1 ao1302.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1302 of 2011 WITH Civil Application No. 1703 of 2011 Mr. Mukesh Ramnaresh Sahi ....Appellant v/s. Municipal Corporation of Greater Bombay ....Respondent Mr. R.S. Apte, Sr. Counsel i/b. Himansha V. Kode for the appellant. Ms. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 20th December, 2011 PC: Heard. Admit. 2. With the consent of the parties, the Appeal from Order is taken for final disposal at admission stage. 3. A notice has been issued under Section 351 of the Mumbai Muncipal Corporation Act directing removal of unauthorised construction of structure admeasuring 11.3 meters by 5.8 meters with BM walls and AC sheets. The notice came to be issued on 22nd September, 2009 calling upon the appellant to file reply. A reply was tendered on 9th October, 2009. However, without considering the reply placed on record an order came to be passed by the Assistant Commissioner, R South Ward directing removal of unauthorised construction. The Counsel appearing for appellant has invited my attention to approved map for the CTS plan showing existence of structure prior to datumline i.e. 1st October, 1969. The approved plan was not a part of the reply 2 ao1302.11.sxw tendered by the appellant before the Executive Engineer. In these circumstances, the Appeal can be disposed of by issuing directions to the Assistant Commissioner R South Ward to extend an opportunity of hearing to the appellant before passing any fresh order. The order passed by the Municipal Corporation, Greater Bombay on 12th October, 2009 stands set aside and consequently the order passed by the City Civil Court also stand set aside. The matter is remitted back for reconsideration to Assistant Commissioner, R South Ward who after extending opportunity of hearing to the appellant shall proceed to decide in respect of validity or otherwise of notice and proposed action to be taken in pursuance to notice dated 22nd September, 2009. 4. The appellant shall appear before the Assistant Commissioner and tender his reply within period of two weeks from today. On submission of the reply, the Assistant Commissioner R South Ward shall proceed to decide the matter afresh within period of six weeks thereafter. Till the matter is decided by the Assistant Commissioner, no adverse action shall be taken against appellant. In the event of passing any adverse action against the appellant by the Assistant Commissioner, no adverse action shall be taken for a period of two weeks therefrom to enable the appellant to approach appropriate authority. 5. Appeal from Order stands disposed of. 6. The Counsel appearing for appellant on instruction from his client makes a statement that suit presented in the City Civil Court shall be withdrawn. (R.M.BORDE, J)