1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1413 OF 2010 WITH CIVIL APPLICATION NO.3620 OF 2010 Shaikh Amir Bakshi D.H.Shamabee w/o Amir Shaikh & Ors. .. Appellants. Vs. The Municipal Corporation of Gr.Mumbai .. Respondents. Mr.P.S.Dani for the appellants. Mr.Vinod Mahadik for the BMC. CORAM : D.B.BHOSALE, J. DATED : 16/12/2010. PC: 1. Heard learned counsel for the parties. 2. Mr.Dani, learned counsel for the appellants submits that he has instructions not to press this appeal if the appellants are allowed to vacate the suit structure as and when the road widening work is actually commenced at the suit site. He has tendered affidavit of all the appellants dated 10.12.2010 wherein the appellants have given undertaking to this court that they will vacate the suit premises (structure) as and when the road widening work is actually commenced at the suit site. In S 2 the affidavit they are also seeking permission to apply to the corporation to provide alternate accomodation in lieu of the suit structure and direction to decide the same within timeframe. 3. The affidavit dated 10.12.2010 is taken on record and marked “X” for identification. The undertaking given by the appellants in the affidavit dated 10th December, 2010 is accepted. The respondent to give atleast 72 hours advance intimation to the appellants asking them to vacate the suit structure and handover possession thereof and of the land beneath the structure when actually they want to carry out/commence road widening work at the suit site. The appellants will not have any right to challenge the intimation given by the respondent-corporation in the court of law or before any other authority. 4. The appellants are granted liberty to approach the corporation seeking alternate accomodation in lieu of the suit structure. They shall apply to the Asst. Commissioner, M/East Ward within 12 weeks from today. If the appellants apply for alternate accomodation, the concerned officer will decide the same within four weeks therefrom and communicate the decision to the appellants immediately thereafter. It is made clear that act of vacating the suit premises as and when required for road widening work and making application to the 3 corporation for alternate accomodation will not have any connection with each other. The appellants are not allowed to seek extension for vacating the suit premises on the ground that they are seeking alternate accomodation. It is needless to mention that if the appellants fail to vacate the suit structure within 72 hours as aforementioned, it would be open to the respondent-corporation to execute the suit notice. With these observations the first appeal is disposed of and as a consequence thereof the order passed by the City Civil Court which is impugned in the appeal, stands confirmed. Consequently, the civil application is also disposed of. (D.B.Bhosale, J.)