1 ao1012.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1012 of 2010 Mira Bhayander Municipal Corporation ....Appellant v/s. M/s. Semtan Constructions ....Respondents Mr. Mandar Limaye for the appellant. Mr. P.N. Joshi for the respondent. CORAM: R.M. BORDE, J. 15th November, 2011 PC: This is an appeal by the Municipal Corporation taking exception to the interim order passed by the trial Court below exhibit 5 on 13th July, 2010. The Counsel appearing for the appellant has pointed out that the plaintiff-respondent herein has committed breach of the conditions and which has rendered the construction of building type ‘D’ illegal one. There was an undertaking given by the plaintiff while seeking commencement certificate in respect of building type ‘D’ that the respondent-original plaintiff would demolish the extra constructions made in respect of the building type ‘A’ and building type ‘B’ prior to commencement of construction of stated building type ‘D’. However, as per the contentions raised by the appellant-original defendant, the respondent-original plaintiff has failed to demolish the construction as per the undertaking given by the defendant and as such there is violation of Clause 40 of the Permission Letter. If such an undertaking is given and the same has been followed, it is open for the Municipal Corporation to take action in respect of illegal/extra construction made in respect of building type ‘A’ and building type ‘B’ and Corporation would have liberty to follow the procedure and demolish the illegal construction in respect of building type ‘A’ and building 2 ao1012.10.sxw type ‘B’. However, on account of breach of condition in Clause 40 of the Permission Letter, the construction of the building type ‘D’ which has been raised as per the plan and in pursuance to the Commencement Certificate issued by the Corporation is not rendered illegal and cannot be permitted to be demolished at this interim stage. There is no need to cause interference in the Appeal from Order. 2. Appeal from Order stands dismissed. (R.M.BORDE, J)