ORDER

1. LEAVE GRANTED.

2. THIS APPEAL HAS BEEN PREFERRED FROM AN INTERIM ORDER ARISING OUT OF A SUIT FILED BY RESPONDENT 1 AND OTHER OCCUPANTS OF A PARTICULAR BUILDING IN VADODARA. PRIOR TO THE FILING OF THE SUIT, IN 2002, A NOTICE HAD BEEN ISSUED BY THE RESPONDENT MUNICIPAL CORPORATION UNDER SECTION 260 OF THE BOMBAY PROVINCIAL MUNICIPAL CORPORATION ACT, 1949 (FOR SHORT "THE ACT") TO THE F APPELLANTS CALLING UPON THEM TO SHOW CAUSE WHY PROCEEDINGS FOR DEMOLITION, ETC. SHOULD NOT BE TAKEN AGAINST THE APPELLANTS FOR HAVING UNAUTHORISEDLY CONSTRUCTED STRUCTURES AND A ROOFTOP GARDEN ON THE BUILDING. ALTHOUGH THE APPELLANTS SUIT CHALLENGING THE NOTICE APPEARS TO BE PENDING, THE APPELLANT WAS UNSUCCESSFUL IN GETTING ANY INTERIM ORDER RESTRAINING THE MUNICIPAL CORPORATION FROM TAKING STEPS PURSUANT TO THE IMPUGNED NOTICE UNDER SECTION 9 260 OF THE ACT.

3. A SEPARATE SUIT WAS FILED BY RESPONDENT 1 AND OTHER OCCUPANTS OF THE PREMISES RAISING A GRIEVANCE THAT THE RESPONDENT CORPORATION WAS NOT TAKING STEPS PURSUANT TO THE NOTICE ISSUED UNDER SECTION 260 OF THE ACT. THEY PRAYED FOR REMOVAL OF THE UNAUTHORISED GARDEN ON THE ROOF. THE TRIAL COURT REFUSED TO GRANT ANY INTERIM RELIEF TO RESPOND