NELSON WANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal the original plaintiff has challenged the order dated 9.9.1997 whereby the ld. Judge dismissed the notice of motion taken out by the plaintiff. The notice of motion, sought injunction against the defendants i.e. State and the Municipal Corporation of Greater Bombay from implementing the orders dated 15.3.1994 and 24.8.1994 passed by the Municipal Commissioner and by the State of Maharashtra in appeal respectively. The specific relief was for restraining the Corporation from taking any steps to demolish the suit premises or part thereof or preventing the plaintiff from carrying on his business of restaurant by name China Garden and Piano Bar in the suit premises.

(2.) WE find it unnecessary to refer to the chequered history of this matter. Suffice it to say that this litigation has exercised several courts during the last 12 years and several proceedings were taken with a view to avoid demolition of the illegal construction. The plaintiff ultimately has failed to obtain final orders preventing the Corporation from demolishing the unauthorized structure. After several proceedings in several courts, the Municipal Commissioner passed an order dated 15.3.1994 declining to regularize the unauthorized construction. The said order was confirmed by the State Government by order dated 24.8.1994 in appeal which was preferred under the provisions of section 47 of the Maharashtra Regional and Town Planning Act. These two orders are challenged by the present plaintiff by filing a suit on the Original Side of this court being suit no.3585 of 1994 and in the said suit the present notice of motion has been taken out for the reliefs to which we have already made a reference.

(3.) IN this appeal we have heard Shri Janak Dwarkadas, learned counsel for the appellant original plaintiff, Shri K.K.Singhavi learned counsel for the Municipal Corporation and Shri Shah, learned counsel for the State.