1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.101 OF 2004 In WRIT PETITION NO.2019 OF 2003 M/s.Sadanand Garge : Petitioner V/s. The State of Maharashtra & Ors. : Respondents ... Mr.C. J.Sawant with Mr.Girish Godbole for the petitioners. Mr.R. M. Sawant, Government Pleader for respondent Nos.1, 4 & 5. Mr.S. G. Surana for respondent No.2. Mr. Firdosh Poonawalla instructed by Fazalbhoy Motafram for the applicants. ... CORAM : DALVEER BHANDARI, C.J. & S.A. BOBDE, J. DATE : MARCH 10, 2005. P.C.: 1. By this Notice of Motion, the petitioner is seeking an injunction restraining respondent No.4 i.e. the Special Land Acquisition Officer, MHADA, from taking physical possession of final plot no.901 in T. P. S., Mahim Division, pursuant to possession notice dated 16.2.2004 without declaring the award under section 11 of the Land Acquisition Act, 1894, hereinafter referred to as the “Act”, or without following the procedure under 2 section 17 of the Act. 2. We find no merit in this Notice of Motion in view of the undisputed position that the petitioner being a tenant of the premises has been heard, pursuant to a notice issued to him under section 9 of the Act. Thereafter, the award has been declared on 16.2.2004. In fact, the respondents have stated before us that the petitioner has also applied for a reference under section 18 of the Act. 3. Accordingly, the Notice of Motion is dismissed. Sd/- CHIEF JUSTICE Sd/- S.A. BOBDE, J.