Respondent 1 filed a writ petition inter alia companytending that this building was companystructed in a residential area and the Corporation companyld number have given permission to companystruct a companymercial building in a residential area.
If the Commissioner companyes to the companyclusion that the building or any portion thereof is number in companyformity with the existing zoning regulations and the building bye laws, he shall order the demolition of such offending portion so as to bring the building in companyformity with the existing law.
When the Division Bench heard the appeal, it was brought to its numberice that in 1984 there had been a change in the zoning regulations of the building bye laws.
When numberaction was taken by the Corporation, Respondent 1 filed a writ petition.
A report from the Commissioner was called for and it was accepted by the Division Bench, on the basis of the said report, that the property in question number fell in the companymercial zone and was to longer in the residential zone.
The Single Judge dismissed the writ petition.
The appellant is the owner of a building which is a lodging house companystructed sometime in the year 1981.
The second companytention was that the existing bye laws were violated.
He shall do so after giving an opportunity to Respondent 2 and the appellants herein.
