1 ao932.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 932 of 2011 WITH Civil Application No. 1249 of 2011 IN AO No. 932 of 2011 Mr. Israrul Haque Mahfuzul Haque ....Appellant v/s. Municipal Corporation of Greater Mumbai ....Respondent Mr. A.M.Saraogi for the appellant. Ms. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 23rd November, 2011 PC: A grievance is made in this Appeal from Order that in pursuance to issuance of notice under Section 351 of the Mumbai Municipal Corporation Act and before passing impugned order directing removal of unauthorized structure, no hearing was given to the occupier/user of the premises. The appellant is the person who is using the notice structure. It was incumbent upon the respondent to extend an opportunity of hearing to the user and thereafter proceed to pass appropriate orders. 2. The Counsel appearing for the Corporation on instructions states that appropriate opportunity would be given to the user to show-cause the notice and thereafter appropriate orders would be passed. The occupier-user shall attend the office of the Assistant Commissioner-E Ward on 7th December, 2011 and shall tender his reply to the notice in question and after extending an opportunity of hearing to the user-appellant herein, the Competent Authority 2 ao932.11.sxw may proceed to pass appropriate orders. 3. In this view of the matter, instant Appeal from Order can be disposed of with a direction to the appropriate authorities to consider the contention of the appellant and pass appropriate orders in the matter. The Counsel appearing for appellant states that he would advise his client to withdraw the suit. Appeal from Order stands disposed of. In view of disposal of Appeal from Order, civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J)