S.A. BOBDE, J.

1. Rule, returnable forthwith. Ms. Vidya Gharpure waives service for BMC. Heard finally by consent of the parties.

2. The petitioners have challenged the stop work notice issued by the respondent – Corporation in respect of the construction made by the petitioner in Khotachi Wadi, Girgaum. The undisputed facts are that petitioners are the owners of land bearing City Survey Nos. 577, 566 & 576 at Khotachi Wadi, Girgaum. The said property falls within the Heritage List Precinct Grade-III. The petitioners submitted a proposal for demolition and construction over these areas. The respondent – Corporation gave an IOD on 28/6/2006 and a Commencement Certificate on 3/8/2006. Acting thereon, the petitioners demolished the original building standing on Survey No. 566 and have constructed upto seven stories. Thereafter they sought to amalgamate Survey No.566 with Survey Nos.577 & 576 and applied for and were granted a composite NOC. The Municipal Commissioner approved the amalgamation on 16/10/2010 for construction of ground+18 storeyed structure.

3. Apparently, the Municipal Commissioner issued stop work notice on 1/12/2010 in respect of the petitioners’ structure