``The time must have been given to vacate the furniture so that it is not destroyed,'' said Nalinakshan, who appeared quite happy after the Supreme Court ruling. He added that as the basement was being used, the owner would have to fill it up and demolish the remaining illegal portions. Hoping the dismantling of the premier restaurant would start tomorrow, Nalinakshan assured he would personally inspect the restaurant after two months.

It is, however, not clear whether the owner can run the restaurant for the next two months. The commissioner informed he did not have any information on this.

Asked if he would initiate action against civic officials who had allowed illegalusage of the basement, he said, ``The issue is very old and according to the rules, officials involved in cases over four years old are not liable for any punishment.'' ``Whom will I catch?'' he asked, adding that some of the officials may have retired by now, and it would be unfair to initiate action against retired employees. Some of them may have died, he added.

However, when probed further, he informed he would ask Additional Municipal Commissioner (AMC) S S Gill to enquire into the matter so that such mistakes were not repeated. Asked if the state government's role would also be under scrutiny, he replied in the affirmative, adding the High Court had already scrutinised the government's role in detail while hearing the case.

Wang had moved the Supreme Court immediately after Bombay High Court upheld the BMC move rejecting the application made by China Garden to regularise illegal portions of the restaurant on August 4.

China Garden has been fighting a battle with the BMC since 1985, when the BMCserved the restaurant a notice for using the basement and the ramp illegally.

Nalinakshan also informed he had served notices to another nine hotels in the city for using basements illegally. These included The Taj, The Oberoi, Hotel Sea Princess and Suba Palace at the Gateway of India. He has not received any reply from the owners of the hotels yet.