1. Heard Mr. Chandrachood for the Appellant and Mr. Kulkarni for the Respondent.

2. Mr. Kulkarni requested that instead of admitting the Appeal and keeping it pending, the Second Appeal should be immediately taken up for final hearing and in view of this specific request and with the consent of the Advocate for the Appellant - Mr. Chandrachood, the Second Appeal is taken up for final hearing.

3. In the year 1969, the property of the Appellant was not included in the Pune Municipal Corporation limits. It is the case of the Appellant that it has constructed a compound wall in the year 1969. The PMC limits were extended in the year 1997 and the property was included within the PMC limits. On 3.4.2001, a notice under Section 478 of the BPMC Act, 1949 was issued calling upon the Appellant to demolish the said compound wall. The Appellant filed RCS No. 555/2001 in the Court of learned C.J. J.D., Pune for declaration and permanent injunction for challenging the said notice. A temporary injunction was granted but pending the suit the Corporation demolished the wall on 10th April, 2001. It is an admitted position that the Appellant has thereafter again constructed the compound wal