1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2495 OF 2004 Dist.: NASHIK Mohanlal Ramchandra Sharma ...Petitioner Versus The Malegaon Municipal Corporation & Ors. ... Respondents Mr. A.R. Shaikh for the Petitioner Mr. C.J. Sawant, Senior Advocate, i/by Mr. S.M. Sabrad for Respondent No. 1 Mr. N.R. Bubna for Respondents No. 2 to 7. CORAM: B ILAL NAZKI and S.S. SHINDE, JJ. DATE: JUNE 11, 2008 P. C.:- The petitioner has filed this petition, seeking a direction to the respondents to demolish the existing structure standing on Final Plot No.7 in Town Planning Scheme No.1, situate at Survey No.312, Sangameshwar Ward at Malegaon, District Nashik. He has made this prayer on the ground that construction has been made without obtaining the necessary permission. 2. A statement has been made at the Bar that this construction 2 has been removed, and the learned counsel for the petitioner also accepts that the illegal construction has been removed by the respondents. 3. Another prayer is that respondent No.1 should be directed to cancel the lease granted by respondent No. 2 to respondents No. 3 to 7 on the ground that the said plot has to be used as open space, according to the Master Plan. 4. The learned counsel for respondents No. 2 to 7 submits that the structure, which was constructed, was not an illegal structure. This Court has not gone into the question of legality or illegality. When the petitioner alleged that the structure was illegally constructed, the Municipal Corporation acted on its own, according to law, and demolished the structure. 5. Whether a lease should be granted for an open plot or not will be question which respondents No. 1 and 2 may decide, and we do not propose to decide this question in this Writ Petition. Since the main relief is already granted to the petitioner, therefore, the Writ Petition is accordingly disposed of. 3 BILAL NAZKI, J. S.S. SHINDE, J.