1 45-2447-10.sxw srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.2447 OF 2010 IN FIRST APPEAL NO.885 OF 2010 Abdul H. Khan .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2448 OF 2010 IN FIRST APPEAL NO.886 OF 2010 Abdul Latif A.K.Khan .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2449 OF 2010 IN FIRST APPEAL NO.887 OF 2010 Jamilahmed Shaha .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2450 OF 2010 IN FIRST APPEAL NO.888 OF 2010 Naushad C. Momin .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. 2 45-2447-10.sxw WITH CIVIL APPLICATION NO.2451 OF 2010 IN FIRST APPEAL NO.889 OF 2010 S. Sunder .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2452 OF 2010 IN FIRST APPEAL NO.890 OF 2010 Mehboob Sayyad .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2453 OF 2010 IN FIRST APPEAL NO.891 OF 2010 Tohid A. Khan .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2454 OF 2010 IN FIRST APPEAL NO.892 OF 2010 Khurshid R. Ansari .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. 3 45-2447-10.sxw WITH CIVIL APPLICATION NO.2455 OF 2010 IN FIRST APPEAL NO.893 OF 2010 Pandurang Bhuvad .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2456 OF 2010 IN FIRST APPEAL NO.894 OF 2010 S.G. Khan .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2457 OF 2010 IN FIRST APPEAL NO.895 OF 2010 Amanulla Noor M. Momin .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. WITH CIVIL APPLICATION NO.2458 OF 2010 IN FIRST APPEAL NO.896 OF 2010 Vishnu B. Sale .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. 4 45-2447-10.sxw WITH CIVIL APPLICATION NO.2459 OF 2010 IN FIRST APPEAL NO.897 OF 2010 Aftar R.H. Qureshi .. Applicant V/s. Brihanmumbai Municipal Corpn. & Anr. .. Respondents. Mr. Shripad Murthy i/b. Smt. Gauri K. Jadhav, for Applicant. Mr. J.J.Xavier, for Respondent No.1. CORAM: B.R.GAVAI, J. DATE: 7th September, 2010. PC: 1 Heard learned counsel for the parties on the question of grant of interim relief. 2 From the perusal of the material on record, it would reveal that the structure in question are standing from 1966. It can further be seen that the defence witness himself has admitted in his evidence that the structure are standing from 1966. The land which admittedly belongs to the Corporation was given on lease to M/s. Modern Cultivators. The said M/s. Modern 5 45-2447-10.sxw Cultivators assigned the right to M/s. Zakir Hussain Faruqui & Company in 1974 with the permission of the Corporation. It has come on record that the in the year 2000, the said land was surrendered to the Corporation by the said M/s. Zakir Hussain Faruqui & Company. 3 It is the case of the Applicants that the premises were sub-let to them by the Corporation in the year 1966 and that the said structure were already in existence. It is the case that they have not constructed the structure but it is the Modern Cultivators, which has constructed the structure and put them in possession in the year 1980. 4 It can be seen that from 1966 to 2006, no steps were taken by the Corporation for removal of the unauthorized construction. It is only in the year 2006 that upon complaint made by some un-known persons, the present proceedings are initiated. The land in question is reserved for the Solid Waste Management Department of the Municipal Corporation of Greater Mumbai. A specific query is made to the learned counsel for Corporation, as to whether the corporation has started any work for the said project. The reply is in the negative. 6 45-2447-10.sxw 5 In that view of the matter, I am inclined to allow this application. Applications are allowed in terms of prayer clause (a). However, it is made clear that the Respondent-Corporation would be at liberty to move this Court for modifying/vacating the orders, in the event, the Corporation proposes to start any project of the said Solid Waste Management Department. (B.R.GAVAI,J.)