1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.2 OF 2009 IN APPEAL FROM ORDER NO.1304 OF 2008 Sayyed Baba Mohammed Navab Imammiya ..Petitioners & anr. V/s. The Municipal Corporation of Greater Mumbai ..Respondents & ors Mr.Shashipal Shankar, Advocate, for the petitioners Mr.A.R.Patil, Assistant Government Pleader, for the respondent Nos.2 & 3 CORAM : R.M.SAVANT, J. DATE : 2ND MAY, 2009 P.C. . The above Review Petition has been filed seeking review of the Order dated 5th January, 2009, passed in Appeal from Order No.1304 of 2008. The said Appeal from Order was directed against the Order dated 17th September, 2008, passed in the Contempt 2 Motion No.5491 of 2000 filed by the petitioners/plaintiffs by which Order the said Contempt Motion came to be dismissed by the learned Ad-hoc Additional Judge of the City Civil Court, Bombay. 2. The Review Petition is filed on the ground that in the Order in respect of which review is sought, it has been mentioned that the petitioners' structure was demolished pursuant to the Order passed in Public Interest Litigation No.478 of 2006 whereas the petitioners' structure was demolished on 24th October, 2000, and therefore, there is an error apparent on the face of the record. 3. On behalf of the respondents an Affidavit-in-reply has been filed wherein, it has been stated that though, the structure in question was demolished on 24th October, 2000, in view of the fact that the ad- interim order passed by the City Civil Court was not served upon the respondents and consequently the respondents were unaware of the said interim order. It is further avered in the said Affidavit-in-reply that after demolition the petitioners have again put up the said structure. It has further been avered that pursuant to the Order in Public Interest 3 Litigation No.478 of 2006, notice came to be issued to various persons including the petitioners above named and as hearing to the occupants of the structures was directed to be granted by a Division Bench of this Court in the said Public Interest Litigation No.478 of 2006. Hearing has taken place before the Additional Commissioner, Konkan Division and the orders pursuant to the said hearing are awaited. 4. Though, the order mentions that the structure has been demolished pursuant to the Order passed in Public Interest Litigation No.478 of 2006, the fact remains that the structure of the petitioners' was unauthorized and not protected by any policy of the State Government. It is also to be noted that though the structure was already demolished, the petitioners have re-erected the said structure resulting in notice being issued to the petitioners pursuant to the Order passed in Public Interest Litigation No.478 of 2006. In view of the fact that the petitioners' structure was not protected by any policy of the State Government and considering the conduct of the petitioners no relief can be granted to the petitioners in the above 4 Review Petition which is accordingly dismissed. (R.M.SAVANT, J.)