M. B. SHAH, C. J.

1. Heard the learned Counsel for the parties.

2. This group of Writ Petitions, has been referred to Division Bench by A. P. Shah, J. by order dated 11th October, 1995. In referring order it is observed that these matters are required to be decided with some priority because the Courts are virtually flooded with the demolition matters and there are conflicting views expressed by this Court in various decisions mentioned therein. It was also observed that unauthorized structures are mushrooming in this city every day and, therefore, it was stated that the matters may be decided with some priority.

3. Similarly, in Appeal from Order No. 477 of 1994, S. N. Variava, J. has also referred the matter to the Division Bench by observing that following question of law be decided by the Division Bench.

"Whether in the very Scheme of the provisions of Section 351 of the Bombay Municipal Corporation Act, it is obligatory on the Deputy Municipal Commissioner to give a personal or early hearing to the parties after notice under clause (a) of sub-section (1) of Section 351 is issued."

In that order also, the Court has observed that it is well known jn the city of Bombay that unaut