IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.5691 OF 2008 Manohar B. Bhoir & Ors ..Petitioners. vs. The Managing Director,CIDCO & Ors ..Respondents. Mr P.K. Hushing, Advocate for the Petitioners. Mr A.M. Kulkarni, Advocate for Respondent No.1. Mr V.A.Sonpal, A Panel Counsel. CORAM:- D.K.DESHMUKH AND K.K.TATED,JJ. DATE :- 14TH DECEMBER,2009 P.C:- By this petition, the petitioners challenge letter dated 5.9.2007. That letter of intent was issued in favour of the petitioners for allotment of land under the 12.5 Scheme. Perusal of the letter dated 5.9.2007 shows that the Authorities were acting on the basis of the judgment of the Civil Court, which has held that somebody else is entitled to the compensation for the land that has been acquired. The learned counsel for the petitioners does not dispute that somebody else is entitled to the compensation. But according to him, though somebody else is entitled to compensation, the petitioners are entitled to the allotment of plot under the 12.5 Scheme because they were the owners of the land on the day on which notification under section 4 (1) of the Act was issued. But the petitioners have chosen not to produce a copy of the Scheme on record. Perusal of the terms and conditions accompanying the letter of intent shows that one of the conditions was that there is no dispute about the land pending in any civil court. In our opinion, as under the 12.5 Scheme plot is allotted to the owners of the land in lieu of the payment of compensation, therefore, whosoever is entitled to receive the compensation would also be entitled to receive the land. Petition is hereby rejected. (D.K.DESHMUKH,J) (K.K.TATED,J)