- (1.) Leave granted.
(2.) Appellants herein are slum dwellers. They and/ or their predecessors encroached upon a property bearing C.T.S. No. 61, Survey No. 59 in village Mulgaon. Indisputably, an agreement was entered into by and between the parties hereto with regard to their rehabilitation on C.T.S. No. 82, the relevant conditions whereof read as under: "3. Eligibility There are a number of huts which are existing on the slum property, whose names of occupant and structures are appearing in 1995 voters list and are occupying the same till date. It will be the responsibility and obligation of the occupant to obtain Eligibility Certificate by the Competent Authority. In case the Occupant fails to get such certificate this agreement will ipso facto come to an end and occupant will not have any rights against the party of the other part. The eligibility certificate to be issued by concerned Authority shall be final and binding. 4. Consent Slum dwellers hereby agree and give consent to participate in SPA as per DCR (10), Appendix IV. If, however, the Developer is unable to implement SRA scheme due to any reasons, the occupant will still get the allotment of 225 sq. ft. carpet area on ownership basis form the Developer in this case the proposal will be sanctioned by MCGM. In other words, the interest of the occupant is safeguarded from all angles. The occupant is hereby aware and agrees to shift into permanent ultimate accommodation admeasuring 225 sq. ft. carpet area which will be consisted for them on CTS No. 82 village Mulgaon."
(3.) Inter alia on the premise that the appellants failed to obtain eligibility certificate, the respondents started construction of commercial building on Survey No. 82.;