KAIZER Vs. MUNICIAPL CORPORATION OF BOMBAY

JUDGEMENT

(1.) ADMIT. Notice waived. By consent appeal taken on board for final orders.

(2.) THE Deputy Municipal Commissioner, Zone IV by order, dated 25-5-1991 in proceeding arising out of original notice issued under Section 351 Bombay Municipal Corporation Act by the Corporation to the appellants dated 11-7-1986 gave the following directions :

(3.) THEREAFTER on 14-6-1993 the appellants received a letter-cum-notice, from the office of the Deputy Municipal Commissioner, Zone IV that the hearing in the matter is fixed in the chamber of D. M. C. on 26-6-1993 and the appellants were called upon to remain present along with all the relevant proofs and documents. A copy of that communication was also sent to the present Respondent no. 2. The contents of the said letter cum notice have to be understood by reference to the Subject mentioned therein as-"unauthorised construction of mezzanine floor-L. C. Suit No. 820/89 ). That on the face of it gives the impression that the hearing was proposed to be held in connection with the original notice issued under Section 351 of the bombay Municipal Corporation Act dated 11-7-1986.