1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.686 OF 2011 WITH CIVIL APPLICATION NO.921 OF 2011 Ramrai R. Rai ...Appellant. v. M.C.G.M. ...Respondents. Mr. P.J.Thorat , adv. For the Appellant. Ms K.K.Soran, adv. For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : JULY 5, 2011. P.C. 1 The learned counsel for the plaintiff/appellant points out that as per the final order dated 10.6.2011 passed by the Assistant Commissioner P South under Section 351 of the Municipal Corporation Act, ground floor structure is tolerated as per the loft permission dated 5.11.2001. According to him, in the impugned order so called unauthorised construction of the first floor is in fact the said loft or mezzanine floor and this has not been considered by the concerned officer. The learned counsel after some discussion seeks to withdraw the suit, appeal and the application with liberty to go back to the concerned officer and to explain that his structure is tolerated structure as per the loft permission. 2 2 Plaintiff may approach the Assistant Commissioner P South with his representation and the concerned officer shall after perusal of the documents and spot inspection may pass fresh order under Section 351. Plaintiff shall approach the officer within two weeks and the concerned officer shall take decision within six weeks thereafter. Till then, the respondent shall not take any action on the impugned notice under Section 351. 3 Appeal and the application stand disposed off with the aforesaid liberty. (J.H. BHATIA,J.)