( 1 ) SHRI D. D. Vyas, learned counsel for the petitioners. Shri A. Y. Kogje, learned AGP for the respondents. The parties are finally heard.

( 2 ) SOMEWHERE in the year 1980, the petitioners could secure permission under the hands of the Collector under Section 65 of the Bombay Land Revenue Code, 1879 for raising residential construction on the plot in their possession. Even at this stage, it is to be noted that the petitioners had made joint application and had secured joint order in their favour. The plot in dispute was admeasuring 562 meters but the Collector granted permission to raise one single construction to the tune of 160. 60 sq. mts. The petitioners thereafter made separate applications to the Municipality for sanction of the plans, two separate permissions were sought and instead of one joint construction, two separate residential constructions were made. The total area, according to the respondents exceeded by 21. 90 meters. After learning about the fact, the Collector issued a notice dated 14. 8. 99 to each of the petitioner asking them to show cause as to why construction was made beyond the permission granted, the construction was illegal as the marg