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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.

8. The Corporation challenged the said temporary injunction by filing an appeal before the Bombay High Court in A.O. No.1025/03. A learned Single Judge of the High Court, by judgment dated 21/22.2.2005 (passed in the said appeal and connected appeals) set aside the order of the temporary injunction granted by the City Civil Court and dismissed the notices of motion for temporary injunction. Leave is sought in this special leave petition [SLP(c) No. 9479/05] to challenge the said order.

10. The documents produced show that the Corporation had earlier issued a notice dated 21.10.1991, under section 351 to Abdul Samad carrying on business under the name of A to Z Auto Garage alleging that a L-shaped structure had been constructed in the Moonim compound (as shown in the sketch annexed to the notice). It showed that by using the compound wall as the support wall, and by fixing MS Poles parallel to the compound wall and using MS angle purlins and AC sheets and G.I. sheets, a structure (longer wing of the L-shaped structure measuring 18.15m X 4.25 m and shorter wing measuring 2.5m X 2.7 m with an average height of 3m) had been unauthorisedly constructed. The notice called upon Abdul Samad to show cause why it should not be pulled down. Abdul Samad filed a Long Cause Suit no. 8446/1991 in the City Civil Court, Bombay to restrain the Corporation from enforcing the said notice. On 5.11.1991, on a notice of motion moved by the said Abdul Samad, the City Civil Court granted an ex parte interim temporary injunction in the said suit restraining the Corporation from giving effect to the notice dated 21.10.1991. During pendency of the said suit, a final order dated 27.12.1996 was made by the Corporation in regard to the said unauthorized structure. Abdul Samad, by another notice of motion sought a temporary injunction, and the court by order dated 22.1.1997 granted another temporary injunction restraining the Corporation from taking any action in pursuance of the said notice dated 27.12.1996, subject to Abdul Samad filing an undertaking not to carry out any additional construction, alteration, or extension to the suit property. In view of the said temporary injunctions, the unauthorized structure could not be demolished by the Corporation. Subsequently, the said suit (LC Suit No. 8446/1991) was dismissed for non-prosecution on 10.12.1998. No attempt was made to revive the said suit and the dismissal became final. It would appear that Abdul Samad thereafter delivered possession to Global Marketing. It is also evident that between 2001-2002, Global Marketing either dismantled the said unauthorized construction (subject matter of notice dated 21.10.1991) and put up a new unauthorized structure in its place, or made extensive extensions/additions/alterations to the said unauthorized structure and converted it into 33 shops. It is in these circumstances, a fresh notice under section 351 of the Act was issued by the Corporation on 13.5.2003 followed by final order dated 2.9.2003.

12. The petitioners assert that the 33 small shops in their possession have been carved out of the existing structure wherein A to Z Auto Garage was run. In para 15 of the plaint, the petitioners alleged that 'the structure mentioned in the notice issued in the year 1991 and the suit structure which is the subject matter of the impugned notice and present suit are one and the same.' There was already an order for demolition of the said structure by the Corporation in pursuance of the notices dated 21.10.1991 issued under section 351 of the Act. The challenge thereto in LC Suit No. 8446/1991 having ended in dismissal, the said order for demolition became final. The structure could not be demolished in pursuance of the earlier notice, on account of the pendency of L.S. Suit No.8446/1991 and the orders of temporary injunction granted therein. When the suit was dismissed and when it was found that the said structure has been either extended or replaced by a new structure, action was rightly taken by the Corporation, by issuing the notice dated 13.5.2003 followed by trial order dated 2.9.2003. Admittedly, no plan was sanctioned in regard to the structure. No document is produced to show that the structure in question existed prior to or on the datum line 1.4.1962. The documents produced only show that a temporary shed was unauthorisedly put up in the year 1991 and the order for its demolition has become final. The High Court was, therefore, justified in vacating the temporary injunction.