1 a.o.1206.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1206 OF 2010 WITH CIVIL APPLICATION NO. 1498 OF 2010 Amisha Pratik Goradia and another ... Appellants Vs. Municipal Corporation of Greater Bombay ... Respondents ...... Mr. R.A. Thorat for the Appellants. Mr. J. Xavier for Respondent MCGM. ...... CORAM : J.H. BHATIA, J. DATE : 21ST OCTOBER, 2010. P. C. 1. Heard the learned Counsel for the parties. The appellants before this Court are the original plaintiffs. According to them, the Municipal Corporation had issued a notice under section 354A of BMC Act for demolition of certain structure. The learned Counsel contends that Municipal Corporation were required to issue first show cause notice and after reply, if any, to take a final decision. He also contended that after receipt of notice under section 354A of BMC Act, the plaintiff had submitted a reply to the said notice through their lawyer along with their 2 a.o.1206.10.sxw own letter dated 11-12-2008. This fact was admitted by Mr. Santosh N. Bhilare, Jr. Engineer (Bldg.) in his reply to the notice of motion. According to him, no decision has been taken by the concerned Assistant Commissioner so far. The appellants contented that they would even withdraw the suit, if some protection is given till decision is taken on the reply filed by the plaintiff-appellants. After some discussion, with the consent of the parties, the appeal and application stands disposed of with the following directions. The concerned Assistant Municipal Commissioner shall take a decision on the reply filed by the plaintiffs to the notice issued under 354A of BMC Act dated 3-12-2008 within 8 weeks from this date, after giving opportunity of being heard to the plaintiffs. The Municipal Corporation shall not act upon the said notice till decision on the said reply and for 2 weeks from the date of communication of the order. Even communication to the advocate for the plaintiff-appellants shall be treated as communication to the appellants. The plaintiff shall withdraw the suit from the trial Court. The appeal and application stand disposed of accordingly. J. H. BHATIA, J