JUDGMENT :

Ujjal Bhuyan, J.

1. Heard Mr. Sanjiv Sawant along with Mr. H.S. Kadam instructed by Mr. Bipin Joshi, learned counsel for the petitioner; and Ms. Kiran Bagalia along with Mr. Musharaf Sheikh and Mr. R.Y. Sirsikar, learned counsel for respondent No. 1.

2. This old pending writ petition of the year 1995 has traversed much beyond the initial pleadings and reliefs sought for.

3. This is how the litigation unfolded.

4. Initially, in this petition filed under Article 226 of the Constitution of India, petitioner assailed the legality and validity of the show-cause notice dated 06.07.1995 issued by the Deputy Municipal Commissioner, Zone-II, Municipal Corporation of Greater Mumbai (earlier Bombay Municipal Corporation and then Municipal Corporation of Greater Bombay) under Section 351 of the Bombay Municipal Corporation Act, 1888 calling upon the petitioner and two others to show-cause as to why the scheduled structure should not be removed or pulled down as well as the consequential order dated 14.07.1995 passed by the said authority i.e., Deputy Municipal Commissioner, Zone-II of Municipal Corporation of Greater Mumbai informing the petitioner and two others that since they had not