... 1 ... 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 CIVIL CIVIL CIVIL APPLICATION NO.174 OF 2006, APPLICATION NO.174 OF 2006, APPLICATION NO.174 OF 2006, CIVIL CIVIL CIVIL APPLICATION NO.175 OF 2006, APPLICATION NO.175 OF 2006, APPLICATION NO.175 OF 2006, CIVIL CIVIL CIVIL APPLICATION NO.176 OF 2006, APPLICATION NO.176 OF 2006, APPLICATION NO.176 OF 2006, CIVIL CIVIL CIVIL APPLICATION NO.177 OF 2006 APPLICATION NO.177 OF 2006 APPLICATION NO.177 OF 2006 AND AND AND CIVIL CIVIL CIVIL APPLICATION NO.178 OF 2006 APPLICATION NO.178 OF 2006 APPLICATION NO.178 OF 2006 Shrichand Vishnudas Raheja & Anr. ...Applicants (In all Applications) Vs. Ramesh C. Jain & Ors. ...Respondents (In all Applications) Shri A.A.Joshi i/by Ranjit & Co. for the Applicants in all Applications. Shri M.R.Desai for the Respondent No.1 in all Applications. Shri Y.M.Nakhwa, A.G.P. for the Respondent Nos.2 to 4 in all Applications. Shri J.J. Xavier for the B.M.C. in all Applications. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : SEPTEMBER 01, 2006. : SEPTEMBER 01, 2006. : SEPTEMBER 01, 2006. P.C.: P.C.: P.C.: 1. These Applications were placed before me on the basis of the Administrative Order passed on the basis of order dated 02nd March, 2006 passed by Justice A.M.Khanwilkar in these Applications. Heard Advocates appearing for the parties. All along it was represented before the Court by the Applicants that transit accommodation has been kept ready as per the undertaking given by the Applicants dated 27th April, 2005 and as per the earlier order dated 29th April, 2005 passed by this Court. On the last date the ... 2 ... Advocate appearing for the contesting Respondents pointed out that in the permission which is granted by the Municipal Corporation to use transit accommodation permits user of the first floor only for storage purposes. When this was pointed out on the last date, these Applications were adjourned till today to enable the Advocate appearing for the Municipal Corporation to take instructions whether user of the first floor can be permitted for other purposes. Today, the Advocate appearing for the Municipal Corporation has produced documents which show that in the plan submitted by the Applicants for approval of the transit accommodation, the user of the first floor was shown only as a storage and that is the reason why Municipal Corporation has granted permission to use the first floor only for storage. It is pertinent to note that on the last date, the Applicants did not point out that only on the basis of their application, the user of the first floor was restricted to storage. 2. Today when the aforesaid statement was made by the Advocate for the Municipal Corporation, the Advocate appearing for the Applicants states that the Applicants have never agreed that first floor can be used for any other purpose than storage and the only ... 3 ... stand taken earlier by the Applicants is that transit accommodation with ground plus first floor will be provided with equivalent area. It is pertinent to note that this submission was never made by the Applicant at any point of time earlier. It was also not pointed out on the last date by the Applicants that the Corporation has permitted user of the first floor only as a storage because the Applicants themselves applied for permission to construct first floor for user as a storage. I find that at no stage, a stand was taken specifically by the Applicants that first floor premises in the original structure were used by the concerned Respondents only for storage. Even the order dated 29th April, 2005 or the affidavits of the Applicants dated 27th April, 2005 and 29th April, 2005 do not record that the Applicants will be provided first floor which can be used only for the purposes of storage. Thus, it is obvious that the temporary transit accommodation provided by the Applicants is not in terms of the earlier order passed by this Court. 3. In view of this position, no relief can be granted as of today in favour of the Applicants. The Applications are rejected. Liberty to the Applicants to take out fresh Applications after the transit ... 4 ... accommodation is ready in all respect in terms of the earlier order. If keys of the transit accommodation are handed over by the Applicants to the concerned Respondents, the keys shall be handed over by the Respondents to the Applicants within period of two weeks from today. JUDGE JUDGE JUDGE