[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1598 OF 2008 M/s. Nahar Enterprises and Anr. ... Petitioners. Vs. MunicipalCorporation of Greater Mumbai and Ors. ... Respondents. Mr. Janak Dwarkadas Senior Counsel i/b. M.L.Chaturvedi for the Petitioners. Smt. Archana Joshi for respondent Nos. 1 to 4. Mr. M.D.Naik AGP for respondent Nos. 5 to 9. CORAM CORAM CORAM : : : Sri R.M.S.Khandeparkar Sri R.M.S.Khandeparkar Sri R.M.S.Khandeparkar and and and Sri Sri Sri A.A.Sayed, J. A.A.Sayed, J. A.A.Sayed, J. DATE DATE DATE : August 13, 2008. : August 13, 2008. : August 13, 2008. P.C. 1. Heard. 2. The only relief which the petitioner is seeking in the matter is for direction to the concerned authorities to carry out survey of the land in question and to prepare the list of unauthorised structures while identifying the names of the occupants of such structures and further direction to the Corporation to take appropriate steps to remove such unauthorised [ 2 ] structures so as to enable the petitioner to comply with the undertaking given by him. 3. Upon hearing the advocates for the parties and on perusal of the record including the affidavit filed by the respondents, we find that the concerned authorities have failed to take appropriate steps to stop the unauthorised structures being erected in the property in question and, therefore, the petitioner is justified in contending that there is need for appropriate survey and to identify unauthorised structures with the identity of the occupants thereof and, thereafter the concerned to take steps to remove such unauthorised structures. 4. In the facts and circumstances of the case, it is not necessary to go into the other issues sought to be raised in the matter. Suffice to direct the respondent No. 5 & 6 to carry out necessary survey of the land in question and prepare the list of unauthorised structures alongwith the identity of the persons in occupation and thereupon the concerned to take appropriate steps for removal of such unauthorised structures. [ 3 ] 5. The affidavit filed on behalf of the corporation clearly discloses that the Corporation is prepared to take necessary action for demolition of the illegal structures, once the appropriate survey is conducted regarding the illegal structures by the respondent Nos. 5 & 6. 6. In the circumstances, the petitioners are justified in seeking direction in the nature of prayer clause (a) and (b). Therefore, the respondent Nos. 5 & 6 are directed to chary out the survey and prepare a list of unauthorised structures and names of the persons residing therein within a period of twelve weeks, thereupon the respondent Nos. 1 to 4 to take appropriate steps in accordance with law within four weeks thereafter. 7. Needless to say that the respondents would be entitled to get necessary protection in case it is required to conduct the survey and in that regard the respondent No. 7 and 8 shall extend appropriate assistance to the respondent No. 5 & 6 as well as to respondent Nos. 1 to 4 for carrying out further action in the matter based on the survey so conducted. [ 4 ] 8. All the orders passed by the Courts below in relation to any of the structures in the said land shall be subject to the order passed today in this petition. [R.M.S.Khandeparkar,J.] [R.M.S.Khandeparkar,J.] [R.M.S.Khandeparkar,J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]