: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.342 OF 2008 IN B.C.C.C.SUIT NO.482 OF 2008 Sunit Enterprises ....Appellant V/s. Municipal Corpn.of Gr.Bombay & Anr. ....Respondents Mr.Zal Andhyarujina with Mr.Jariwala and Ms.Jyoti Ghag i/b Thakore Jariwala & Associates for the Appellant. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 10TH APRIL, 2008. P.C. : 1. This is an appeal against the order refusing an injunction restraining the Respondent from demolishing two buildings constructed by the Appellant. 2. The impugned orders were passed pursuant to the order and directions in a Public Interest Litigation being Writ Petition No.379 of 2003. It is therefore, a moot point as to whether Section 149 of the M.R.T.P. Act would bar such a suit. This is an aspect which may be considered at the hearing of the suit. 3. Further considering the nature of the order I : 2 : intend passing the ends of justice would be served as it protects the interest of both the parties. 4. Admittedly, the structures can be regularized by obtaining the necessary TDR from the market. Admittedly without obtaining the said TDR the structures would be illegal. 5. Under the order impugned in the suit, the Appellant must prove the structural stability of the structure and obtain a certificate from the Planning and Design Section of the Respondent within thirty days. It is not necessary to enter into the dispute as to whether or not the Appellant has made a representation proving the structural stability of the structure. Instead of entering into this dispute, it would be desirable to direct the Appellant to make a fresh representation regarding the same. The penalty is also payable only in the event of the structure being regularized. 6. In the circumstances, the following order is passed:- i). The Appellant shall make a representation to the Planning and Design : 3 : Section of the Respondent to establish/prove the structural stability of the structures on or before 15.5.2008. ii). In the event of the certificate not being granted, the Respondent shall be entitled to proceed against the structures in accordance with law. This however, would be subject to any challenge by the Appellant to the said decision. iii). In the event of the Appellant obtaining the structural stability certificate from the Planning and Design Section of the Respondent, the Appellant shall obtain the TDR necessary to regularize the structure and pay the balance penalty amount with interest at 10% per annum from the date of demand of penalty till payment within nine months from the date of being served with a copy by the Respondent. iv). In the event of the Appellant failing to obtain the TDR or paying the penalty as aforesaid, the Respondent shall be entitled to proceed against the structures in : 4 : accordance with law. 7. The Appeal from Order is accordingly disposed of.