1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1353 OF 2009 Shri Ganesh Jyoti Welfare Association Ltd., .. Petitioner. V/s. The Assistant Commissioner, Mumbai & Ors. .. Respondents. --- Mr. Sudhir V. Sadavarte for the Petitioner. Ms. S.A. Module for the BMC. ----- CORAM : F.I. REBELLO AND C.L.PANGARKAR, JJ. DATED : 18TH JANUARY, 2010 P.C. : 1. The Petitioner has approached this court to challenge the order dated 08.05.2009, whereby the permission granted to the Petitioner on 28.01.2009 has been withdrawn. It is the case of the Respondents that they had permitted the Petitioner to re-construct the structure and the height was limited to 9 feet. The Petitioner, however, increased the height upto 18 feet. 2. Though the Petitioner has annexed the show cause notice, they have not annexed alongwith it the map which was subject matter for approval. In other words, the said document has been 2 deliberately suppressed from this court. According to the learned counsel appearing for the Petitioner they were not aware of the same but came to know for the first time when the second notice was issued on 28.01.2009 to which they have filed their reply on 11.04.2009, contending that the height was increased upto 18 feet as per the permission granted. Considering NOC granted for the height upto 9 feet, the construction put up by the petitioner was clearly in contravention of the N.O.C and hence the Respondents are within their right to withdraw the N.O.C.. We are of the opinion that the petitioner has suppressed the plan which was communicated alongwith the N.O.C.. In the light of this, the Petition is rejected. 3. The learned counsel for the petitioner prays for interim relief. We find that this is not a fit case to continue the interim relief. Hence, the same is rejected. (C.L. PANGARKAR,J.) (F.I. REBELLO,J.)