IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 78 OF 2009 Deoraj R. Gauda ... Appellant Vs The Bombay Mun. Corpn. of ... Respondents Gr. Bombay & Ors. Mr. G. A. Lobo, for the Appellant. Mr. Z. E. Xavier, for the Respondent Corpn. CORAM: A. P. DESHPANDE, J. DATED: JANUARY 27, 2009. P.C.: ---- . Notice issued under Section 314 of the M.M.C. Act, 1988 was challenged by filing a suit in the Court before the City Civil Court, Bombay. It is undisputed that plaintiff/appellant has been carrying on his business in a structure errected on a foot path, purportedly under lease granted by the Corporation. The City Civil Court has recorded a finding that the plaintiff has failed to prove that he is in lawful possession of the structure. It has also been held that notice is legal and valid and as no declaration prayed for by the plaintiff about the notice being illegal, can be granted. 2. Perused the judgment and decree passed by the - 2 - City Civil Court, Bombay. There being no merit in the appeal, appeal is dismissed summarily. 3. The learned counsel for the appellant submits that appellant be granted 8 weeks time. to remove the structure as the same is in existence since number of years. It is also pointed out that in the Notice of Motion, the structure was protected during pendency of the suit. Further prayer is made by the learned counsel for the appellant that the appellant be granted liberty to move an application to the Assistant Commissioner, K-West Ward, seeking an alternative accommodation/place for carrying on business, which is described as the pitch. The request made by the learned counsel for the appellant is just, fair and reasonable. Though appeal stands dismissed summarily, the appellant is granted 8 weeks time to remove the structure and vacate the place on the foot-path, however, subject to the condition that the appellant shall file an undertaking in this Court within 2 weeks from today that he shall remove the structure and vacate the place on the foot-path within 8 weeks from today. The appellant is also granted liberty to make an application to the Assistant Commissioner, K-West Ward, Mumbai, making request for providing an alternative site to carry on the business; and if such representation is made, the - 3 - same shall be considered by the concerned authority within 8 weeks from the date of receipt of the same. 4. Needless to mention that if the appellant fails to remove the structure and vacate the place on the foot-path within 8 weeks, as undertaken, it shall be open for the Corporation to remove the structure and evict the applicant. Sd/- [ A. P. DESHPANDE, J.]