observed thus :
"Now so far as handing over of peaceful and vacant possession of entire final plot No.29, ad-measuring 6855 sq.mtrs. of Survey No.225 inclusive of the land out of the land bearing Survey No.230 is concerned, once T.P. Scheme has become final, it is the statutory duty of the appropriate Authority to implement the same and handover the peaceful and vacant possession of the same to the petitioners. Accordingly, petitioners are entitled to peaceful and vacant possession of the final plot No.29, ad-measuring 6855 Sq.Mtrs. of land and by not handing over the peaceful and vacant possession of entire final plot No.29 (inclusive of the land arising out of the land bearing Survey No.230) it can be said that respondent-Authority has failed to perform its statutory duty. As held by the Hon'ble Apex Court as well as this Court in catena of decisions, once the scheme has become final, it is the statutory duty of appropriate Authority to handover the peaceful and vacant possession to the person as per the allotment made under the T.P.Scheme."
2. As far as the affidavit which is filed today and the sketch which is placed on record the same deals with only survey no.225. Respondent no.4 is therefore directed to clarify the same as regards survey no.230. S.O. to 08.11.2012.
Sd/-
(R.M.
Chhaya, J) M.M.BHATT