1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO.234 OF 2008 Mrs.Mala Chuckerbutty. ..Petitioner. V/s. Municipal Corporation of Greater Mumbai ..Respondent. Mr.Armin Wandrewala, Hiren Mehta, Akshay Vani, Siddharth Naik i/b. Akshay Vani for petitioner. Ms.Archana Joshi for respondent. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 5, 2008. DATE : FEBRUARY 5, 2008. DATE : FEBRUARY 5, 2008. P.C. : P.C. : P.C. : 1. Not on board. Upon mentioning taken on board. 2. The limited issue that arises for consideration in the present Petition is in the context of recent work carried out by the Petitioner in the suit flat. From the photograph, which is appended to the Petition, it is obvious that the work has been substantially completed. The Petitioner’s case is that the said work was required to be done urgently for security reason. The Petitioner is willing to abide by all the directions that may be issued by the Corporation in relation to the said work including to apply for regularisation of the said work. 2 3. Having regard to the peculiar facts of the present case, the Corporation is inclined to consider the application for regularisation if made by the Petitioner within specified time. In the circumstances, it is ordered that the Petitioner may apply to the Assistant Engineer, Building Proposal, H-West Ward of the Corporation within three weeks from today through authorised architect and submit all necessary documents in support of the proposal for regularisation. 4. If such application is filed, the competent authority will decide the said application on its own merits in accordance with the law within four weeks from the date of presentation. The competent authority may call upon the Society to offer its comment, if any, on the proposed regularisation application before taking any final decision on the proposal. Till the proposal is finally disposed off the Corporation shall not give effect to the threat of demolition given in communication dated 4th February, 2008 at page 22-23 of the paper book. 5. In the event, the decision is adverse to the Petitioner, the Corporation shall maintain status quo 3 for further period of two weeks from the date of service of the order on the Petitioner, so as to enable the Petitioner to challenge the said order before the appropriate forum, as may be advised. 6. In the event, the Petitioner fails to make application within specified time as aforesaid, the Corporation will be free to proceed against disputed structure in accordance with the law. 7. In view of the above nothing survives for consideration in this Petition. Disposed off accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)