1 ao836.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 836 of 2011 WITH Civil Application No. 1103 of 2011 IN AO No. 836/2011 Smt. Aminabi Shaikh Mohammad Ali ....Appellant v/s. Davat-A-Hadiya Trust ....Respondents Mr. V.A. Thorat i/b. Rahul S. Kate for appellant. Mr. A.Y. Jahagirdar i/b. S.S. Kanetkar for resp. no.1. Mr. A.A. Garge for respondents 2 and 3. CORAM: R.M. BORDE, J. 8th December, 2011 PC: The prayer made by the plaintiff in an application at exhibit 5 that she shall not be removed out of possession and disputed structure shall not be demolished without following due process of law, has been turned down by the trial Court. It transpires that in the year 1995 a notice was issued by the Municipal Council, Lonavala for removal of encroached portion. There was a challenge raised to the notice at the instance of the plaintiff in a suit bearing No. 83/1995. The said suit, however, appears to have been withdrawn by the plaintiff. The fact remains that the Municipal Council on the basis of notice issued in the year 1995 did not take any action till this date. The Civic body such as Municipal Council is expected to take adverse action after following procedure prescribed under the Maharashtra Municipalities Act and the disputed structures, if any, shall have to be removed only after issuance of notice by the Civic body. The notice shall be issued not only to the owner but 2 ao836.11.sxw also to the occupier of the disputed structure. If at all the respondent Municipal Council intends to demolish the disputed structure, the Municipal Council shall issue a proper notice as contemplated by the provisions of Maharashtra Municipalities Act and shall thereafter proceed to take action of the demolition. It is directed that without following the procedure prescribed under the Maharashtra Municipalities Act, no adverse action shall be taken. 2. With these observations, the Appeal from Order stands disposed of. It is needless to say that the status-quo operates only qua the property in question and not in relation to any other property belonging to the trust. (R.M.BORDE, J)