IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.106 OF 2009 Madhu Fantasy Land Private Limited and another... Petitioners Vs. The State of Maharashtra and others. ... Respondents Mr. Milind Sathe, Senior Advocate i/by M/s. H. Thakkar & Co. for the Petitioners. Ms. Geeta Shastri, Assistant Government Pleader for the State. Ms. Geeta Jogalekar for the BMC. CORAM: SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J. DATE : 18TH MARCH, 2009 P.C.: We have heard the learned counsel appearing for the parties. With the consent of the learned counsel appearing for the parties, writ petition is taken up for final disposal and being disposed of as such. 2. There is no dispute as to the fact that the land of the petitioners was acquired and possession thereof was taken in the year 2007. Vide their application dated 12th June, 2008, the claimants had claimed for TDR in lieu of compensation and accordingly, their application was recommended in the draft award. After publication of the Award made under section 11 of the Land Acquisition Act, the competent authority viz. Municipal Corporation of Greater Mumbai has to take a final decision on the matter and decide whether claimants would be awarded compensation in terms of money or TDR. 3. The learned counsel appearing for the Corporation has stated before us that the authorities have decided to award compensation to the claimant in terms of money rather than TDR as it is not possible to grant 100% TDR. It is further stated by the learned counsel appearing for the respondents that part of the compensation has already been deposited with the concerned Collector. The balance compensation payable to the claimants has already been computed. It is only to be finalised and deposited with the Collector in terms of the rate determined in the award. 4. The learned counsel appearing for the petitioners then stated that they were willing to accept the compensation in terms of money and in fact, after pronouncement of the award under section 18 of the Land Acquisition Act they have filed a reference for enhancement of the compensation. Thus, without prejudice to the rights and contentions of the parties and in view of the statement made, we dispose of the writ petition with a direction that the petitioners herein would be entitled to receive compensation already deposited with the Collector in accordance with law. The respondent-Corporation shall deposit the remaining compensation if any with the Collector within four weeks from today positively which can also be withdrawn by the petitioner in accordance with law by making proper application. Writ petition stands disposed of. No order as to costs. CHIEF JUSTICE DR. D.Y. CHANDRACHUD, J.