Kalyan Dombivali Municipal ... vs Savitri Ramasubramaniam Iyyer And Ors on 6 July, 2021
4-IA-st-12464-21=wp7146-26.docx
(III) In the event, the petitioners are tenants, they shall be entitled to
alternate premises of the same area in any redeveloped premises that
may be constructed by the landlords, which shall be occupied by them
on the same terms and conditions and with the same legal rights as they
exist today, as held by a coordinate Bench of this Court in Writ Petition
(St) No.9834 of 2021; George Mendonca & Anr. Vs. Vasai-Virar City
Municipal Corporation & Ors., Order dt.June 15, 2021 (supra).
(IV) It is clarified that till the building is demolished, the petitioners or
any other occupants shall occupy the premises at their own risk and
consequences and they shall not hold the KDMC or any other authority
or the landlords liable in the event of an unfortunate collapse. Also the
undertakings furnished by the petitioners in pursuance of the Court
order dated June 24, 2016 shall continue to operate.
(V) An action taken report on affidavit, be placed on record of this
petition by the KDMC within two weeks from today.
(VI) The application is accordingly disposed of in the above terms. No
costs.