1 ao1217.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1217 OF 2010 WITH CIVIL APPLCIATION NO. 1505 OF 2010. Manpreetsing Rajendrapalsingh Bajaj ... Appellant Vs. Municipal Corporation Greater Mumbai ... Respondent ...... Mr. R.A. Thorat for the Appellant. Mr. J. Xavier for the Respondent. ...... CORAM : J.H. BHATIA, J. DATE : 25TH OCTOBER, 2010. P. C. 1. The appellant before this Court is the plaintiff in Long Cause Suit No. 574 of 2009. A notice under section 351 of BMC Act was issued to him in respect of certain structures standing on City Survey No. 3112-C of village Dahisar. He contended that the structure was raised by his landlord and since January 1952 he is running garage in the said structure. He also took out a Notice of Motion No.78 of 2009 for temporary injunction against implementation of notice. That was rejected. 2. The learned Counsel for the appellant at the outset stated that 2 ao1217.10.sxw instead of pursing this appeal on merits, the appellant will move application before the Municipal Authority for regularization of the said structure because admittedly, the said structure is on the private land and is not encroachment on the government land. Therefore, after some discussion at the bar, he seeks to withdraw the appeal, application as well as suit from the trial Court with liberty to move application for regularization. 3. In the result, the appeal and application stand disposed of as withdrawn with liberty to move the application for regularization of the structure. In case, the appellant/plaintiff makes the said application through the licensed Architect within 3 months, the concerned authority i.e. Executive Engineer (Building Proposal), Western Suburb, Kandivali Ward shall take decision on the said application within 3 months thereafter. The Municipal Corporation shall not act upon the impugned notice under section 351 of BMC Act till the decision by the concerned Executive Engineer and for 2 weeks after the communication of the order, in case the decision goes against the plaintiff-appellant. J. H. BHATIA, J 3 ao1217.10.sxw