1 wp6153-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6153 OF 2011 Smt.Hiruben L. Gala .. Petitioner versus Dy.Collector (Enc & Removal) & Ors .. Respondents ALONGWITH WRIT PETITION NO.6154 OF 2011 Abdul Karim Shaikh .. Petitioner versus Dy.Collector (Enc & Removal) & Ors .. Respondents ALONGWITH WRIT PETITION NO.6155 OF 2011 Abdul Razzak Shaikh .. Petitioner versus Dy.Collector (Enc & Removal) & Ors .. Respondents Mr.Anil Singh i/by Atul S. Singh for the petitioner. Mrs.Aparna Vhatkar, A.G.P for respondent/State. CORAM : S.C.DHARMADHIKARI, J. 3rd August 2011. P.C.: . Heard. The only contention raised before me by Mr.Singh, the learned counsel appearing on behalf of the petitioner is that the order 2 wp6153-11.doc passed by the appellate authority permits the petitioner to make an application for protection and regularisation of the alleged unauthorised work. Therefore, without that opportunity being given, the structure cannot be demolished as threatened in the show cause notice. 2 On the other hand, it is argued on behalf of the respondents by Ms.Vhatkar that the petitioner has not approached this Court with clean hands. The photo-pass holder is not carrying on any business nor has any right in the structure because when the structure was acquired by the petitioner, she had sought permission to carry on business of garage. The licence was also obtained for that purpose. Later on, she seems to have transferred right, title and interest in the property to somebody else and presently a huge garment shop is found at the site. That garment business and sale of ready-made clothes is a business in which the petitioner is not related or connected in any manner. Further, as far as garage is concerned, the height of 18ft was permitted, whereas, for a cloth shop the height cannot exceed more than 14ft. 3 wp6153-11.doc 3 To my mind, all these matters cannot be made subject matter of investigation in a writ petition and that too for the first time. Since, the matter was moved urgently and it involved demolition of structure, the petitioner has been protected and parties have maintained status-quo as of today. In these circumstances, interest of justice will be served if this writ petition is disposed off in terms of the liberty granted in the appellate order. If the petitioner makes an application for retention/ regularisation within a period of one week from today and produces necessary documents and materials, the competent authority shall decide the said application within two weeks thereafter and pass necessary orders in accordance with law. 4 Needless to state that the petitioner will have an opportunity of not only placing the documents, but even a personal hearing. Petition is disposed off in these terms. Status-quo as of today in relation to the structure in question shall be maintained for a period of four weeks from today. (S.C.DHARMADHIKARI, J)