: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.61 OF 2010 Madanlal Gupta ... Appellant V/s. Brihan Mumbai Municipal Corporation & Anr. ... Respondents Mr.A.M. Saraogi for Appellant Mr.J.J. Xavier for Respondent MMC CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 18, 2010 P.C.: 1. The First appeal has been preferred against the order passed by the City Civil Court dismissing the suit filed by the appellant on 24.11.2009. 2. The suit challenges the notice issued on 20.3.2003 under 3Z(1)(4) Maharashtra Slum Area (Improvement, Clearance and Redevelopment) Act, 1971 and the consequential order passed by the Corporation on 5.9.2003. 3. The contention of the plaintiff in the suit was that his structure was protected in view of the policy of the State Government which was adopted by the Corporation that structures which were in existence prior to 1.1.1995 were tolerated. Several documents were produced by the plaintiff-appellant to establish his case including a : 2 : ration card, election card, bank passbook, etc. 4. The trial Court has considered each document produced by the appellant including those which had not been produced by him before the Corporation. The trial Court has given good reasons for discarding each of these documents and in my opinion, therefore, there is no need to interfere with the order passed by the trial Court. 5. The appeal is dismissed. 6. On the application of the learned advocate for the appellant, the structure shall not be demolished for a period of eight weeks from today. 7. In view of the above, civil application No.141 of 2010 does not survive and the same is dismissed accordingly