1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.222 OF 2007 Smt.Bhagyashri Vilas Gujar .... Appellant Vs. Sawantwadi Municipal Council .... Respondents through its Chief Officer & Anr. Mr.G.H. Keluskar, Advocate for appellant Mr.S.M. Railkar, Advocate for respondent no.1 Mr.Niranjan Mogre i/by S.B.Shetye for respondent no.2. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 23rd November, 2009 P.C. 1. This Second Appeal is preferred against the order dated 22nd December 2006 passed by the District Court, Sindhudurg in Regular Civil Appeal No.169 of 2005 allowing the same and setting aside the trial Court judgment and decree dated 5th August 2005 and dismissing the suit. 2. The appellant was issued notice dated 10th April 2001 under Section 51(3) of Maharashtra Regional and Town Planning Act,1966 in respect of structure admeasuring 10x10 feet alleging that the structure is unauthorised structure and calling upon the appellant to remove the same. It is the case of appellant that the structure was constructed in the year 1991 and therefore under Section 53 of M.R.T.P. as then on statute, ought to be applied to the facts of the case. The provision of Section 53 as it was till 2 amendment in the year 1994 provided a period of limitation of seven years from the date of unauthorised development for taking action against it. This restriction of time has been removed by the amendment of the year 1994. As the notice was issued in the year 2001, the provision as amended in the year 1994 alone would be applicable. There is no other question raised by the appellant. No fault can be found with the impugned judgment and decree of the appellate court. There is no substantial question of law arising for consideration of this Court. Hence, the Second Appeal is dismissed. 3. In view of dismissal of the Second Appeal, the Civil Application No.555 of 2007 does not survive, the same is accordingly dismissed. (SMT.R.P. SONDURBALDOTA,J)