Riyaz I. Chagla, J.

1. The Petitioners by the present Petition are seeking a direction against Respondent Nos. 2, 3 and 5 to carry out their statutory duties and to remove the encroachment and the unauthorised constructions carried out by the Respondent No.4 on the land belonging to Respondent No.1.

2. The Petitioner No.1 is the owner of the building situated on CTS No. 183, Hissa No.2 (Part) Rokadia Lane House, Borivali (W), Mumbai. Abutting to the boundary wall of the Petitioner No.1 building is the subject land viz. CTS No.2460 belonging to the Respondent No.1. It is the Petitioners case that a group of persons formed the Rokadia Land Welfare Association which is the Respondent No.4 herein. Initially, Respondent No.4 was using a small part of the subject land for celebrating Ganpati Pooja celebrations. It is claimed that Respondent No.4 has encroached into the open land and constructed a temporary structure by using the wall of the Petitioners building as a support. The Petitioner No.1 is aggrieved by the structure as it is causing a nuisance to the members of the Petitioner No.1 as well as obstructing light and ventilation to the occupants of the Petitioner No.1 buildin