((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.238 OF 2008 Ratanshi Ugamshi Satra & anr. Petitioners versus Municipal Corpn. of Greater Bombay and others Respondents G.V.Murti i/by Murti & Associates for petitioners Rajendra Ingewale, AGP for respondent no.4. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC : 1. Heard counsel for the parties. Counsel for the petitioners, on instructions of the petitioner no.1 who is personally present in the Court, states that as the Court is inclined to answer the contentious issues raised against the petitioners, the Court may not record any reasons therefor as the petitioners would accept the opinion recorded by the appropriate officer in the main notice which the Court is inclined to uphold and instead proceed to apply to the competent authority for regularisation of the disputed structure, if permissible by law. The petitioners assures to make formal application ((-2-)) MST for regularisation to the Executive Engineer (Building Proposals), Western Suburbs, ‘K-West’ Word, within four weeks from today through approved Architect supported by all relevant materials. On receipt of said regularisation application, the competent authority may decide the same on its own merits in accordance with law uninfluenced by the fact that the petitioner has been permitted to apply for regularisation under this order. In other words, permitting the petitioner to apply for regularisation is not an expression of opinion on the issue of regularisation either way. All questions in that behalf will have to be considered on its own merits in accordance with law. 2. The competent authority shall decide the regularisation application within four weeks from the date of its receipt. In case the decision of the competent authority is adverse to the petitioner, the respondent shall not precipitate the matter in respect of the disputed structure for a period of two weeks from the date of service of order passed by the competent authority on regularisation application so as to enable the petitioners to take up the matter before the appropriate forum which proceedings ((-3-)) MST will have to be decided on its own merits. 3. It is made clear that if the petitioners fail to make formal request application before the competent authority within specified time, the respondent will be free to proceed against the disputed structure in accordance with law on the basis of main notice dated 4th December 2007 (Exhibit-G). 4. Petition disposed off on the above terms. (A.M.KHANWILKAR, J.) ((-4-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.27 of 2008 IN WRIT PETITION NO.238 OF 2008 Ratanshi Ugamshi Satra & anr. Petitioners versus Municipal Corpn. of Greater Bombay and others Respondents G.V.Murti i/by Murti & Associates for petitioners Rajendra Ingewale, AGP for respondent no.4. CORAM : A.M.KHANWILKAR, J. DATE : 07th February 2008 PC : 1. By consent, the Chamber Summons is made absolute in terms of prayer clause (a). Amendment to be carried out by tomorrow. The main matter is proceeded on the assumption that the amendment is already incorporated in the petition as counsel for the respondent submits that the respondent does not intend to file any reply affidavit as the relevant facts can be gathered from the order passed by the Appropriate Officer. Accordingly, main matter proceeds forthwith by consent. ((-5-)) MST (A.M.KHANWILKAR, J.)