IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.R.A.NO.13183/2008 Mr.Shoeb Y.Kasmani & Ors. .......... Petitioner Vs. The Municipal Corporation of Greater Mumbai Respondent Mr.Arif Bookwala Sr.Counsel with Mr.Jayesh Bhatt for the petitioner Mrs.Geeta Joglekar for the respondent Coram : S.J.Vazifdar,J. Date : 10th of June,2008. P.C. 1] It will be necessary in the first instance for the appellants to challenge the decision of the respondents refusing the allotment of commercial premises as an alternate accommodation and allotting only residential premises. 2 2] No interim reliefs of the nature sought can be granted in view of the fact that the premises have already been demolished for public purpose viz.road widening and in view of the order of the Division Bench dt.17th May,2008 in which petition (No.1359/08) the appellants are at liberty to take possession of the alternate premises without prejudice to all their rights and contentions. It is made expressly clear that if the appellants take possession of such residential premises it will not be open to the respondents to contend that the appellants are not entitled to agitate their alleged right to commercial premises. The appellants are also at liberty to apply to the respondents for carrying out commercial activities from the said premises which application no doubt will be decided in accordance with law. 3] If a representation to this effect is made pursuant to this order the respondents are requested to decide the same as expeditiously as possible preferably within 8 weeks from the receipt thereof. It is further clarified that even such an application whether granted or not granted will not affect the appellants' rights to contend that they are entitled to commercial premises. C.R.A. is disposed of accordingly.