1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 876 OF 2009 Shabbir E. Bhopalwala ..Appellant versus Municipal Corporation of Gr. Mumbai & Ors. ..Respondents Mr.Sarogi for the appellant Mr. Xavier for the respondent No.1 BMC CORAM : R.Y.GANOO, J. DATE : 13th JULY, 2009. P.C: 1. The Corporation, respondent No.1 issued notice under Section 351 of the Corporation Act to the appellant. The appellant filed his reply and the concerned officer of the Corporation arrived at the conclusion that structure is unauthorised. Hence the appellant instituted Long Cause Suit No. 2742 of 1999 in the City Civil Court at Bombay so as to challenge the said notice under Section 351 of the BMC Act and the decision of the 2 Corporation. The learned Judge of the City Civil Court conducted the trial and by judgment and decree dated 9.4.2009 dismissed the suit, against which this first appeal has been filed. 2. Today the first appeal was for admission. As it was called out, learned Advocate Mr. Sarogi appearing on behalf of the appellant submitted that his client who claims to be the tenant in regard to the suit premises wants to apply for regularisation. Learned Advocate Mr.Xavier submitted that since the suit structure is patently unauthorised there is no question of regularisation and he wanted to oppose the admission. 3. Since the appellant wants to apply for regularisation, the appellant can be permitted to do so subject to the appellant being put to certain terms. 4. In view of the above, the first appeal can be 3 disposed of by passing the following order: ORDER i. If appellant wants to apply for regularisation of the suit structure, he shall file application for regularisation through licensed Architect. Such an application should be filed in the office of Executive Engineer, Building & Proposal, Byculla on or before 31.8.2009. ii.If the application is so filed, the Corporation shall consider the said application on merits by following normal procedure. Till such time the application is under consideration, the Corporation shall not demolish the suit structure. The Corporation shall communicate its decision to the appellant as well as to his architect. If the order passed by the Corporation is against the appellant, the Corporation shall not demolish the suit structure for the period of five weeks from the date of service of the said order upon the appellant or 4 his architect whichever is earlier. iii.If the appellant fails to file application for regularisation on or before 31.8.2009, it will be taken that the appellant is not interested in filing such an application and the impugned judgment and deree dated 9.4.009 passed by the learned Judge of the City Civil Court in Long Cause Suit No.2742 of 2009 shall stand confirmed without any further orders from the Court. If no proposal is filed for regularisation on or before 31.8.2009, the Corporation will be free to demolish the suit structure on or after 1.9.2009. iv.Civil Application No.2470 of 2009 is disposed of with no order as to costs, in view of the order passed in the first appeal. (R.Y.Ganoo, J.)