( 1 ) THE petitioner has brought to the notice of the Court the large scale illegal constructions carried out in Ulhasnagar Municipal Corporation areas.

( 2 ) BEFORE dealing with this case any further, we would like to recapitulate the law declared by the Apex Court.

( 3 ) IN (M. I. Builders Pvt. Ltd. v. Radhey Shyam Sahu and others), 1999 (6) s. C. C. 464. The Supreme Court, in para 73 at page 529, observed as follows:

"the High Court has directed dismantling of the whole project and for restoration of the park to its original condition. This Court in numerous decisions has held that no consideration should be shown to the builder or any other person where construction is unauthorised. The dicta is now almost bordering the rule of law. Stress was laid by the appellant and the prospective allottees of the shops to exercise judicial discretion in moulding the relief. Such a discretion cannot be exercised which encourages illegality or perpetuates an illegality. Unauthorised construction, if it is illegal and cannot be compounded, has to be demolished. There is no way out. Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice i