1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 124 OF 2010 IN WRIT PETITION NO. 1353 OF 2009 Shri Ganesh Jyoti Welfare Association Ltd. ..Petitioner versus The Assistant Commissioner, Mumbai & Others ..Respondents Mr. A.Y. Sakhare, Sr.Advocate with Mr.S.M. Railkar for Petitioner Ms. S. A. Modale for BMC CORAM : F.I. REBELLO & A. A. SAYED , JJ. DATED : 18TH MARCH, 2010. P.C. 1 This Court by order dated 18th January, 2010 declined to exercise the extra ordinary jurisdiction on the grounds firstly, that there was suppression of fact and secondly, that NOC was granted to the height upto 9 feet and construction put up was upto 18 feet and that clearly was in contravention of the NOC. The petitioner against the said order approached the Hon’ble Supreme Court by filing Special Leave Petition. The said Special Leave Petition was withdrawn. The order reads as under: “Counsel for the petitioner seeks permission to withdraw the special leave petition with liberty to approach the High Court for 2 appropriate relief. Permission granted. The special leave petition is dismissed as withdrawn." After hearing the learned Counsel on behalf of the petitioner, the learned Counsel sets out that the old existing structure was of 18 feet, Show cause notice was issued not in respect of existing structure, but in respect of structure, put up pursuant to NOC where permission was given for putting up structure of 9 feet instead of structure was put up of 18 feet. This being purely findings of fact recorded by this Court no review will lie. In the light of above, relief as prayed for in the present motion would not be available as no review would lie merely on a finding of fact. 2 Motion is accordingly dismissed. (F.I. REBELLO J.) ( A. A. SAYED, J.)