1 1180.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 1180 OF 2011 Mr.Shrikrushna Narayan Mogavir. ... Appellant. V/s. Mumbai Metropolitan Region Development Authority and others. ... Respondents. Moin Khan for the appellant. Kuldeep Patil for respondent Nos.1 to 3. Ms.K.K.Soran for respondent No.4. CORAM: R.M.BORDE, J. DATED : 20th October 2011. P.C. : As per the report of the Deputy Collector (Encroachment), the appellant was held entitled to acquire 50 sq.ft. commercial premises. Initially, the appellant was allotted commercial premises to the extent of 50 sq.ft. at Gautam Nagar, Group-B- MUIP Road Project. However, there was no commercial premises of 50 sq.ft. available in the building. As such, appellant was allotted 50 sq.ft. area out of a shop admeasuring 180 sq.ft. As it was found that commercial premises of 180 sq.ft. cannot be divided in to three parts, after making available 50 sq.ft. commercial premises, allotment was made in that regard and the appellant was directed to shift to the newly allotted commercial 2 1180.11-ao premises situated at Chembur. The appellant, dissatisfied with the order passed on 6th November 2010, approached the City Civil Court by presenting suit. 2. So far as question of entitlement of appellant to acquire 180 sq.ft. commercial premises on the basis of his alleged eligibility, the same is required to be dealt with by the Court at the time of final hearing of the suit. At present appellant is entitled only to 50 sq.ft. commercial premises and he has been allotted alternate premises at Vashi Naka, Chembur. The interim relief as prayed by the appellant has been rejected by the trial Court. 3. I have perused the order passed by the Court below. After going through the order and after considering the relevant documents placed on record by the appellant, I am satisfied that the trial court has taken a reasonable approach in the matter and the impugned order does not appear to be perverse. The appellant mayl have to accept the allotment subject to the final disposal of the suit. There is no merit in the appeal from order and the same is, accordingly, dismissed. In view of dismissal of appeal from order pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)