1 ao971.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 971 of 2011 WITH Civil Application No. 1291 of 2011 in AO 971/2011 Ace Club and Resorts Private Limited ....Appellant v/s. The Municipal Corporation of Greater Bombay ....Respondent Mr. Anil Singh i/b. Devendra Sharma for the appellant. Ms. K.K. Soran for BMC. CORAM: R.M. BORDE, J. 04th October, 2011 PC: This Appeal from Order can be disposed of by permitting appellant to tender a proposal as contemplated under Section 342 of the Mumbai Municipal Corporation Act for regularization of unauthorized work to the Executive Engineer, Building Proposal, Bandra within a period of three weeks from today. If the Appellant tenders a proposal to the specified Authority within period of three weeks from today, the decision thereon shall be taken by the Executive Engineer within a period of eight weeks therefrom. 2. It is informed that sofar as the unauthorized construction in the compulsory open space is concerned, the same has been demolished by the Municipal Corporation. However, sofar as the unauthorized alteration and amalgamation of three shops is concerned, the necessary proposal will have to be submitted in accordance with Section 342 of the M.M.C. Act. The Counsel appearing for the Municipal Corporation on instructions states that until 2 ao971.11.sxw decision on the proposal, that would be submitted by the appellant, no adverse action would be taken against the appellants. 3. In view of the statement made by the appellant as well the respondent, which is recorded as above, the instant Appeal from Order stand disposed of. The Counsel appearing for appellant informs that he would instruct his client to withdraw the suit after tendering proposal as contemplated under Section 342 of the M.M.C. Act within specified time. 4. Appeal from Order stand disposed of. In view of disposal of Appeal from Order, Civil Application does not survive and stand disposed of. 5. In the event of failure of the appellant to tender proposal, it would be open for the Municipal Corporation to take action in accordance with provisions of law. (R.M.BORDE, J)