JUDGMENT

1. The petitioners whose illegal construction is questioned by the Municipal Corporation and now sought to be demolished, are before the Court assailing the notice dated 22nd November 2019 issued by the respondent Kalyan-Dombivali Municipal Corporation (for short 'the Corporation'). By such notice issued under Section 478 of the Maharashtra Municipal Corporation Act, 1949 (for short 'the MMC Act'), the petitioners are called upon to remove the illegal construction within a period of thirty days from the said notice.

2. The case of the petitioners is that they are in occupation of the land and the structure prior to the establishment of the Municipal Corporation for more than 35 to 40 years as also they are paying municipal taxes. The petitioners have contended that in the year 2012 notices were received by the petitioner for road widening and demolition of their structure. The Municipal Corporation had also undertaken demolition of some portion of their houses and shops. The petitioners have contended that at such point of time the Municipal Corporation had made oral assurances to the petitioners that the Municipal Corporation will grant extra F.S.I, and T.D.R. in lieu of co