1 29-caf.1310.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1310 OF 2011 IN FIRST APPEAL NO. 707 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.R.Anil Singh i/b D.R.Shah for the Applicant. Mr. Vinod Mahadik for Respondent No.1. Mr. S.R.Singh Respondent No.2. CORAM : A.S.OKA, J. DATE : 29 th June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 Prima-facie, it appears to me that a case is made out in the plaint that action of issuing notice under Section 55(1) of the Maharashtra Regional and Town Planning Act, 1966 is void as there is specific pleading that the action is ultra-vires the powers vested in Respondent No.1- Corporation. Moreover, from the cross-examination of the plaintiff, it prima-facie appears that the structure may not be of temporary nature. Hence, a case is made out for grant of interim relief. 2 29-caf.1310.11 3 Hence, the application is disposed of by passing the following order: i. There will be interim relief in terms of prayer clause (a); ii. It is, however, made clear that it will be open for Respondent No.1 to adopt due process of law (except the action under Section 55(1) of the said Act) for removal of the disputed structure; and iii. All contentions of the parties on that aspect are kept open. [ A.S.OKA, J ]