IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 1 OF 2006 APPLICATION NO. 1 OF 2006 APPLICATION NO. 1 OF 2006 IN IN IN PUBLIC PUBLIC PUBLIC INTEREST LITIGATION NO. 105 OF 2003 INTEREST LITIGATION NO. 105 OF 2003 INTEREST LITIGATION NO. 105 OF 2003 Mr. Tajen Madhavji Patel & Ors. ] .. Appellants Versus Hari Hotumal Tanwani & Ors. ] .. Respondents Mr.P.C. Kansara for the appellant. Mr. Aspi Chinoy with Mr. Shiraz Rustomjee - Amicus Curiae. Mr. H.H. Tanwani - respondent No.1 in person. Mr. C.J. Sawant, Senior Advocate, with Mr. V.D. Patil for respondent No.2 and 3. Mr. R.M. Sawant GP, with Mrs. J.S. Pawar, Addl.G.P. for the respondent No.4-State. CORAM: R.M. LODHA & ANOOP V. MOHTA, JJ. DATED: 12TH JANUARY, 2006 P.C. : 1. The application is wholly misconceived and rather an abuse of the process of Court. The entire building namely "Rahul Palace" constructed on Plot Nos.128, 129 and 130 Sheet No.86 near Bk.No.184, Ulhasnagar, is unauthorised and illegal. As a matter of : 2 : fact, the Ulhasnagar Municipal Corporation refused sanction and approval of building plan, but despite that the building "Rahul Palace" was constructed. 2. The application for regularisation dated 17th December 2005 made by the petitioners before the Commissioner, Ulhasnagar Municipal Corporation is misconceived and intended to overreach the orders dated 27th April, 2005, 23rd November, 2005 and 7th December, 2005. The entire building being unauthorised, the case of the petitioners does not fall in the category of cases for which liberty was granted in the order dated 7th December, 2005. 3. The application is rejected with costs of Rs.5,000/-. The order of status quo passed by the Vacation Bench on December 28, 2005 is vacated. 4. The Commissioner, Ulhasnagar Municipal Corporation shall now proceed with the demolition of the building "Rahul Palace". Sd/- [R.M. [R.M. [R.M. LODHA, J.] LODHA, J.] LODHA, J.] Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.] : 3 : [srpasha@hc]