( 1 ) THE present petition has been preferred against the notice dated 27th October, 2006 (at Annexure "a" to the memo of the petition) issued by the respondent corporation under Section 212 of the bombay Provincial Municipal Corporations act, 1949 (for short "the Act of 1949"), i whereby the petitioner has been ordered by the respondent Corporation either to vacate the property or it will demolish the same as the construction is coming within "regular line of street", as prescribed under Section 210 (1) (a) of the Act of 1949.

( 2 ) AN important question has been raised by the learned counsel for the petitioner, for adjudication by this Court that :-

Whether it is obligatory on the part of the respondent Municipal Corporation of the city of Surat to follow the procedure under Section 210 (1) (b) of the Act of 1949 for prescribing regular line of street when for the first time, the said line is prescribed by the Corporation in consonance with finalised development plan (initially in the year 1986 an in (sic) revised in the year 2004) under the provisions of Gujarat Town planning and Urban Development Act, 1976 ?

( 3 ) IT is contended by the learned counsel for the pe