S.K. CONSTRUCTIONS CO Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Pending suit instituted by the appellants, learned trial Court vide order dtd. 12/11/2020, declined to restrain the Corporation, from taking coercive steps concerning Suit Structure, in pursuance of the notice dtd. 11/3/2020 issued under Sec. 354A of the Mumbai Municipal Corporation Act, 1888. That order is challenged in this Appeal From Order under Order 43 Rule 1(r) read with 104 of the Code of Civil Procedure, 1908.

(2.) Heard learned counsel appearing for the respective parties.

(3.) Question that falls for consideration is, whether notice structure qualifies for protection, as per Municipal Policy of protecting the structures, which were constructed prior to datum line, i.e., 1/4/1962.