1 wp-1354 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1354 of 2010 Arumugam Muttukumar Periar .. .. Petitioner v/s. Municipal Corporation of Gr.Mumbai & anr. ..Respondents Mr.B.G. Vaidya for Plff. Ms.Trupti Puranik for Respondents. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 2nd August, 2010 P.C. : 1.The Petitioner claims to be the owner of an open land of 2500 sq. feet on Survey No.462, CTS No.244 of village Malad. The Petitioner claims to have had one structure on the said land. The structure is not shown to have been authorised. That structure has been demolished by the Mumbai Municipal Corporation (MMC). The Petitioner challenged the demolition in a suit filed in the Bombay City Civil Court, Dindoshi Branch at Mumbai being Suit No.2840 of 2007. The suit has been dismissed. The Petitioner claims that it was not dismissed on merits but dismissed as it was delayed and as it was not maintainable for want of statutory Notice under Section 527 of the MMC Act. The movables of the 2 wp-1354 Petitioner are stated to be kept in the open. The Petitioner has produced a photograph of his structure. That is the photograph prior to the demolition. It does not show the position of the Petitioner s movables after demolition. 2.Be that as it may, the Petitioner applied to the MMC for permission to construct an awning on the open space during the period of the monsoon. The permission has not been granted. Hence, the Petitioner has applied for a writ of mandamus in that behalf. 3.Mr.Vaidya on behalf of the Petitioner contends that the Petitioner s structure has been illegally demolished and his goods are lying in the open in the monsoon. Hence, the Respondents must allow the Petitioner to construct an awning because an Appeal has been filed against the order of dismissal of the suit. 4.The application for awning to be constructed over an open space is completely lacking bona fides. That application is made for permission to be granted under Regulation 65(i) of the Development Control Regulations for Greater Mumbai, 1991 (DC Regulations) as a temporary construction. The aforesaid regulation deals with permission to be granted for a period of 6 months at a time or up to 3 years inter alia for structures 3 wp-1354 for protection from the rain or covering on terraces during the monsoon only. An awning is an extension to a structure already constructed for the protection of the structure. The awning gives a protection against the rain to the structure which is of the party who applies for permission. The permission would be granted upon certain conditions. This is the case of the Petitioner who has no structure whatsoever. An awning is by itself not an independent structure. It has to be constructed upon a structure or upon posts. Consequently, the MMC cannot be directed to grant permission to the Petitioner, he having not made out a case for construction of awning upon his structure for protection of his structure against rain. 5.The application of the Petitioner is misconceived and the Petition is completely without merits. Hence, the Petition is dismissed. (SMT.ROSHAN DALVI, J.)