bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3904 OF 2009 PETITION NO. 3904 OF 2009 PETITION NO. 3904 OF 2009 M/s.Royals ... Petitioner v/s R. Govindrajan & ors. ... Respondents Mr.V.B.Naik i/by Sukand R. Kulkarni for the petitioner. Mr.R.M.Hardas for the respondent No.2. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 22ND APRIL, 2009 22ND APRIL, 2009 22ND APRIL, 2009 P.C. P.C. P.C.: 1. The petitioner is aggrieved by the interlocutory order passed by the appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act, by which it has been directed to deposit half the damages calculated by the Estate Officer and to furnish a security for the remaining amount. The petitioner has also been directed to continue to pay the contractual rent pertaining to the suit property till the appeal is decided. 2. The learned advocate for the petitioner submits that the Estate Officer has calculated the damages at the 2 rate of Rs.75/- per sq.ft. when in paragraph 28 of the order he has considered that a compromise between the respondent Insurance Company and the Government led to an agreement between them where the monthly compensation was calculated at Rs.30/- per sq.ft. per month from 1996 and further increase of 25% every 5 years. The learned advocate submits that the Estate Officer has directed payment of damages at an exorbitant rate of Rs.75/- without having any basis. He submits that the appellate authority should not have directed the deposit of 50% of this amount as the petitioner would be hard pressed to raise the amount directed by the appellate authority. 3. On the other hand, the learned advocate for the Insurance Company submits that as against the demand of the respondent for calculating damages @ Rs.90/- per sq.ft., the Estate Officer has awarded damages @ Rs.75/- per sq.ft. He further submits that there is no need to interfere with the order which is interlocutory as the Insurance Company must have some security in case the appeal is decided against the petitioner. 4. Having heard the learned counsel for the parties, I am of the view that the interim order should be modified in the facts and circumstances of this case, especially 3 in view of paragraph 28 of the order of the Estate Officer. 5. Accordingly, the petitioner is directed to deposit half the damages calculated at Rs.50/- per sq.ft. per month with the respondents in two equal instalments. The first instalment shall be deposited within four weeks from today and the second within four weeks thereafter. Further, the petitioner shall furnish a security for the balance amount and continue to pay the contractual rent pertaining to the suit property till the appeal is decided. 6. The default in payment or deposit of any instalment would lead to the order of the appellate authority coming into force. 7. The security shall be furnished within six weeks after the second instalment is paid. 8. The appeal is expedited. 9. Writ petition disposed of accordingly.