: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5240 OF 2009 M/s.Chikita ... Petitioner V/s. R.Govindrajan & Anr. ... Respondents Ms.Soma Singh for Petitioner Mr.Vikas Warerkar for Respondent No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: 9th JULY, 2009 P.C.: 1. The petitioner is aggrieved by the order passed by the appellate authority under the Public Premises (Eviction of Unauthorised Occupants) Act directing the petitioner to deposit an amount of Rs.15,75,000/- and to give a further bank guarantee for the like amount. 2. The main contention of the petitioner is that the estate office has calculated the damages on the basis of the valuer’s report which cannot be relied upon. It is submitted that the petitioner is running a small restaurant and it would be difficult for the petitioner to deposit the amount as directed by the Court. 3. The learned advocate for the insurance company on the other hand submits : 2 : that the premises are required by them and he further submits that the estate officer has awarded damages @Rs.75/- per sq.ft. as against the valuation report which calculated damages at more than Rs.100/-. He submits that there is no error apparent on the face of the record and, therefore, there is no need to interfere with the present order passed by the appellate authority. 4. Considering the facts and circumstances of the case and the order dated 22.4.2009 in Writ Petition No.3904 of 2009, which has been passed in respect of the premises in the same building, I am of the view that the petitioner must be directed to deposit damages @Rs.50/- per sq.ft. on the area as mentioned in the estate officer’s order. The estate officer has found that the petitioner is in possession of 536 sq.ft. which includes the ground floor and a mezzanine floor. In these circumstances, the arrears of compensation of 75 months should be calculated @Rs.50 per sq.ft. The petitioner shall deposit 50% of this amount being Rs.10,05,000/- in two equal installments. The first installment shall be deposited within two weeks from today and the next installment within four weeks thereafter. 5. The petitioner shall also furnish a bank guarantee within six weeks after the second installment is paid. 6. Any default in depositing either of the installments would lead to the order of the appellate authority coming into force. 7. The appeal is expedited. Writ petition is disposed of accordingly.