1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2356 OF 2009 IN WRIT PETITION NO.1925 OF 2007 Union of India, through General Manager, Reserve Bank of India .. Applicant. Vs. Ashraf Abdulla .. Respondent. And The Municipal Corporation of Greater Mumbai .. Respondent. Ms.Rajini Ayyer a/w Mr.Janhavi Dhurve i/b M/s.K.Ashar & Co. for the applicant. Mr.R.A.Thorat i/b J.R.Chomal for respondent no.1. CORAM : D.B. BHOSALE, J. DATED : 14TH OCTOBER, 2009 P.C. . Heard learned senior counsel for the applicant and learned counsel for respondent no.1. 2. By this civil application, the applicants have prayed for the following reliefs: (a) That pending the hearing and final disposal of the Writ Petition, the Petitioner be directed by this Hon’ble Court to permit the Applicant to take remedial steps, required as per the notice received from BMC, including propping up of the premises from inside the Ground Floor portion of the said structure which is in unauthorised occupation of the petitioner; 2 (b) That pending the hearing and final disposal of the Writ Petition, the Petitioner be directed by an Order of this Hon’ble Court to desist from causing any hindrance or interference in any manner with the steps that the applicant takes for putting up fence, protective nets/mesh or platform in front of the premises facing Nathalal Parekh Marg or disturbing or tampering with the steps taken by the Applicant in compliance with the notice issued by BMC to avoid any untoward incident; (c) That pending the hearing and final disposal of the Writ Petition the applicant be held not to be responsible for non-compliance of the notice dated 24th July, 2009 read with 29th August, 2009 issued by the BMC; (d) That pending the hearing and final disposal of the Writ Petition, BMC be directed not to initiate any action against the Applicant in pursuance dated 24th July, 2009 read with 29th August, 2009 issued by the BMC and/or from issuing any further notice to the Applicant and its officers.” 3. Respondent no.1 has filed the reply affidavit dated 12.10.2009 in which he has made the following statements: “I say that in any case for preventing any unfortunate mishap, I am ready to give all possible assistance for carrying out repairs of the suit structure, provided that the repairs to the structure are carried out under the supervision 3 of a structural engineer on the panel of Bombay Municipal Corporation. I say that in the event it is opined by the structural engineer of the Bombay Municipal Corporation that propping is necessary on the ground floor, I may be permitted to do so on my own and at my expenses under the supervision of the structural engineer of the Bombay Municipal Corporation. I say that I am carrying out hotel business on the ground floor and not at all averse to carry out repairs but since the apprehension is that while carrying out repairs, unnecessarily the ground floor premises will be damaged which is recently repaired, it is desirable that the work of repairs is being carried out under the supervision of a structural engineer on the panel of Bombay Municipal Corporation.” 4. I would not like to enter into a controversy whether any repairs to the premises in possession of the respondent-Ashraf Abdulla are necessary and I direct respondent no.2 – Corporation to appoint a structural engineer within a period of ten days from the date of receipt of this order, who shall visit the site after giving an intimation to the parties to find out the extent of repairs that is required to the suit structure including the premises in possession of the respondent and if he finds that repairs are necessary, he may so inform to the parties in writing within a period of one week from the date of his visit. 4 Mr.Thorat, learned counsel for the respondent submits that if repairs are found to be necessary, respondent no.1 shall carry out the same including propping, insofar as the premises in his possession is concerned, under the supervision of his own architect as well as the architect/structural engineer appointed by the Corporation and by the petitioner. The Structural Engineer of Corporation is directed to supervise repair work that will be carried out by the respondent – Ashraf Abdulla. The repair work, insofar as the premises in possession of the respondent are concerned, shall be carried out at his expenses. The applicant shall bear the expenses of repairs of the first floor of the suit structure. The parties shall complete the repairs as expeditiously as possible and in any case before the end of February, 2010. The parties are directed to produce a copy of this order before the concerned authority within a week from today. With these directions the civil application is disposed of. (D. B. Bhosale, J.)