MANILAL BHIMASI SHAH Vs. STATE OF MAHARASHTRA MANTRALAYA, MUMBAI THROUGH GOVERNMENT PLEADER HIGH COURT ORIGINAL SIDE BOMBAY

JUDGEMENT

(1.) Rule. Rule is made returnable and heard forthwith.

(2.) The petitioners have challenged an order rejecting their application for regularization of the additional work carried out by them admittedly without the permission of the concerned authorities. As a result thereof, the notices under section 53(1) of the M.R.T.P. Act have been served upon the petitioners for the removal of the same. The notices have also been challenged.

(3.) Firstly, the notices state that the premises of the first floor have been used for commercial purposes, which is impermissible. This however is only partly correct. Mr.Reis, the learned senior counsel appearing on behalf of the petitioners pointed out that the B.M.C. by a communication dated 25.4.2003 permitted the petitioners to use the first floor as a data processing unit. It is however, important to note that the petitioners were not granted blanket permission to use the first floor premises for any commercial purpose. The permission expressly restricts the petitioners' use of the premises as a "data processing unit". Thus the petitioners can use the first floor only for the purpose of date processing and not for any other commercial activity. It is accordingly so ordered.