JUDGMENT :

1. Plaintiffs in Long Cause Suit No.749 of 2020 have preferred this appeal against the order dated 22nd September, 2020 passed in the Draft Notice of Motion by the learned Judge, City Civil Court, (Borivali Division), Dindoshi, Goregaon, Mumbai inter-alia refusing to restrain the Corporation from executing/enforcing notice issued under Section 354A of the Mumbai Municipal Corporation Act (“MMC Act” for short).

2. In the subject suit, plaintiffs have challenged validity of the notice issued under Section 354-A of the MMC Act and the order passed by the Designated Officer dated 27th-29th July, 2020.

FACTS:

3. That upon receiving the complaint RC/009/22/07/2020/154, Officer of the Respondent- Corporation visited suit premises on 22nd July, 2020. He found ongoing unauthorised construction of independent structure (not extention of existing structure) with brick masonary wall and AC sheet roof admeasuring 13.10 mtrs X (4.25+5.8)/2 metres with average height of (3.0+3.6)/ 2 metres, at Gorai Macchi Mar Sahakari Sanstha Limited, Borivali (West), Mumbai 91. Officer enquired about the permission for said ongoing construction but the plaintiffs could not produce the same. Thereupon, Of