IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 57 OF 2007 IN NOTICE OF MOTION NO.3837 OF 2005 IN L.C.SUIT NO. 3604 OF 2005 Mahant Mataprasad Singh ... Appellant Vs. The Municipal Corporation for Greater Mumbai & Anr. ... Respondents Mr. S.C. Singh for G.C. Singh for the appellant. Mr. Malandkar for B.M.C. CORAM: A.M.KHANWILKAR,J. CORAM: A.M.KHANWILKAR,J. CORAM: A.M.KHANWILKAR,J. DATE : 2nd February,2007. DATE : 2nd February,2007. DATE : 2nd February,2007. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. In my opinion, there is no infirmity either in the approach or the conclusion reached by the Court below. The Court below has rightly adverted to the different documents produced by the City Survey Officer which clearly indicated that the first floor and the extension part have been put up after the datumline. Besides, the height of the first floor is not in conformity with the extant regulations and cannot be tolerated. If this is so, there is no reason to interfere with the conclusion reached by the Court below. Hence, dismissed. -- (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.)