M S SONAK,J. - (1.)Heard Ms Bushra Sayed a/w Ms Trupti Gaikar i/by Mr Devendra Mishra, learned counsel for the Petitioner, Mr Anil Sakhare learned Senior Counsel a/w Ms Sujata Puri i/by Mr. S. K. Sonawane for Respondent Nos. 1 to 3 and 6 ("BMC and BMC officials) and Mr. Himanshu Takke, learned AGP for the Respondents - State.
(2.)The Petitioner was the occupant of a 400 sq. ft. commercial premises situated at Opp. Gold Star Apartment, CST Road, Kalina, Santacruz (East), Mumbai -400 098 on the land bearing CTS No.7246 (E) of village Kolekalyan, Taluka Andheri, Mumbai Suburban District ("the said premises").
(3.)The Petitioner has pleaded that on 10/4/2003, the BMC issued a notice under Sec. 314 of the Mumbai Municipal Corporation Act, 1888 ("the MMC Act") for the demolition of the said premises. After the Petitioner instituted Writ Petition No.2209 of 2014 challenging the notice dtd. 10/3/2013 under Sec. 314 of the MMC Act, the BMC did not act on this notice.