( 1 ) THIS is an appeal against the judgment of the learned single Judge, who had upheld the order passed by the municipal Commissioner of Ahmedabad, who had directed the removal of the unauthorised construction in the hotel, known as "shalin Hotel", which order had been passed pursuant to the notice issued under Section 260 (1) of the bombay Provincial Municipal Corporations Act, 1949.

( 2 ) THERE is no dispute that the building, as constructed and as in use as of today, is not in accordance with the building plans, which were passed in so far as the cellar or the basement is concerned. The basement was meant to provide for underground parking but this is not being done as of today. It was contended before the learned single Judge that in a number of other cases also, the parking area, shown in the basement, has been converted for other use, but no action has been taken. The learned single Judge has rightly held, after referring to numerous decisions of this Court and the Supreme court, that just because no action has been laken against any other wrongful act does not mean that the appellant should be absolved of complying with the law. In other words, Article 14