2 is a Union representing hutment dwellers having their hutments in lands belonging to the Bombay Port Trust.
1 who is dead was a hutment dweller and Petitioner No.
Respondents Nos.
The Division Bench appointed a Commis sion for the purposes of inquiring and determining as to which of the persons whose names and addresses were given in the affidavit filed on behalf of the petitioners were in occupation of hutments in the Bombay Port Trust lands for at least two years prior to January 1, 1981.
From the Judgment and Order dated 24.5.1985 of the Bombay High Court in Appeal No.
By an order dated January 27, 1986 a Division Bench of this Court companyprising Bhagwati, C.J. and Oza, J. observed that as far as they gathered, about 406 families were involved in the operation relating to the removal of unauthorised hutments on the lands of Bombay Port Trust.
1 to 3 to the petition are the Chairman of the Bombay Port Trust, Union of India and the State of Maharashtra respectively.
Some of the hutments in the Bombay Port Trust lands were cleared by the Bombay Port Trust in the first part of May 1985 and these hutments were demolished.
CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No.
C. Bhandare, G.S. Chatterjee and Ms. C.K. Sucharita for the Petitioners.
Certain interim orders were passed in the said Petition from time to time with which we are number companycerned.
461 of 1985.
Original Petitioner No.
59 of them had already left for Govandi a place in Bombay where alternative sites were presumably allotted to them and the Commission held that these persons were number staying on the Bombay Port Trust lands.
992 of 1985 on the Original Side of the Bombay High Court inter alia for restraining the Bombay Port Trust from carrying out any further demolition of hutments and asking for several other reliefs.
Datta, G. Ramaswamy, Additional Solicitor Generals, S. Bhasme, Praveen Kumar, R.P. Srivastava, Mrs. Sushma Suri, U.J. Makhija, B.S. Bhasania, Mrs. A.K. Verma, and Turn Bangs for the Respondents.
The Judgment of the Court was delivered by KANIA, J. Heard Counsel.
The Petitioners filed a Writ Petition No.
The Petitioners preferred an appeal against the said order which was dismissed by a Division Bench of the Bombay High Court by the order sought to be impugned before us.
7883 of 1985.
This is a Petition under Article 136 of the Constitution for special leave to appeal against a judgment and order of a Division Bench of the Bombay High Court dated May 24, 1985.
They also observed that it was fair and just that some alternative land sites be provided to those who have been companytinuously in occupation since at least two years prior to a cut off date, fixed by them as January 1, 1981 should be provided with alternative sites before being thrown out of the said land and directed that those hutment dwellers who have been in occupation of the Bombay Port Trust lands along with their families for the said period, shall number be thrown out unless and until, as a companydition precedent, alternative sites are provided to them for occupation.
