(1.) Heard Mr.R.M.Vin, learned advocate for the petitioner and Mr.A.D.Oza, learned Public Prosecutor with Mr.S.K.Patel, learned APP on behalf of the respondent State.
(2.) The brief facts of the present petition are as under :-
(3.) Learned Advocate Mr.R.M.Vin appearing on behalf of the petitioner has submitted that present petitioner Shri NARENDRA SHANKARBHAI PATEL is prepared to file undertaking before this Court to the effect that damaged building `Setu Apartments' was constructed during my Chairmanship of the Bijal Association under whose aegis, Setu Apartment was built. The same was built under my Supervision and guidance. That as regards the damaged building, the petitioner undertake to reconstruct and restore all the four flats by undertaking constructing myself at my entire cost. However, if the flat owner or owners choose and desire to pay tome any amount by way of contribution as may be received from the Government aid or any agency by him or them, it will be open to me accept the same but I will not compel in any way any of them to make any such contribution by resorting to litigation or in any other manner I further undertake to complete the construction by the end of February, 2002 and put the respective flat owners in actual possession of their respective flats. If I fail in any way to deliver possession of reconstructed flats to the respective owner or owners by the end of February, 2002, I will pay rent compensation at the rate of Rs.5000.00 per month to each of such flat owner. If however any flat owner chooses not to have reconstructed flat, I will pay him the price thereof paid by him. Mr.Vin, learned advocate appearing on behalf of the petitioner has also further submitted that the petitioner is ready to pay Rs.75,000.00 to the legal heirs of the deceased Deval Ajit Dattatreya within three months of the date of release of the petitioner from jail.