1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 498 OF 2008 NOTICE OF MOTION NO. 498 OF 2008 NOTICE OF MOTION NO. 498 OF 2008 IN IN IN WRIT PETITION NO. 2501 OF 2008 WRIT PETITION NO. 2501 OF 2008 WRIT PETITION NO. 2501 OF 2008 Anil V. Trivedi & Anr. .. Petitioners. vs. The Commissioner MMRDA & Ors. .. Respondents. Mr. M.R. Bubna for the petitioners. Mr. K.S. Patil for respondent no. 1. Ms. Shobha Ajeet Kumar for Respondent No. 2. Mr. D.A. Nalawade, GP., for respondent nos. 3 to 5. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & V.K. TAHILRAMANI, JJ. V.K. TAHILRAMANI, JJ. V.K. TAHILRAMANI, JJ. DATE: 23RD MARCH, 2009. DATE: 23RD MARCH, 2009. DATE: 23RD MARCH, 2009. P.C. . This notice of motion has been taken out for recalling of the order dated 16.10.2008. What we find after going through the order dated 16.10.2008 is that the Court not only dismissed the petition for non-prosecution but in paragraph 2 of the order it has 2 specifically observed that in view of the fact that the land has been acquired under the provisions of the Land Acquisition Act by invoking urgency clause, nothing survived in the petition and that the petitioner can very well withdraw the compensation amount which has been deposited in this Court. It would be appropriate that the petitioner seeks review of the order dated 16.10.2008. We, therefore, dismiss the notice of motion with liberty to the petitioner to take out an application for review. 2. The notice of motion stands disposed of accordingly. No order as to costs. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (V.K. Tahilramani, J.) (V.K. Tahilramani, J.) (V.K. Tahilramani, J.)