1 912 ao.172.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 172 OF 2011 Jaikishan Nenumal Kanjani. ... Appellant Versus Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. Anil Singh i/b Mr. D.R.Shah for the Appellant. Mrs. K.K.Soraan for the Respondent – BMC. ----- CORAM : A.S.OKA, J. DATE : 11 th March, 2011. P.C. 1 Heard the learned counsel appearing for the parties. Taken up for final disposal. 2 The suit is filed by the Appellant for injunction restraining the Respondent from demolishing the suit premises without following due process of law. On a notice of motion taken out by the Appellant, the learned Judge has passed the impugned order declining to grant ad- interim injunction. In paragraph No.3 of the impugned order, the learned Judge has observed that the Appellant is in possession of a Government land of which lease was granted for a period of 30 years on 4 th February, 2 912 ao.172.11 1980. Further, the learned Judge has observed that the premises occupied by the Appellant are required for road widening and therefore, it is necessary to give reasonable opportunity to the Respondent – Corporation to file a reply. 3 There is nothing on record as of today to show that any due process of law has been followed by the Respondent. Only on the grounds which are set out in the impugned order, there was no reason to deny a limited protection to the Appellant. Hence, the impugned order will have to be quashed and set aside. 4 Hence, I pass the following order. i. The impugned order dated 10 th February, 2011 is quashed and set aside ; ii. There will be ad-interim relief in terms of prayer clause (a) of the Notice of Motion till the disposal of the notice of motion. However, it is made clear that it will be open for the Respondent as well the State Government to adopt due process of law for dispossessing the Appellant and for preventing him from carrying on business ; iii. All contentions of the parties on merits are kept open ; iv. The Notice of Motion shall be decided as 3 912 ao.172.11 expeditiously as possible and preferably within a period of eight weeks from today ; v. The learned Judge shall not influenced by the impugned order as well as this order passed by this Court ; vi. Civil Application No. 254 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]