((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1646 OF 2008 Saffan Abdul Sattar Patel Petitioners and others versus Mumbai Municipal Corpn. & ors. Respondents Mr.M.M.Vashi for petitioner. Mrs.P.A.Purandhare for respondent no.1. CORAM : F.I.REBELLO AND A.A.KUMBHAKONI, JJ. DATE : 16th October 2008 PC : 1. It is the contention of the petitioners that their structures have been partly demolished. It is their contention that the structures were on private land and the respondents have proceeded on the footing that it was on the Collector’s land. It is further submitted that the structures are rendered partly open on account of part demolition thereof and though they have applied to respondent no.1, no permission has been granted to put a wall for closing the open structures. It is secondly contended that no compensation has been paid to the petitioners for demolition of part of structures and thirdly it is submitted that petitioners’ structure should not be demolished without following due ((-2-)) procedure as the structures are on private land. 2. In our view, insofar as first submission is concerned, it will be open to the petitioners to apply to respondent no.1, if they have already not applied. Respondent no.1 thereafter to consider the application in accordance with law and dispose off the same according to law. 3. Insofar as second submission is concerned, it raises disputed question of facts, therefore, it is not possible for this Court to go into the same in its extraordinary jurisdiction. 4. Insofar as third submission is concerned, it will not be possible for us in the absence of any cause of action to grant the relief as prayed for. The law by now is well settled that the public authorities cannot proceed without following due procedure of law and further based on mere apprehension. 5. With the above observation the petition is disposed off accordingly. ((-3-)) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.)