vss 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 WRIT PETITION NO.2994 OF 2008 WRIT PETITION NO.2994 OF 2008 WRIT PETITION NO.2994 OF 2008 Sunil J. Talreja & Ors. ... Petitioners V/s. Addl. Chief Secretary Urban Development Deptt. & Ors. ... Respondents Mr.J.S. chandnani for Petitioners Mr.S.O. Rayrikar, AGP, for Respondent Nos.1, 2 and 4 Mr.S.M. Kamble for Respondent No.3 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: OCTOBER 8, 2008 OCTOBER 8, 2008 OCTOBER 8, 2008 P.C.: P.C.: P.C.: . The petitioners have challenged the order dated 16.7.2007 passed by the Designated Authority and 29.2.2008 by Appellate Authority respectively. 2. According to the petitioners, these orders have been passed without affording them any opportunity of being heard by the authorities before demolition of the construction which according to the authorities was unauthorised. It is also submitted that no reasons have been given by either the Designated Authority or the Appellate Authority dismissing the Petitioners’ application for regularisation of the structure. 3. The allegedly unauthorised construction has : 2 : already been demolished to a certain extent as stated in the affidavit filed by one Vishnu Raghunath Garje. The affiant, who is the Assistant Commissioner of the Ulhasnagar Municipal Corporation. He has stated that a part of the illegal and unauthorised construction has been demolished and as and when skilled labour would be available, the rest of it would be demolished. He has further stated that in the event the petitioners submit a fresh proposal for regularisation of the construction then the same would be considered. 3. In my opinion, the impugned orders would have to be set aside as they have been pased without affording a hearing to the petitioners and without any reasons being elaborated in the order. Mr.Chandnani, appearing for the petitioners, states that a proposal will be submitted within six weeks from today. In the event such a proposal is submitted to the Respondent No.2 i.e. the Designated Authority, he will consider the same in accordance with law. 4. The Designated Authority will pass orders on the proposal within a period of three months and shall communicate the order to the petitioners. 5. Writ petition is disposed of accordingly.