.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4631 OF 2008 IN FIRST APPEAL NO. 1897 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Ms.Geeta Shastri i/b Khilnani & Co. for the appellant. Mr.J.J. Xavier for the respondent. CORAM : D.G. KARNIK, J. DATE : 1ST OCTOBER 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the parties. 2. Injunction is sought against the removal of the projection put up on the premises. 3. A Shop Act Licence has been obtained in the year 1962 and therefrom it appears that the structure is old and probably prior to thee datum line and therefore protected. However, the projection appears to be new. In fact, on - 2 - 17th May 2003, the appellant had made an application for permission to put up projection under section 313(b) of the Mumbai Municipal Corporation Act. The permission was not granted. When the inspector went for inspection of the premises prior to the consideration of the application for the grant of permission, he discovered that the projection had already been erected. The report of the inspector dated 5th June 2003 clearly shows that the projection had been erected and intrudes the municipal footpath. 4. In the circumstances, the appellant is not entitled to an injunction against the removal of the illegally erected projection. Accordingly, the prayer for an injunction against the removal of the projection is rejected. It is however clarified that the Corporation shall not demolish the shop or the rolling shutters thereof, if at all it intends to do so, without due process of law. (D.G. KARNIK, J.)