JUDGMENT : (K.K. TATED, J)

1. In the present appeals, the appellants-original petitioners challenge common order dated 4.8.2008 passed by the Single Judge dismissing the appellant’s Writ Petition. The appellant-original petitioner filed Writ Petition under Article 226 of the Constitution of India challenging Notice under Section 55 of the Maharashtra Regional Town Planning Act, 1966 hereinafter referred to as M.R.T.P. Act (for brevity sake) issued by the Assistant Commissioner, H/East Municipal Corporation, Greater Mumbai in respect of unauthorized construction being adjacent to the building No.1, Tata Colony, B.K. Road, Bandra (E), Mumbai-51. It is the case of the appellant that he is in possession of the suit premises for the last several years and not only that Municipal Corporation granted them permission to repair the said suit construction. It is the case of the appellant that the suit construction is not of a temporary nature but the same is constructed of bricks and RCC structure. It is the case of the appellant that previously the respondent issued notice to the Secretary of building No.1. The said notice was challenged in Bombay City Civil Court by instituting the suit. In

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