vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.719 OF 2008 APPEAL FROM ORDER NO.719 OF 2008 APPEAL FROM ORDER NO.719 OF 2008 Maria Omar & Ors. ... Appellants V/s. Municipal Corporation of Greater Bombay ... Respondent Mr.Rohit Kapadia with Venkatesh Dhond for Appellants Mrs.Geeta Joglekar for Respondent CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JULY 24, 2008 JULY 24, 2008 JULY 24, 2008 P.C.: P.C.: P.C.: . The Appeal has been filed against an ad-interim order passed on 17.7.2008. This order has been passed in L.C. Suit NO.1317 of 2008. The suit which has been filed challenges the stop work notice issued against the appellants in respect of a construction which is completed upto the 7th floor on the basis of the IOD, CC and other relevant permissions which were granted by the Corporation and other authorities to the appellants. The learned Judge has refused ad-interim reliefs on the ground that the appellants had constructed an illegal construction. 2. After hearing the parties for some time, I find that prima facie it appears that the construction has been erected by the appellants based on all the : 2 : requisite permissions obtained from the Corporation. Some third party who was refused permission to construct on the same plot by the Corporation has complained to the Corporation, contending that the construction is unauthorised. The Corporation is now investigating that complaint. However, this does not mean that the prima facie authorised construction which is in progress should be stopped till the complaint is investigated. In the event, the Corporation finds that there is some truth in the complaint or that the permissions have wrongly been given to the appellants or that the construction is illegal, the Corporation can always initiate proceedings against the appellants for such illegal construction. Therefore, in my opinion, there is no need to stop the construction especially when admittedly it is being carried out on the basis of the permissions validly given by the Corporation. 3. Hence, the impugned order is set aside. The Corporation will not act on the notice issued under section 354A of the Mumbai Municipal Corporation Act until the investigation is complete and for a period of two weeks after the Corporation communicates the result of its investigation to the appellants. 4. Appeal is disposed of accordingly.