(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1393 OF 2008 M/s.Ratnadeep Homeland Pvt. Ltd...Petitioner Versus The Mumbai Municipal Corporation & Ors. ..Respondents Mr. R.A. Thorat with Mr. P.J. Thorat for the petitioner Mrs. A.K. Savla, for the respodnents. CORAM: F.I. REBELLO CORAM: F.I. REBELLO CORAM: F.I. REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 8th October, 2008 DATED: 8th October, 2008 DATED: 8th October, 2008 P.C.: P.C.: P.C.: . Rule. Heard forthwith. The petitioner has approached this Court though he is entitled to move under Section 44 of the M.R.T.P. Act he cannot so apply as it is behind the prescribed period of 30 days as set out therein. 2. The notice was issued in respect of an internal change made in the building itself. This is not a case that the petitioner is making any additional structure or construction outside the plinth area. In these circumstances in our opinion the petitioner will have to be given an opportunity of applying under Section 44 of the M.R.T.P. Act. 3. Considering the above the petitioner, if he (-2-) applies within four weeks from today the respondents shall consider the same without considering the limitation. 4. Rule made absolute accordingly. No order as to costs. During such time such application is made the respondents not to take any action against the petitioner. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)