jpc wp9075-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9075 OF 2011 Mahavir Enterprises ... Petitioner Versus Thane Municipal corporation ... Respondent Mr. R. S. Datar for the petitioner Mr. N. R. Bubna for the respondent CORAM: R. M. SAVANT, J. DATED : 11th November, 2011 P.C. : 1. There is concurrent finding recorded against the petitioner, who is original complainant, in so far as grant of temporary injunction against the action of the respondent Municipal Corporation of demolition. Structure in question had been constructed beyond the plan which was sanctioned in the year 1968 and on that ground the structure was demolished earlier in the year 2009. However, in view of the fact that after the said demolition the structure was re-constructed, a fresh notice came to be issued by the respondent Corporation on 22nd October, 2009 to the petitioner, resulting in the petitioner filing Special Civil Suit No. 360 of 2010 impugning the said notice. In the jpc wp9075-11.sxw 2 said suit, an application for temporary injunction came to be filed, which was rejected by the trial Court by order dated 7/11/2010; against which the petitioner filed Misc. Appeal No. 7 of 2011, which came to be dismissed by an order dated 10th October, 2011. 2. Both the Courts below, considering the antecedent fact of the earlier Suit filed by the petitioner being Special Civil Suit No. 808 of 2009 being dismissed, as also considering the fact that the case of deemed permission having been concluded against the landlord and the petitioner held that no case for grant of any relief has been made out. 3. Having perused the reasons mentioned by both the Courts below, in my view, they do not warrant any interdiction at the hands of this Court under Article 227 of the Constitution of India. Writ petition is accordingly dismissed. However, the Municipal Corporation may stay its hand for a period of two weeks from today to enable the petitioner to approach the Corporation by way of an application. The Corporation would be free, if it so chooses to take action in terms of the notice as it deems fit notwithstanding the application of the petitioner. (R. M. SAVANT, J.)