1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO. 336 OF 2010 WITH CIVIL APPLICATION NO.447 OF 2010 Manilal H. Gala & Anr. ..Appellants. v. B.M.C. ...Respondent. WITH APPEAL FROM ORDER NO.337 OF 2010 WITH CIVIL APPLICATION NO.448 OF 2010 Mrs. Padmini M. Bhatia ..Appellant. v. B.M.C. ..Respondent. WITH APPEAL FROM ORDER NO.338 OF 2010 WITH CIVIL APPLICATION NO.449 OF 2010 Mr. Premji L. Shah and Anr. ..Appellants. v. BM.C. ..Respondents. WITH APPEAL FROM ORDER NO.339 OF 2010 WITH CIVIL APPLICATION NO.450 OF 2010 Dilip B. Madhavani Alias Thakkar ..Appellant. v. B.M.C. ..Respondent 2 WITH APPEAL FROM ORDER NO. 340 OF 2010 WITH CIVIL APPLICATION NO.451 OF 2010 Mr. Harilal P. Shah ..Appellant. v. B.M.C. ..Respondent. WITH APPEAL FROM ORDER NO.341 OF 2010 WITH CIVIL APPLICATION NO.452 OF 2010 Mr. Dilip B. Madhavani Alias Thakkar ..Appellant. v. B.M.C. ...Respondent. WITH APPEAL FROM ORDER NO.342 OF 2010 WITH CIVIL APPLICATION NO.453 OF 2010 Mr. Hemrajbhai M. Shah & Anr. Appellants. v. B.M.C. ..Respondent Shri D.H.Mehta with Ms.A.H.Chheda with Deepak Lulia, advs. For the Appellants. Shri Anil C.Singh, Special Counsel a/w J.Xavier, advs. for the Respondent/B.M.C. CORAM : J.H. BHATIA, J. DATED : APRIL 7, 2010 P.C. 1 Heard the learned counsel for the parties. 3 2 Respondent/Municipal Corporation had issued notices dated 26.3.2010 to the Plaintiffs/appellants that certain portion from the front side of their shops would be taken for emergent road widening work. The said notices were challenged by the plaintiffs/appellants by filing different suits before the City Civil Court. They also took out notices of motion seeking stay to the implementation of the notices and also prayed for ad-interim relief. The City Civil Court refused to grant ad-interim relief to the present appellants. That order of refusal has been challenged in the present appeals. The learned counsel for the appellants points out that in one of the suits pertaining to shop no.4 situated in the same line, the City Civil Court had granted ad-interim relief but that was not considered in respect of the suits filed by the plaintiffs/appellants. It is also pointed out that in Writ Petition No.195/2010 M/s. Mangalam Dairy v. The M.C.G.M. & Anr. , High Court had granted stay to the implementation of the notice by the order dated 27th March, 2010 and that order has been extended till 20th April, 2010 as the reply is not yet filed. It is material to note that in the present matters, the Municipal Corporation has not filed any reply and without any reply, the trial Court had refused to grant any stay and all these properties of the plaintiffs have been put to the immediate risk of being demolished. The learned 4 counsel for the appellants contended that almost 50% of the area will be taken in the road widening project. The learned counsel for the Corporation stated that the plaintiffs may be allowed to raise first floor on the remaining structure but he could not make any statement as to whether the Municipal Corporation intends to give any compensation for the structure to be demolished because plaintiffs may be put to some expenditure for making construction in lieu of area , which would be demolished. The learned counsel for the respondent/Municipal Corporation after some discussion on all these points made a request that the Municipal Corporation may be granted time to file reply before the trial Court. In view of this, with consent of the parties, appeals as well as application stand disposed off with the following directions: 1 Respondent/Municipal Corporation shall, as requested, file reply to the notice of motion before the trial Court within 4 weeks from this date and the trial Court shall hear and dispose of the notice of motions within six weeks thereafter. Impugned notices shall not be implemented till the disposal of the notice of motions. Notice of motion shall be decided by the trial Court on its own merits as per law without 5 being influenced by any observations made in this order. All the contentions of the parties are left open. (J.H. BHATIA,J.)