Judgment (Per : Kamal Khata, J) :-

1) By this Writ Petition under article 226 of the Constitution of India, the Petitioners seek to quash and set aside seven impugned Notices dated 22nd December, 2022, as well as seven Speaking Orders dated 10th March, 2023, with respect to property situated at Bharat Coal Compound, Bail Bazar, Kurla West, Mumbai – 400070.

Brief facts.

2) The Petitioner No.1 is carrying on business in partnership from Bharat Coal Compound on land bearing Survey No.36, Hissa No.15, Old C.T.S. No.66 (Part) corresponding to new C.T.S. No.704 admeasuring 1340.70 square meters, bearing Survey No.36, Hissa No.16, C.T.S. No.66 (Part) admeasuring 432.33 square meters, aggregating to 1773.12 square meters, together with industrial shed admeasuring 13061 square feet on the ground floor of the building. The industrial shed originally consisted of 6 industrial galas which has been assessed to Municipal taxes prior to 1962. The Petitioners assert that, their premises constitute a tolerated structure existing prior to the datum line of 1st April 1962, for non-residential structures, as supported by Tikka Sheets and Brihanmumbai Municipal Corporation (‘BMC’) assessment records.

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