ORDER

1. The appellant is the owner of a building which is a lodging house constructed sometime in the year 1981. Respondent 1 filed a writ petition inter alia contending that this building was constructed in a residential area and the Corporation could not have given permission to construct a commercial building in a residential area. The second contention was that the existing bye-laws were violated. When no action was taken by the Corporation, Respondent 1 filed a writ petition.

2. The Single Judge dismissed the writ petition. When the Division Bench heard the appeal, it was brought to its notice that in 1984 there had been a change in the zoning regulations of the building bye-laws. A report from the Commissioner was called for and it was accepted by the Division Bench, on the basis of the said report, that the property in question now fell in the commercial zone and was no longer in the residential zone. The High Court then issued the following directions:

"....We, therefore, direct the Commissioner of the Corporation to examine whether the building erected by Respondent 2 is in accordance with the present zoning regulations and the building bye-laws. He shall do so after gi