1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.31 OF 2010 WITH CIVIL APPLICATION NO.77 OF 2010 Ilyas Badshahjan Khan )..Appellant V/s. The Municipal Corporation of Greater Mumbai & Ors. )..Respondents ---- Mr. Mohit Jadhav for the appellant. Mr.J.J.Xavier for the respondent/Corporation. ---- Coram : R.S.MOHITE,J Date : 14th January, 2010 PC 1 This is an appeal impugning a judgment and decree passed by the City Civil Court dismissing the plaintiff’s suit impugning a notice under Section 351 of BMC Act and the order passed thereafter directing the demolition of the suit property. It is contended that earlier a notice had been given by the BMC under Section 488 of BMC Act and that was challenged by the plaintiff by filing L.C. Suit No.4749/2006. That in the same suit a Notice of Motion was made absolute holding that the notice under Section 488 given on 27.10.2006 was bad in law. On perusing the said order, it is however, seen that liberty was given to the BMC to initiate action by issuing fresh appropriate notice, and therefore, the BMC issued notice under Section 351 on 13.2.2007. It was contended that the structure 2 mentioned in this notice was on the first floor whereas there was no such mention in the earlier notice under Section 488 of BMC Act. There is no substance in this contention as the earlier notice has been declared to be prima facie, bad in law. The plaintiff was required to show that the suit structure was authorised. It is seen that in his reply dated 15.2.2007 it is not even contended that the said structure was authorised. There is no contention that the structure exist before the datum line. In the circumstances, there is absolutely no merit in the appeal. It may be mentioned here that the appeal is being disposed off at the admission stage because all the documents and oral evidence is annexed to this appeal and thus the record upon which the appellant relies is before the Court. First Appeal therefore, stands summarily rejected. CIVIL APPLICATION NO.77 OF 2010 1 As the First Appeal is summarily rejected, this Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 3 4