IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition (Ld.) No.1661 of 2008 Dharamshi Shah ..Petitioner vs. The Municipal Corporation for Greater Mumbai and others ..Respondents Mr.Niranjan Pandit with Mr.Ram U.Singh for petitioner. Mrs.Archana Joshi for respondents. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 8th July 2008 8th July 2008 8th July 2008 1. After this matter was argued for some time, Mr.Pandit, on instructions, makes a statement that the petitioner withdraws the civil suit as also appeal filed under section 47 of M.R.T.P.Act challenging the notice dated 21st November, 2007. 2. Mr.Pandit states that the notice invokes section 53(1) of M.R.T.P.Act, 1966. He submits that section 53(1) enables the noticee to apply for retention of work and when such an application is made the works can be retained at site till the application is heard and disposed of. 3. Although Mr.Pandit would urge that there is one application made, subsequently, on instructions, he makes a statement that the petitioner would approach the Executive Engineer (Building Proposal) of the B.M.C. The representation that the petitioner would not only point out that the original plan as sanctioned by B.M.C. envisages and contemplates the work which is the subject matter of the notice and alternatively, if the notice is valid, then, the petitioner be allowed to retain the said work and deficiency or irregularity, if any, be regularised in terms of the prevailing policy. Mr.Pandit states that such an application would be made within a period of two weeks from today. Mr.Pandit further states that request for regularisation would be accompanied by the proposal from the Architect of the petitioner. The petitioner will also produce such documents as are in his custody so also as required by B.M.C. 4. If the application is made within a period of 15 days from today, then, the concerned authorised officer shall decide the same within a period of six weeks from the date of representation. Needless to say that if the same is not presented within a period specified above, the B.M.C. is free to remove the work/demolish the same without any further notice. In case the application/proposal is filed the B.M.C. not to take any steps to demolish or remove the work during pendency of the application. All contentions of the petitioner are kept open and merely because the petitioner is relegated to the Executive Engineer it does not mean that the petitioner is allowed to retain his work. Petition is disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)