1 fa465-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa FIRST APPEAL NO.465 OF 2011 ALONGWITH CIVIL APPLICATION NO. 670 OF 2011 Brain Moares & Anr. .. Appellants V/s. The Municipal Corporation of Greater Mumbai .. Respondent ..... Mr. Vinay J. Hegde for the appellants. Mr. Vinod Mahadik for respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : MARCH 31, 2011. P.C.:- The learned counsel appearing for the appellants on instructions of the appellants seeks permission to withdraw this Appeal with liberty to file application for regularization of the offending structure. Hence, I pass the following order : :: O R D E R :: i. Appeal is dismissed as withdrawn. No order as to costs. 2 fa465-11 ii. It will be open for the appellants to file an application for regularization of the offending structure to the Executive Engineer (Building Proposals), Western Suburb of the respondent within a period of eight weeks from today. The said application shall be made through a licenced Architect. ii. If such an application is made within a period of eight weeks from today, the concerned Authority will decide the same within a period of 12 weeks from the date of making the application and shall communicate the order passed either to the appellants or to their Architect within a period of one week from the date of passing the order. iii. In the event, application for regularization is made within a period of eight weeks from today, parties shall maintain status-quo in respect of the offending 3 fa465-11 structure till the intimation of the order passed on application for regularization is served to the appellants or their Architect. iv. In the event, proposal for regularization is rejected, the order of status-quo will continue to operate for a period of six weeks from the date on which the decision is communicated either to the appellants or their Architect. v. Looking to the nature of the offending structure and the fact that the second appellant is handicapped, the application for regularization shall considered sympathetically in accordance with Rules. vi. In the event, appellants fail to apply for regularization within eight weeks from today, the respondent is free to take action of demolition. 4 fa465-11 vii. Parties to act upon an authenticated copy of this order. viii. Civil Application No. 670 of 2011 does not survive and the same is disposed of. JUDGE