: 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 APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST.) NO.7724 OF 2008 IN NOTICE OF MOTION NO.229 OF 2008 IN L.C. SUIT NO.119 OF 2008 Smt.Mikiat Kaur ..Appellant. Vs. 1. The Municipal Corpn. of Greater Mumbai & Anr. ..Respondents. WITH APPEAL FROM ORDER (ST.) NO.7728 OF 2008 IN NOTICE OF MOTION NO.228 OF 2008 IN L.C. SUIT NO.120 OF 2008 Mr.Shivraj Singh ..Appellant. Vs. 1. The Municipal Corpn. of Greater Mumbai & Anr. ..Respondents. WITH APPEAL FROM ORDER (ST.) NO.7731 OF 2008 IN NOTICE OF MOTION NO.227 OF 2008 IN L.C. SUIT NO.121 OF 2008 Mr.Darshan Singh Hakam Singh ..Appellant. Vs. 1. The Municipal Corpn. : 2 : of Greater Mumbai & Anr. ..Respondents. Mr.P.K.Dhakephalkar i/b.Mr.Kunal Cheema for the Appellants. Ms.Geeta Jogalekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 P.C. : P.C. : P.C. : The Appeals from Order are admitted and heard finally. 2. I do not suggest that the impugned orders dated 28th January, 2008 are wrong on merits or in fact. The merits must be decided in accordance with this order. 3. The only ground on which I am inclined to interfere is that the notice under Section 351 which is common to the above three Appeals, alleges several illegalities and the impugned orders state that the Appellants had failed to submit the documentary evidence such as the approved plan to prove the authenticity of the said structure. 4. As a matter of indulgence, I am inclined to grant the Appellants an opportunity of inspecting : 3 : the plan and making submissions thereon before the Assistant Commissioner, K/West. 5. It is further agreed that within two weeks from today, the Appellants shall also file an application in the alternative, for regularisation in the event of it being found that some structures are unauthorised/illegal. 6. The Assistant Commissioner, K/West shall pass a fresh order after considering the submissions in respect of the impugned notice/notices as well as in respect of the application for regularisation, if any, and, if necessary. The same shall be done within eight weeks from the date of receipt of an application by the above Appellants as stated earlier. 7. Till fresh orders and for a period of four weeks thereafter if the same is advised to the Appellants, the Respondents shall maintain status-quo in respect of the suit structure 8. The parties are agreed that this order disposes of the suit. The orders in that behalf shall be applied for before the Hon’ble Bombay City Civil : 4 : Court. 9. A xerox copy of the plan, as agreed, to be handed over to the Appellant’s Advocate this evening. 10. The Appeals from Order are accordingly disposed of.