A.S.OKA, RIYAZ I.CHAGLA
Asian Rubber Works – Appellant
Versus
Assistant Commissioner, R/South Ward, Municipal Corporation of Greater Mumbai – Respondent
A.S. Oka, J.
The grievance made in this petition under Article 226 of the Constitution of India is about the illegal demolition of the bungalow admeasuring 5,500 sq.ft. more particularly described in paragraph-2 of the petition. According to the case of the petitioner, the second respondent-Trust was the landlord of the petitioners. There is a challenge in this petition to a notice dated 6th June 2014 issued by the first respondent who is the Assistant Commissioner of the Mumbai Municipal Corporation in exercise of the powers under section 354 of the Mumbai Municipal Corporation Act, 1888 (for short “the said Act”).
2. The petitioners have referred to a decree passed by the Court of Small Causes at Mumbai in a suit filed by the second respondent. The decree is for possession of the bungalow described in paragraph-2 of the petition (for short “the subject bungalow”). The decree was passed on the grounds of bonafide requirement, nuisance and annoyance and acquisition of alternate accommodation. The said decree was challenged by the petitioners by preferring an appeal before the appellate Bench of the Small Causes Court. Though in the appeal preferred by the petitioners, the d
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