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CASE NO.: Special Leave Petition (civil)  6006 of 2006

PETITIONER: Saraswati Das & Ors.                                         

RESPONDENT: State of Orissa & Ors.                                              

DATE OF JUDGMENT: 22/01/2008

BENCH: TARUN CHATTERJEE & DALVEER BHANDARI

JUDGMENT: JUDGMENT                  

ORDER

1.      Heard learned counsel for the parties.   2.      This Special Leave Petition is directed against the  orders dated 20th of January, 2006 and 23rd of March, 2006  passed by the High Court of Orissa in Writ Petition (c) No.  2973 of 2004 and Review Petition No. 19 of 2006  respectively.  By the order passed in the Writ application,  the Division Bench of the High Court directed the  petitioners to vacate the quarters in question by 31st of  March, 2006 and as and when the municipality reconstructs  houses and/or quarters of the allottees, the allottees shall  be considered and given possession of the new houses  and/or the quarters in accordance with the resolutions of  the municipality.  A Review application was filed in respect  of the aforesaid order, which was also rejected by the  Division Bench of the High Court of Orissa at Cuttack.   3.      By an order dated 13th of April, 2006 in the Special  Leave Petition, a notice was issued in presence of the  learned counsel, who had entered appearance on behalf of  Respondent Nos. 4, 5 & 6 and an interim order directing  the parties to maintain the status-quo as to possession on  that date was also passed.  Subsequently on 4th October,  2007, we directed the Executive Engineer, R& B Division,  Balasore, Orissa to inspect the quarters in question and  report whether the same are in dilapidated condition for  which demolition/reconstruction should be made and also  to report who are the persons now in possession of the  said quarters.  In compliance with the order of this Court, a  report has now been submitted by the Executive Engineer,  R& B Division, Balasore, Orissa.  We have carefully  examined the report as well as considered the submissions  of the learned counsel for the parties before us.  Learned  counsel for the petitioners, Mr. Mishra has agreed, on  instructions from the client, that they are ready to vacate  the quarters in occupation, if this Court directs the  municipality to reconstruct new building within 1 = years  from the date of vacating the respective quarters by the  petitioners.  Mr. Mishra, Senior counsel for the petitioners,  also submitted that his client is ready to vacate the suit  quarters in question, if three months\022time is granted to them  to vacate the same to which Mr. Das, learned counsel  appearing for the municipality, has not raised any objection.   4.      Considering the facts and circumstances of the  present case and the submissions made on behalf of the

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parties, we, therefore, dispose of this Special Leave  Petition on the following terms :-

i)      The petitioners are directed to vacate the quarters in  question in favour of the municipality within three  months from this date.   ii)     If the petitioners fail to vacate these respective  quarters in question, the respondent-municipality shall  be at liberty to take possession by the help of the  police authorities.  iii)    The municipality, after taking possession within the  time specified above, shall construct quarters/houses  for the allottees within a period of 1 = years from the  date of taken possession from the respective  allottees/petitioners.     5.      We make it clear that it will be open to the petitioners  to mention before this Court to ______ in the event, the  municipality fails to deliver possession to the respective  allottees of the new quarters/houses.  Then, it will be open  to the municipality to fix reasonable monthly rent of the  respective quarters of the allottees.   

6.      With the above directions, this Special Leave Petition  is disposed of.  There will be no order as to costs.