.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.109 2008 Hemlata D. Dhanwani. ..Petitioner. Versus Municipal Corporation of Greater Mumbai. ..Respondent. ... None for the petitioner. Ms.Shobha Ajeet Kumar, Advocate for respondent - M.C.G.M.. ... CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : 2ND MARCH, 2009. DATED : 2ND MARCH, 2009. DATED : 2ND MARCH, 2009. P.C.:- P.C.:- P.C.:- 1. Heard. None for the petitioner. 2. On 2nd February, 2009 this Court passed a very specific order directing the respondent to take a decision in the matter of a subject chimney, which according to the petitioner is causing nuisance. Accordingly the matter was heard on 9th February, 2009 by the Competent Authority and appropriate orders have been passed. Copy of the order dated 9th February, 2009, which is in the form of rozanama, is taken on record and marked "X" for identification. .{2}. 3. In view of this, we find that the grievance of the petitioner made before this Court does not survive. We make it clear that if M/s.Stomach II Restaurant, Sea Green Building, Seven Bunglows, Versova, Andheri (West), Versova do not fulfil the requirement of Environment Department then the respondent Municipal Corporation would take steps in accordance with law and get the objectionable Chimney removed, if the same is not in consonance with the Development Control Rules, Regulations and Building Bye-Laws, irrespective of the fact as to whether the Chimney is in existence from more than 15 years as observed in the order which came to be passed on 9th February, 2009, as there cannot be any easement in favour of a person to continue to commit illegality. With these observations, the Petition stands disposed of. [J.N.PATEL,J.] [J.N.PATEL,J.] [J.N.PATEL,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]