IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO. 2095 OF 2005 MOTION NO. 2095 OF 2005 MOTION NO. 2095 OF 2005 IN IN IN L.A.R.NO.4 L.A.R.NO.4 L.A.R.NO.4 OF 2003 OF 2003 OF 2003 in Case in Case in Case No.LAQ/382/5/Kirol No.LAQ/382/5/Kirol No.LAQ/382/5/Kirol The The The S.L.A.O.(3) S.L.A.O.(3) S.L.A.O.(3) .... .... .... Plaintiff Plaintiff Plaintiff vs vs vs Padamshi Padamshi Padamshi Hirji & ors .. Hirji & ors .. Hirji & ors .. Defendants Defendants Defendants & Dy.Chief Dy.Chief Dy.Chief Engineer (C) Engineer (C) Engineer (C) Metro.Trans.Project Metro.Trans.Project Metro.Trans.Project (Rlys) (Rlys) (Rlys) .. Acq.body .. Acq.body .. Acq.body Mr.R.G.Mane Mr.R.G.Mane Mr.R.G.Mane AGP AGP AGP for SLAO for SLAO for SLAO Ms Ms Ms Seema Seema Seema Chetti i.b Suresh Kumar for Ac.body Chetti i.b Suresh Kumar for Ac.body Chetti i.b Suresh Kumar for Ac.body Mr.Vaghela Mr.Vaghela Mr.Vaghela for for for Cl.no.6,8 to 17,12,13 to 18,19,20 Cl.no.6,8 to 17,12,13 to 18,19,20 Cl.no.6,8 to 17,12,13 to 18,19,20 21 21 21 to to to 33. 33. 33. Ms Ms Ms Asha Asha Asha Bhambwani for Intervenor Bhambwani for Intervenor Bhambwani for Intervenor CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATED DATED DATED : : : 15th January, 2007 15th January, 2007 15th January, 2007 P.C. P.C. P.C. 1.1.1. The reference has been made for apportionment The reference has been made for apportionment The reference has been made for apportionment of of of the amounts of the award between the landlords the amounts of the award between the landlords the amounts of the award between the landlords who who who are the claimant nos. 1 to 7 and the tenants are the claimant nos. 1 to 7 and the tenants are the claimant nos. 1 to 7 and the tenants who who who are claimant nos. 8 to 33. are claimant nos. 8 to 33. are claimant nos. 8 to 33. 2.2.2. The tenants have been accommodated in a The tenants have been accommodated in a The tenants have been accommodated in a permanent permanent permanent accommodation by the acquiring body free accommodation by the acquiring body free accommodation by the acquiring body free of of of cost. Consequently, the acquiring body has cost. Consequently, the acquiring body has cost. Consequently, the acquiring body has claims/interest interest interest of the tenants in the award in his of the tenants in the award in his of the tenants in the award in his reference. reference. reference. The owners have taken out this The owners have taken out this The owners have taken out this application application application to withdraw the entire amount of the to withdraw the entire amount of the to withdraw the entire amount of the award award award deposited by the S.L.A.O. in this case. deposited by the S.L.A.O. in this case. deposited by the S.L.A.O. in this case. Such Such Such withdrawal cannot be permitted in view of the withdrawal cannot be permitted in view of the withdrawal cannot be permitted in view of the equitable equitable equitable claim of the acquiring body. claim of the acquiring body. claim of the acquiring body. 3.3.3. Notice of Motion is dismissed. Notice of Motion is dismissed. Notice of Motion is dismissed. 2 (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)