-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 41 OF 2008 IN W.P. NO.2148 OF 2007 Gaurang Jayendra Dholakia ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents And Vivek Housing Co-Operative Society Ltd. ..Applicant ... Mr.Y.R.Mishra Advocate for Applicant in support of Chamber Summons Mr.A.Y.Sakhare Senior Counsel with Ms.S.Modle Advocate for Respondent-B.M.C. Mr.U.D.Bhatt Advocate for Petitioner ... CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND CORAM: S.B.MHASE AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : FEBRUARY 25, 2008 DATE : FEBRUARY 25, 2008 DATE : FEBRUARY 25, 2008 P.C. P.C. P.C. 1. Heard. 2. By order dated 31.1.2008, we have already directed B.M.C. to conduct an inquiry into unauthorised construction and demolish the same in accordance with law. The present Chamber Summons has been taken out at the instance of the persons who have unauthorisedly constructed certain portions in the said building. The learned counsel for the Applicant submitted that this is a mercy application -2- and some protection should be given to the Applicant. He further submitted that he has nothing to submit on merits, however, he prays that protection should be given from the action of the B.M.C. Admittedly, there is nothing in the Chamber Summons to consider on merits. Chamber Summons is therefore, rejected. 3. We are also told that some persons in the building have approached City Civil Court and obtained protection. We are surprised to see that when we have given direction to the B.M.C. to take action against persons who have unauthorisedly constructed, as to how the City Civil Court has issued protection order in the teeth of order of this Court. However, it is for the Petitioner to bring it to the notice of the City Civil Court the order passed by this Court and to get the said order vacated. 4. Chamber Summons is hereby rejected. [SMT.V.K.TAHILRAMANI, J.] [ S.B.MHASE, J.] -3-