mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5606 of 2008 IN FIRST APPEAL NO. 2158 of 2008 M/s.Sugam Society .. Appellant versus Municipal Corporation of Gr.Bombay .. Respondent ... Mr.P.P. Surve for the applicant. Mr.J.J. Xavier ofr the BMC CORAM : D.G. KARNIK, J DATED : 21st November 2008 P.C.: 1. Heard both sides. 2. By a letter at page 67 of the compilation, the applicant was granted permission to construct a toilet block on the land belonging to the Corporation for use of the public. Permission was subject to certain conditions. Prima facie, I am satisfied that there is no breach of any of the conditions imposed by the said letter. 3. In pursuance of the said permission, the applicant constructed the toilet for public convenience and use by the members of the public. By a letter dated 24th September 2007 the permission was sought to be revoked on the ground that the land whereon the toilet was constructed was required by the respondent for the purpose of alignment of proposed storm water drainage line. No other ground for revocation was mentioned in the said letter. Prima facie it appears that the licence is irrevocable u/s.60 of the Easement Act and could not have been revoked by the respondent until the expiry of its period. In the circumstances, applicant is entitled to an ad-interim relief of protection of the structure. Hence, civil application is allowed in terms of prayer clause (c). (D.G. KARNIK, J)