R.V. Raveendran, J. - (1.) These matters relate to certain alleged unauthorized structures put up in plot No. X, XI, XIIA later renumbered as Plot Nos. 7 to 10 of Palton Road Estate, Saboo Siddique Road, Mumbai - 40 bearing Cedestral Survey No. 14/1504 of Fort Division, Mumbai, belonging to the Central Works Public Department, Government of India. The said land, it is alleged, was leased to one Mohamedbhai Abdullabhai Moonim under lease-deed dated 6.7.1939. The said property was thereafter known as Moonim compound.
(2.) According to the petitioners, the said tenant - Mohamedbhai Abdullabhai Moonim, who was carrying on business therein under the name of M/s Abdullabhai Faizullabhai, assigned his business to M/s Abdullabhai Faizullabhai Private Ltd, a company promoted by him, in or about the year 1947; and the said company let out several portions thereof to different sub-tenants. It is alleged that Abdullabhai Faizullabhai Private Ltd assigned all its right, title, interest and claim in the said property to M/s Global Marketing, a partnership firm, under deed of assignment dated 21.9.2000, for a consideration of Rs. 18 Lakhs, on as is, where is basis subject to the condition that it shall be the sole responsibility of the assignee to obtain tenancy occupancy possessory rights of the assignor in respect of the said property and to continue to use and enjoy the said property on such terms and conditions that the CPWD may stipulate in that behalf.
(3.) It is alleged by the petitioners that Global Marketing obtained possession of various portions of Moonim Compound from the respective sub-tenants, made improvements/partitions in the existing old structures and then let out the same to different sub-tenants (who are the petitioners herein) in the year 2001-02. It is further alleged that the Municipal Corporation of Greater Mumbai (Brihan Mumbai Municipal Corporation, for short the Corporation) issued seven show cause notices dated 13.5.2003 followed by final orders dated 2.9.2003 under Section 351 of the Mumbai Municipal Corporation Act, 1888 (Act for short) to remove/pull down seven unauthorized and illegal structures in the said premises (Moonim Compound). The occupants of these seven structures filed seven suits (O.S. Nos.4344 to 4350/2003) in the City Civil Court, Mumbai and obtained a temporary injunction (by common order dated 25.11.2003) restraining the Corporation from taking action in pursuance of such notices. The seven appeals (A.O. Nos.1024 to 1030/2003) filed by the Corporation against the said order of temporary injunction were allowed by the Bombay High Court by common order dated 21/22.2.2005 and the temporary injunction was vacated. These petitions seeking special leave are filed against the said common order of the High Court. We will briefly refer to each case separately. SLP(c) No. 9479/2005 (from L.C. Suit No. 4345/2003/ A.O. No. 1025/2003) ;