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7. It appears to us that the trial court has overlooked the provisions contained in the Act, rules, building regulations and the written statement filed by a public officer. It is required to be noted that no affidavit is filed by the engineer, architect or licensed engineer who have signed the maps in support of the say of the plaintiff that the work which was found by the Inspector and the Deputy Estate Officer was not as per the notice but was as per the plans approved.

8. In the written statement, it has been pointed out that the plaintiff was granted permission to construct ground floor and hollow plinth for parking purpose only. The plaintiff has carried out construction of walls by use of bricks and cement which is shown in red colour. The plaintiff has also covered the projection, porch and the gallery and by making substantial changes has carried out the construction of shops. The plaintiff has put up rolling shutters. The plaintiff has carried out construction outside the boundary of built up area and has also carried out construction in the margin and common area known as "Consolidated Open Plot" and thereby Consolidated open plot is reduced. No hollow plinth was found. Permission was granted to construct the first floor for residential units only. However, by making substantial changes, the shops have been constructed with shutters. Unauthorised construction is shown in red colour. It was also pointed out that the plaintiff has carried out construction in the terrace and the first floor and that construction is shown in red colour. It is also indicated that there were some occupiers in the shops and thus, unauthorised construction was permitted to be used without Building Use Permission being granted by the Corporation. It is specifically pointed out that the Deputy Estate Officer has issued a notice to the occupiers who were found in possession at that time. Mr. Chhaya, learned advocate appearing for the Corporation submitted that in all 6 occupiers as per the record of the Corporation were found and they were served with notices. They were also called to appear in person. However, they have not bothered even to file a reply to the show cause notice.