1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1118 OF 2010 WITH CIVIL APPLICATION NO.1378 OF 2010 Rajeshkumar S. Yadav ...Appellant. v. The M.C.G.M. and Anr. ...Respondents. Mr.K.K.Pandey, adv. for the Appellant. Smt.K.K.Soran, adv. for the respondent/M.C.G.M. CORAM : J.H.Bhatia, J. DATE : 4th October, 2010 P.C.: 1 Plaintiff/appellant had filed suit seeking injunction restraining the respondents from demolishing the structure of the appellant without following the due process of law. Ad-interim relief was granted by the trial Court pending the notice of motion. However , pending the suit, notice under Section 53(1) of the Maharashtra Regional Town Planning Act was issued. The trial Court held that now process of law has been commenced and, therefore, no further protection is required. Accordingly, notice of motion was rejected. The learned counsel for the appellant also makes a statement that after receipt of the notice under Section 53(1), the appellant has already 2 submitted his explanation before the concerned Assistant Municipal Commissioner R- (North) Ward but no decision has been taken so far. In view of the above circumstances, the appeal and the application may be disposed off with the following directions: (i) The concerned Assistant Municipal Commissioner shall hear the plaintiff/appellant and pass appropriate order on its own merits on the notice under Section 53(1) within four weeks from this date. Till then the respondent shall not demolish the structure. 2 In case, the order goes against the appellant, that order being appellable under M.R.T.P. Act, the learned counsel for the appellant/plaintiff also seeks to withdraw the suit. 3 With the aforesaid direction, appeal and the application stand disposed off. (J.H.BHATIA, J.) 3