1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.429 OF 2010 WITH CIVIL APPLICATION NO.561 OF 2010 The M.C.G.M. ...Appellant. v. Mr. Gagansingh Hudke ...Respondent. WITH APPEAL FROM ORDER NO.430 OF 2010 WITH CIVIL APPLICATION NO.562 OF 2010 The M.C.G.M. ..Appellant. v. Mr. Prakash Gurbaz Wasir Kaur ...Respondent. WITH APPEAL FROM ORDER NO.431 OF 2010 WITH CIVIL APPLICATION NO.563 OF 2010 The M.C.G.M. ...Appellant. v. Mr. Sachindra U. Kotian ...Respondent. WITH APPEAL FROM ORDER NO.432 OF 2010 WITH CIVIL APPLICATION NO.564 OF 2010 The M.C.G.M. ..Appellant. v. Mr. Raghu Nadar ..Respondent. 2 WITH APPEAL FROM ORDER NO.433 OF 2010 WITH CIVIL APPLICATION NO.565 OF 2010 The M.G.G.M. ..Appellant. v. Mr. Abdul Ansari ..Respondent. WITH APPEAL FROM ORDER NO.434 OF 2010 WITH CIVIL APPLICATION NO.566 OF 2010 The M.C.G.M. ...Appellant. v. Ashfaq Ahmed ..Respondent. WITH APPEAL FROM ORDER NO.435 OF 2010 WITH CIVIL APPLICATION NO.567 OF 2010 The M.C.G.M. ...Appellant. v. Mr. Nilesh D. Shinde ..Respondent. WITH APPEAL FROM ORDER NO.436 OF 2010 WITH CIVIL APPLICATION NO.568 OF 2010 The M.C.G.M. ..Appellant. v. Akhlaksh Ahmed ..Respondent. 3 Mr. S.U.Kamdar Special Counsel a/w Smt. K.K.Soran, advs., for the Appellants/MCGM. Mr. Anil C. Singh i/by D.R.Shah, advs., for the respondent (in A.O.Nos.429/2010, 430/2010, 431/2010 and 436/2010). Shri Madan i/by S.P.Bharti, advs. For the respondent. (in A.O.Nos.432/2010, 433/2010, 434/2010 and 435/2010). CORAM : J.H.Bhatia, J. DATE : 20th September, 2010 P.C.: 1 After some discussion at the bar, the learned counsel for the parties agree that the appeals may be disposed off with the following directions: (i) Plaintiffs/respondents shall submit their explanation alongwith all the relevant documents on which they want to rely before the Assistant Municipal Commissioner F/North Ward within four weeks from this date treating the impugned notice dated 25.11.2009 as show-cause notice and the said Assistant Municipal Commissioner shall thereafter fix a date for the hearing and shall pass appropriate orders within four weeks from the date when they file their 4 explanation and documents. In case, the decision goes against the plaintiffs, the Municipal Corporation shall issue fresh order of the demolition under Section 55 of the M.R.T.P. Act. In case, the decision goes against the plaintiffs, they shall not act upon the same for a further period of eight weeks from the date of communication of the order. 2 Plaintiffs shall also withdraw suits pending before the trial Court. 3 Appeals and the applications stand disposed off accordingly. (J.H.BHATIA, J.) 5