: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.778 OF 2008 IN NOTICE OF MOTION EXHIBIT 2 IN B.C.C.C.L.C. SUIT NO.1810 OF 2008 WITH CIVIL APPLICATION NO.933 OF 2008 Abdul Kadar Shaikh ..Appellant. Vs. The Municipal Corporation of Greater Mumbai ..Respondents. Mr.Navin Parikh i/b.Mr.Shashipal Shankar for the Appellant. Mrs.Geeta Jogalekar for the Respondents. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 20TH OCTOBER, 2008 DATED : 20TH OCTOBER, 2008 DATED : 20TH OCTOBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. Admittedly, there are new guidelines. The concerned officer must decide whether the existing hoarding is permissible thereunder as it is or with or without any modification. If merely a modification is required or if the existing hoarding is permissible, it would not be necessary to first demolish the existing hoarding and then permit the Appellant to reconstruct the same. 3. In the circumstances, the Appeal from Order and the Civil Application are disposed of by the : 2 : following order :- i) The Assistant Municipal Corporation, G/N Ward, shall pass an order in respect of the Appellant’s hoarding after affording the Appellant an apportunity of being heard. ii) The Appellant shall appear before the learned Assistant Municipal Commissioner in the first instance at 11.00 am. on 10.11.2008 and thereafter as directed by the Commissioner. iii) The Appellant shall be at liberty to present a written application/submission prior to that date, to the said officer. iv) Till the order is passed and for a period of eight weeks after the service of the order upon the Appellant, the order passed by the learned Assistant Municipal Commissioner shall not be given effect to, if adverse to the Appellant. v) The suit is also accordingly disposed of. Needless to add that the Appellant is always at liberty to challenge the order that may be : 3 : passed, if necessary.