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 submitted any proof in reply to the show-cause notice, Municipal Corporation of Greater Mumbai (briefly 'Municipal Corporation' hereinafter) would proceed to demolish the unauthorized construction carried out by the petitioner and the two others at their risk and cost.

5. Basic grievance of the petitioner pertained to demolition of the scheduled property which it was contended was arbitrary, illegal and extremely high-handed being in violation of the principles of natural justice and fair-play as well as the material facts on record.

6. Case of the petitioner is that prior to 10.07.1994 M/s. Standard Grinding Mills was in lawful possession and occupation of a structure admeasuring 122' x 29' 6" approximately as well as other structures situated at C.S. No. 503 Ashok Silk Mills Compound (property of M/s. Shah Construction Company), Rohidas Marg, Dharavi, Mumbai. The said M/s. Standard Grinding Mills is an old factory dealing in stone grinding etc. The structure admeasuring 122' x 29' 6" (referred to hereinafter as 'the said structure') formed part of the vast properties of M/s. Standard Grinding Mills. The said structure was primarily used as a godown. It is stated that the said structure was assessed to municipal taxes from prior to the year 1961. Be that as it may, M/s. Standard Grinding Mills was closed for the last 15 years.

7. Three lease agreements were entered into between M/s. Standard Grinding Mills (lessor) and the petitioner (lessee). As per agreement dated 10.07.1994, the lessor leased out a shed admeasuring 28' x 45', an old structure forming part of the larger godowns, to the lessee on the terms and conditions mentioned therein. By the agreement dated 20.07.1994, the lessor leased out to the lessee a shed admeasuring 50' x 28', an old structure forming part of the larger godowns, as per terms and conditions mentioned in the said agreement. In the like manner, an agreement dated 09.01.1995 was entered into between the said two parties whereby and whereunder the lessor leased out to the lessee a shed admeasuring 29' x 28', an old structure forming part of the larger godowns, as per terms and conditions mentioned in the said agreement.

8. It is stated that the above three structures were adjacent to each other, forming part of one whole.

9. Petitioner has come to know that prior to July, 1994 M/s. Standard Grinding Mills wanted to lease out the said structures to one Smt. Chhaya B. Mane and in this connection an agreement was entered into between the two. However, the said deal did not materialize and the agreement signed between the two was cancelled.

10. In the month of July, 1994 (to be precise on 20.07.1994), the Ward Officer, G/North Ward in the office of the Municipal Corporation had issued a notice under Section 354 of the Bombay Municipal