( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ FIRST APPEAL NO.497 OF 2009 FIRST APPEAL NO.497 OF 2009 FIRST APPEAL NO.497 OF 2009 IN IN IN L.C. SUIT NO.2311 OF 2005 L.C. SUIT NO.2311 OF 2005 L.C. SUIT NO.2311 OF 2005 Pranjivan Nanji Chheda (M/s. Visawa Bar) ..Appellant V/s. Municipal Corporation of Greater Mumbai ..Respondent ...... Ms. Veena Thadhani for the appellant Mr. J. Xavier for respondent-BMC ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 P.C.: P.C.: P.C.: 1. The respondent Corporation issued notice under Section 351 of the Mumbai Municipal Corporation Act. The said notice and the order passed by the appropriate officer came to be challenged in L.C.Suit No.2311 of 2005 filed by the appellant in the City Civil Court, Mumbai. The learned Judge of the City Civil Court by judgment and decree dated 20th February, 2009 dismissed the said suit thereby holding that the structures covered under notice under Section 351 were illegal. Against the said judgment and decree dated 20th February, 2009, this appeal is filed. The appeal was adjourned to enable learned advocate for the appellant to take instructions. ( 2 ) 2. Today as the appeal was called out, learned advocate for the appellant upon instructions states that appellant would like to apply for regularization of the structures covered under Section 351. In view of this, appeal can be disposed of by passing following order:- ORDER ORDER ORDER . If the appellant submits a proposal for regularization of the structure covered under notice under Section 351 to Executive Engineer, Building Proposal City having his office at E-ward, Byaculla on or before 1st June, 2009, the said proposal shall be considered on merits. If such a proposal is submitted on or before 1st June, 2009, then the said proposal will be considered on merits and decision of the same will be communicated to the appellant and two weeks thereafter if the said decision is against the appellant, the Corporation shall not demolish the suit structure covered under notice under Section 351. In any case, the Corporation shall not demolish the suit structure covered by notice ( 3 ) under Section 351 till 1st June, 2009. If no proposal is submitted to the aforesaid officer on or before 1st June, 2009, w.e.f. 2nd June, 2009 the Corporation is free to demolish the structure covered under Section 351 by treating that the appellant is not interested in complying for regularization and to that extent the impugned order dated 20th February, 2009 in Suit No.2311 of 2005 stands confirmed. It is clarified that the aforesaid proposal for regularization shall be submitted through licensed architect. . In view of this, Civil Application No.1581 of 2009 stands disposed of with no order as to costs. (R.Y.GANOO, J) (R.Y.GANOO, J) (R.Y.GANOO, J)