Shalini Phansalkar Joshi, J.

1. Rule. Rule made returnable forthwith. Heard finally, by consent of the parties.

2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the Notice dated 1st March, 2016 issued by the Respondent-Municipal Corporation under Section 55(1) of the Maharashtra Regional and Town Planning Act, 1966 (MRTP Act) and the consequent order dated 8th April, 2017 passed by Respondent No.1-the Designated Officer, Assistant Engineer (Building & Factory) of Mumbai Municipal Corporation for demolition of the subject structure.

3. The Petitioner claims himself to be the owner and in possession of the premises ad-measuring about 160 sq.ft. on ground floor adjoining to the building known as “Mahavir Mansion” situated at then 116/126 and now Building No.122B of Kika Street, Gulalwadi, Mumbai.

4. According to the Petitioner, he is carrying the business of Tea, Cold-drinks, Mineral Water etc in the said premises under the name and style as “Shreesha Tea Shop” since the year 1991. According to him, the structure is in existence since prior to 1961. It was purchased by virtue of an oral agreement by the Petitioner from