- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 23.02.2006 passed by the High Court of Judicature at Bombay in Writ Petition No. 2841 of 2005 whereby the High Court while allowing the writ petition directed the Municipal Corporation to demolish the entire illegal and unauthorized construction carried on by respondent Nos. 3-17 on entire CTS No. 206, 206(1 to 9), Kurla Part-IV, New Mill Road, Kurla (W), Mumbai.
(3.) The short facts leading to the filing of the above appeal as stated in the S.L.P. are as under:- Shri Fernandes and others (hereinafter referred to as Original owners) owned a plot of land bearing C.T.S. No.206 and 206/1 to 9 and CTS No.212 and 212/1 to 4, N.A. Survey No.764 & 768, of Village/Taluka, Kurla, Mumbai, Suburban District, consisting of two bungalows and one chawl of 8 tenements. It is to be noted that there is only one entrance to the property from A.H. Wadia Marg (New Mill Road) through a strip of land about 12 feet wide (hereinafter referred to as 'access road'). The tenants/occupants used the said access road to access their respective premises, including the writ petitioner before the High Court (Respondent No.1 herein), who was a tenant of chawl no.523/7 of C.T.S no 1 to 9 in the aforesaid property.;