1 fa1299-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO.1299 OF 2010 ALONGWITH CIVIL APPLICATION NO.4738 OF 2005 Fulmati Ramraj Charnasia .. Appellant V/s. M.C.G.B. .. Respondent ..... Mr. N. B. Shaikh i/b. Mr. B. P. Shukla for the appellant. Mr. Vinod Mahadik for respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : APRIL 21, 2011. P.C.:- The learned counsel appearing for the appellant on instructions of the appellant seeks permission to unconditionally withdraw the Appeal. However, he prays that he may be permitted to apply to the concerned Assistant Commissioner for regularization of the suit structure. He submitted that the Assistant Commissioner has power to regularize the suit structure as the same is allegedly in the slum area. The learned counsel appearing for the respondent submits that the Assistant Commissioner may not have any such powers. 2 fa1299-10 However, that issue need not be decided. If the Assistant Commissioner has no such powers, naturally he cannot be entertain the application. Hence, I pass the following order : :: O R D E R :: i. The Appeal is dismissed as unconditionally withdrawn. Hence, the impugned decree stands confirmed. ii. It will be open for the appellant to apply to the concerned Assistant Commissioner of the respondent Corporation for regularization of the suit structure. iii. If such application is made within a period of four weeks from today, the same shall be decided by the Assistant Commissioner within a period of 12 weeks from the date of filing of the application. If application is made within a period of four weeks from today, the parties will maintain status-quo as of today in respect of the disputed structure till the date on which decision on 3 fa1299-10 the said Application is communicated to the appellant. iv. If the decision is adverse to the appellant, the order of status-quo will continue to operate for a period of six weeks from the date of communication of the decision to the appellant. v. If the appellant fails to apply for regularization of the structure within a period of four weeks from today, it will be open for the respondent Corporation to demolish the disputed structure. vi. The issue whether the Assistant Commissioner has right to entertain the application of regularization is kept open. vii. Civil Application No.4738 of 2005 does not survive and the same is disposed of. JUDGE