1 47 FA 1298.10.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1298 OF 2010 WITH CIVIL APPLICATION NO. 3365 OF 2010 Bhagwandas Khushaldas Shah ..Appellant. Vs. Municipal Corporation of Greater Mumbai ..Respondents. Mr. Anilkumar Patil i/b Mr. R.M.Bhandari for the appellant. Mr. Vinod Mahadik for the respondents/BMC. CORAM : D.B.BHOSALE, J. DATED : 26/11/2010. PC: 1 Heard learned counsel for the parties. 2 Learned counsel for the appellant on instructions from the appellant prays for withdrawal of this appeal with liberty to the appellant to approach the concerned authority for seeking regularization of the offending structure (shed) on the terrace. Learned counsel for the Corporation does not object to the prayer made by learned counsel for the appellant, however, he submits that if the proposal is rejected the appellant should remove the offending structure on their own. Having considered the submissions of the learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice: 2 47 FA 1298.10.doc i) The appellant is allowed to make proposal through their Architect for seeking regularization of the offending structure (shed) on the terrace to the Executive Engineer, Buildings Proposal Section, Municipal Corporation, Mumbai within a period of six weeks from today. If the appellant makes the proposal as aforementioned the concerned officer shall decide the same as expeditiously as possible and preferably within a period of eight weeks therefrom. Till then the Corporation shall not take any coercive action against the offending structure (shed) on the terrace. It is needless to mention that if the proposal is rejected by the Corporation the appellant will have to remove the structure (shed) on the terrace at his costs within a period of four weeks from the date of communication of the order. With these observations, the appeal is disposed of. Consequently, the civil application is disposed of. (D.B.Bhosale, J.)