Riyaz I. Chagla, J.

1. The Petitioners by this Petition filed under Articles 226 and 227 of the Constitution of India are seeking recognition as occupants in accordance with Development control Regulations, 1991 (“DCR”) 33 (7) in Plot No. CS 54 (Part) of G/South Ward, Lower Parel Division, Worli, Mumbai (for short “the said plot”) on ownership basis in the building of the Municipal Corporation constructed on the said plot. The Petitioners have also sought quashing and setting aside of the directions passed in the order dated 15th May 2000 issued by the Chief Engineer, Sewage Operation, Respondent No.3 herein by which the Petitioners were directed to vacate their present accommodation and shift to allotted flats in the new building on leave and licence basis. The Petitioners have further sought consequential relief in this Petition.

A brief background of facts are necessary.

2. The Petitioners are employees of the Municipal Corporation of Greater Mumbai ( for short referred to herein as “Municipal Corporation”) working in their official capacities as superior staff which include Junior Engineer, Sub-Engineer, Assistant Engineer and Deputy Chief Engineer etc. The Petitioners w