1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.525/2007 WITH CIVIL APPLICATION NO.908/2007 Smt.Kamarunissa Anis Ahamad. ..Appellant -VERSUS- The Bhiwandi Niazampur Municipal Council. ..Respondent ......... Mr.D.K.Ghaisas, Advocate for the appellant. Mr.R.S.Apte, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 19th MARCH, 2009. P.C. : 1. The judgment of the first Appellate Court clearly reveals that it is the case of the respondent/Corporation that the suit premises and the structure mentioned in the notice under Section 260 of the Bombay Provincial Municipal Corporation Act (notice of demolition) are entirely different. The first Appellate Court has also observed that there is no justification to accept the contention of the appellant/plaintiff that under the notice the respondent/Corporation proposes to demolish the suit house bearing No.637. 2. On the last date of hearing, the learned counsel for the 2 respondent/Corporation had sought time to seek instructions. On instructions, a categorical statement is made that the notice of demolition does not relate to the suit structure viz. House No.637. If this be so, there is no question of suit house being demolished on the basis of the impugned notice. However, the learned counsel for the respondent/Corporation submits that the suit house is also an illegal structure and it would be free for the Corporation to proceed against the suit structure/House No.637 after following the due process of law. 3. In this view of the matter, the apprehension of the appellant that the respondent would proceed to demolish the suit house in pursuance to the notice of demolition is wholly ill-founded. The statement made by the learned counsel for the respondent/Corporation is accepted. The appeal stands disposed of by clarifying that it shall be open for the Corporation to proceed against the suit structure (House No.637) after following due process of law. 4. The appeal is disposed of. In view of disposal of the appeal, the Civil Application does not survive and it is also disposed of. JUDGE