1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.1108 OF 2010 WITH CIVIL APPLICATION NO.1364 OF 2010 Jaiprakash S. Pathak ...Appellant. v. The M.C.G.M. ...Respondent. Mr.Anil C. Singh i/by A.R.Singh, advs., for the Appellant. Smt.K.K.Soran, adv. for the respondent/MCGM. CORAM : J.H.Bhatia, J. DATE : 27th September, 2010 P.C.: 1 The Assistant Municipal Commissioner K/West Ward of the Municipal Corporation held that the structure of the plaintiff/appellant is not authorised nor it protected as it was not in existence prior to 1.4.62 or prior to 17.4.1964. This fact finds support from certain documents including the order passed by the Additional District Deputy Collector in 1977. In view of these facts and circumstances, the learned counsel for the plaintiff/appellant after taking instructions from the party, seeks to withdraw the appeal as well as suit with liberty to approach the Municipal Corporation for regularisation of the structure. If such application is made within four 2 weeks from this date, the Municipal Authorities shall take a decision on the same within six weeks. Thereafter, the Executive Engineer, Building Proposal, Municipal Corporation, Bandra shall not take any adverse action against the plaintiff/appellant in respect of said structure till the decision of the said representation is communicated to the appellant. 2 Appeal and the application stand disposed off as withdrawn with the aforesaid liberty. (J.H.BHATIA, J.) 3