4. wp 10080-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10080 OF 2011 Jessie Vaz .. Petitioner Vs Municipal Corporation of Mumbai & Anr .. Respondents Mr. G.K. Jadhav for the Petitioner Mr. M.M. Malvankar for Respondent No. 1 Mrs. M.P. Thakur, AGP for Respondent No. 2 CORAM : S.A. BOBDE & SMT. V.K. TAHILRAMANI, JJ DATE : 22nd NOVEMBER, 2011. P.C.: 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The petitioner has challenged the order dated 5th December, 2009 passed by the the Assistant Commissioner, R/North (Dahisar) Ward, Municipal Corporation of Greater Mumbai claiming protection of the structure allegedly purchased by him on 21st January, 1999. The Authority, after issuing notice and after hearing the petitioner, has given unequivocal finding that there is no evidence that the structure is prior to the datum line for tolerated residential structure i.e 17.04.1964. The 1 4. wp 10080-11.doc evidence relied upon by the petitioner such as water bill dated 18.08.2002 and electricity bill dated 14.02.2001 and photocopy of register issued by the Sub-Registrar, Mumbai dated 21.01.1999 in regard to the petitioner's alleged purchase deed does not help the petitioner's case. So also, N.A. Plan and receipt do not show the existence of the structure. The impugned order, thus, does not suffer from any error of law apparent on the face of the record. Writ Petition is accordingly dismissed. Rule discharged. [ SMT. V.K. TAHILRAMANI, J ] [ S.A. BOBDE, J ] 2 4. wp 10080-11.doc 3