ABHAY S. OKA, J.

( 1 ) RULE. Shri Sawant learned G. P. waives service for Respondents Nos. 1, 3 and 6. Shri Utangale waives service for Respondent No. 2, Shri Shah waives service for Respondent No. 4 and Shri Jakhadi waives for respondent No. 5. Shri Patwardhan waives service for respondent No. 7. Considering the facts and circumstances of the case and with the consent of the counsel appearing for the parties, the petition is immediately taken up for final hearing. The contesting respondents have already filed their replies. The petitioners have filed their rejoinder also.

( 2 ) THIS petition under Article 226 of the constitution of India interalia seeks to challenge the orders of eviction dated 4th March 2005 issued by the respondent No. 3 (Mumbai Housing and Area Development board) against the members of the Petitioner no. 1-proposed society under sections 33 and 38 of the maharashtra Slum Areas (Improvement, Clearance and redevelopment) Act, 1971 (hereinafter referred to as "the Slum Act" ). In the said notices, it is alleged that the members of the Petitioner No. 1 to whom notices have been addressed have refused to shift to the alternative accommodation offered by the