SHALINI PHANSALKAR-JOSHI,J. - (1.) This appeal is preferred challenging the order dated 30.07.2016 passed by the City Civil Court, Dindoshi, Mumbai in Draft Notice of Motion filed in L.C. Suit No. 2039 of 2016 thereby rejecting the ad interim relief of injunction as claimed by the appellant herein to restrain the respondents-Municipal Corporation from taking any action in pursuance to the notice issued under Section 351 of the MMC Act dated 16.04.2016 and the order dated 12.07.2016 passed thereon by the Designated Officer.
(2.) It is the contention of the appellant that he is the occupant of temporary structure consisting of Gala Nos.7 and 8 situated at Chandu Studio Compound, Kalina Kurla Road, Kalina, Santacruz East, Mumbai-400 029. He had taken the said structure on rent by virtue of the tenancy agreement dated 15.05.1962 since then he is in possession and occupation of the said structure. Therefore, his possession is even much prior to the datum line and hence the structure is entitled for protection in view of the policy of the State Government. However, on 16.04.2016, he received the notice from Corporation under Section 351 of the MMC Act calling upon him to demolish the structure mentioned therein, namely, unauthorized vertical extension to the existing ground floor structure made up with B.M. Walls, Ladi-Coba-Ladi Slab and A.C. Sheet roofing etc. admeasuring 8.3 m x 12.50 m and height 6.6 m.
(3.) On the receipt of this notice, the appellant approached the Trial Court and sought relief of interim injunction. It is submitted by the learned counsel for the appellant that the Trial Court has, however, rejected the same on the count that there were no documents on record to show that the construction is legal and authorised. As per learned counsel for the appellant, it was incumbent on the Trial Court to consider the tenancy agreement which described the structures as existing since prior to the year 1962 and, therefore, the impugned order as passed by the Trial Court rejecting the ad interim relief of injunction needs to be quashed and set aside.;