1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.614 OF 2007 IN WRIT PETITION NO.2367 OF 2000 M/s.Natasha Towers Co-operative ..Petitioner Housing Society Ltd. V/s. The Bombay Municipal Corporation ..Respondents & ors Mr.M.M.Vashi i/b.Mr.S.M.Sabrad, Advocate, for petitioner Ms.P.A.Purandare, Advocate, for respondent No.1 M.D.Naik, AGP, for the respondent Nos.2 & 3 Mr.D.J.Khambata, Senior Advocate i/b.Maneksha & Sethna, for respondent No.4 CORAM : J.N.PATEL & K.U.CHANDIWAL, JJ. DATE : 10TH JULY, 2008 P.C. . Heard. 2. We are informed that the respondents the original owners of the property who got the claim sanctioned from the competent authority under the ULC ACT, 1976 have preferred Special Leave Petition before the Supreme Court in respect of their 2 prosecution for committing breach of the terms & conditions of the Scheme which is pending in the Supreme Court. That issue has prior bearing on the merits of the petition. 3. Mr.D.J.Khambata, Senior Advocate appearing for respondent No.4, submits that in view of the decision of the Supreme Court rendered in the case of M/s.Shantistar Builders v. Narayan Khimalal Totame, reported in AIR 1990 SUPREME COURT 630, the Hon'ble Supreme Court has accepted that the flats under the Scheme to be alloted to Government nominee should not exceed 5% of the total accomodation available in any scheme. 4. We are, therefore, of the view that unless this issue is resolved, it will be difficult for this Court to recall its order as sought for by the petitioner. 5. It is not disputed that in the Project under the Scheme which consists of 90 flats out of which seven flats have been already surrendered to the 3 State which is more than 5% and which is not disputed by the learned AGP. Therefore, Notice of Motion stands disposed of with liberty to the petitioner to move this Court after SLP preferred by the respondents is decided. (J.N.PATEL, J.) (K.U.CHANDIWAL, J.)