IN THE COURT OF JUDGE, CITY CIVIL COURT AT BOMBAY S.C. ...

23SC Suit No. 2572 of 200524. The evidence of defendant consists of testimony of SatishMhatre, Sub­Engineer at Exh.57. The witness deposed that onreceipt of complaint from Mr.Majid Oomarbhai, he visited thesuit site at Soona Mahal alongwith P.S. Kokate, AssistantEngineer, P.S. Makhija, Sub Engineer and detectedunauthorized construction of shed with G.I. Sheets incompulsory open space with wooden­cum­glass panels. Healso found change of use of garages to kitchen/store/staffdining. He therefore, made inquiry with the staff members butthey were unable to produce any document of authorization.Hence, he put his inspection report Exh.59 before AssistantMunicipal Commissioner, who directed to issue notice toplaintiff u/sec. 351 of MMC Act for(1)unauthorizedconstruction of shed on M.S.Frame work with vertical M.S.Pipeembedded in the compound wall with G.I.Sheet covering ontop in compulsory open space of building known as SoonaMahal, alongwith wooden cum glass shutters and decorativefiber pillars between the roof and compound wall been used asRestaurant, (2) unauthorized change of user from garage No.(1to 5) to restaurant, kitchen/staff dining/service area withinternal alteration as shown in the notice sketch. The saidnotice was served upon plaintiff on 11.5.2005. The plaintiffreplied the notice and after considering the reply, AssistantCommissioner passed the impugned order.25. In the cross­examination, this witness admitted that they