1 902.sa593.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 593 OF 2010 WITH CIVIL APPLICATION NO. 1509 OF 2010 Shantilal Bhikamchand Jain. ....Appellant. Vs. Dapoli Nagar Panchayat & ors. ....Respondents Mr. V.M. Bhate, Advocate for Appellant. CORAM:- GIRISH GODBOLE, J DATED:- SEPTEMBER 27, 2011 P.C. 1. The original Plaintiff in R.C. Suit No. 95 of 2002 filed in the Court of Ld. C.J.S.D. Ratnagiri has filed this Second Appeal. The Suit was for declaration and permanent injunction in respect of construction on the property of the Plaintiff and the declaration which was sought was that various notices issued by the Respondent No.1 on 27/12/2001, 13/2/2002, 19/3/2002 and 28/3/2002 are illegal and that he is entitled to carry out construction according to the building permission granted on 4/3/2002. Learned CJSD dismissed the Suit on 12/5/2009 and the 2 902.sa593.10 Decree has been confirmed by dismissal of Civil Appeal No. 47 of 2009 by the Learned District Judge-1, Khed by impugned Judgment and Order dated 23/9/2010. 2. Mr. Bhate submitted that the predecessor in title of the Appellant had been granted a valid NA and building permission in the year 1968 and in the year 1994-95 respectively and relying upon the report of the Court Commissioner appointed in Civil Appeal No. 47 of 2009 which was produced at Exh. 43 being report dated 7/12/2009 it was submitted that the Commissioner having found that there were no R.C.C. Pillers, the admission in the reply dated 31/12/2001 which has been relied upon by the Appellate Court was duly explained. I have considered the submissions. The notice dated 27/12/2001 was admittedly issued even prior to granting of building permission 4/3/2002 (Exh. 68) and even the reply dated 31/12/2001 preceded the grant of building permission. But the building permission was thereafter granted on 4/3/2002 and, hence, the Appellate Court has recorded finding of fact that unauthorised construction is already demolished on 3 902.sa593.10 3/3/2002 and thereafter the Suit has been filed on 5/4/2002. This finding of fact regarding demolition of unauthorised construction is not seriously assailed. The Appellate Court has declined to grant relief since validity of building permission dated 4/3/2002 as even otherwise had come to an end and there was not prayer for issuing a mandatory injunction directing the Respondent No.1 should re- validate such building permission. In view of this matter, there is no need to entertain the Second Appeal. It will be sufficient to clarify that the Appellant would be entitled to file an application either for revival of the building permission dated 4/3/2002, if such course is permissible under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the rules r/w M.R.T. P. Act 1966 or apply for obtaining a fresh building permission under the aforesaid enactments and if such an application is made, the same shall be considered by the Respondents on their own merits and without being influenced by any observations made in the impugned Judgment and Orders. Ordered accordingly. Second Appeal is disposed of. 4 902.sa593.10 3. For a period of 3 months, the parties shall maintain status quo in respect of the structure which is standing on the suit property after demolition of unauthorised construction as indicated in the Judgment of the Appellate Court. 4. In view of the disposal of the Second Appeal, nothing survives for consideration in Civil Application No. 1509 of 2010. The same is also disposed off. (GIRISH GODBOLE, J)