Nms 630.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION 630/2009 IN SUIT NO.3359/1986 Nusli N.Wadia & Ors. Plaintiffs Vs. S.S.Singade & Ors. Defendants Mr.S.B.Amin for Plaintiffs Mr.Satish Shah with Mahendra Rathod i/b Wasim Ansari for Deft.2 Mr.Sanjay Jain i/b Mr.L.J.Law for Deft.Nos.3 a to c and 4 a to 4-f Ms.Alisha Lambay i/b Lambay & Co.for deft.6 Mr.Anil Yadav i/b D.R.Shah for deft.1(a) CORAM : D.G. KARNIK, J. DATED :11th OCTOBER,2011. P.C. 1 This Notice of Motion is taken out by the plaintiff for permission to construct the compound wall of 5 feet height on the boundary of the suit land. 2 Section 44 of the MRTP Act provides that a person intending to carry out any development on the land shall make an application in writing to Planning Authority for permission to carry out any Nms 630.09 2 development. Counsel for the plaintiff states that no application under section 44 of the MRTP Act has been made by the plaintiff for carrying out construction of the compound wall. 3 In my view, erecting a compound wall amounts to carrying out development which cannot be done without prior permission. As the plaintiff has not even applied for obtaining the permission of the Planning Authority permission cannot be granted by the Court to carry out construction of compound wall. Notice of Motion is therefore, dismissed. (D.G. KARNIK,J.)