1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2250 OF 2008 M/s.Bhagwati Veg.Restaurant. ..Petitioner V/s. The Municipal Corporation of Gr.Mumbai & Anr. ..Respondents. Mr.Chirag Shah i/b. J.J.Shah for petitioner. Mr.N.A.Shaikh for respondents. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 1, 2008. : OCTOBER 1, 2008. : OCTOBER 1, 2008. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. It is fairly accepted by the Petitioner that there is no approved plan in respect of the disputed unauthorised structure. It is also accepted that the said structure was not erected after taking prior permission of the Corporation. From the photograph appended to the Petition at page 31, it is amply clear that the disputed structure is protruding outside the building line. It necessarily follows that the disputed structure is unauthorised and the Corporation is justified in proceeding against the said structure in accordance with the law. It is a different matter that said structure can be regularised. That matter will have to be considered 2 by the Competent Authority in the first place. 3. The Petitioner will be free to make representation to the Competent Authority-Executive Engineer, Building Proposal(R/Central Ward) for regularisation of the disputed structure. The Petitioner shall submit that representation to the Competent Authority within one week from today in proper format, as is required as per the extant regulation, failing which the Corporation will be free to proceed against the disputed structure on the basis of impugned notice. However, if the Petitioner makes representation to the Competent Authority within the specified time, till such representation is finally decided by the Competent Authority, one way or the other, no precipitative steps be taken in respect of the suit structure. 4. The Competent Authority shall decide representation for regularisation made by the Petitioner as expeditiously as possible and in any case not later than four weeks from its presentation. In case, any adverse order is passed against the Petitioner, the same shall not be given effect to for a period of one week from the date of intimation to enable the Petitioner to challenge the said order before appropriate forum. 3 5. Petition is disposed of on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)