Judgment

Ruma Pal, J.—Leave granted.

2. The appellant is the owner of Plot No. 2M/748 situated at M.L. Dhanukar Marg, Mumbai. On the plot, there is a bungalow, an out-house, cooling towers, a pump room, servants, quarters and a watchman’s room. The first appellant has let out the bungalow and the outhouse to the appellant No.2 for use as a guest house. On 16th November, 1999 a notice was issued to the appellants under Section 299 of the Mumbai Municipal Corporation Act, 1888, (hereinafter referred to as “the Act”) to the effect that the Corporation would take possession of “certain land not occupied by a building” forming part of the premises within the regular line of public street as prescribed by the Commissioner, under Section 299 of the Act..... together with its enclosing wall, hedge, or fence, if any, and any platform, verandah, step or other structure, which may be found upon the said land”. Notice was also given that if necessary the authority issuing the notice namely, the Deputy Municipal Commissioner (Zone-I), Greater Bombay, would “proceed to clear the building”.

3 Section 299 in so far as it is relevant is extracted verbatim below :-

“299. Acquisition of open land or of l