: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.349 OF 2008 IN APPEAL FROM ORDER NO.294 OF 2008 IN NOTICE OF MOTION NO.630 OF 2008 IN B.C.C.C.L.C.SUIT NO.619 OF 2008 WITH APPEAL FROM ORDER NO.294 OF 2008 Smt.Sandhya A. Zapdekar ....Appellant V/s. M.C.G.M. & Anr. ....Respondents Mr.J.G. Shukla i/b M/s.G.H. Shukla & Co. for the Appellant. Mrs.Geeta Joglekar for the B.M.C. CORAM : S.J. VAZIFDAR, J. DATED : 31ST MARCH, 2008. P.C. : 1. The Civil Application and the A.O. are disposed of finally by this order. 2. By an order dated 4.5.2007 in A.O. No.351 of 2007, it was ordered that if the Appellant made an application to the concerned authority of the first Respondent within a period of six weeks, the same would be decided within eight weeks from the date of filing of the application. : 2 : 3. Admittedly the Appellant made an application on 1.6.2007. The application however was addressed to the Assistant Municipal Commissioner and to the Municipal Commissioner. By a communication dated 16.11.2007 Respondent No.1 informed the Appellant that the application for regularization was forwarded to the Executive Engineer, Building Proposal, City-III for further process. The Appellant was therefore requested to approach the Executive Engineer (BP) along with a regular proposal through the licensed Architect. The said letter was received by the Appellant on 26.11.2007. In the meantime, the Execution Engineer (BP) by a communication dated 19.11.2007 received by the Appellant on 28.11.2007 directed the Appellant to submit a proposal to his office with the requisite documents listed therein. Curiously in the next paragraph, it is stated that since no such documents had been submitted, the proposal could not be processed further and was therefore rejected. 4. Consequent thereto the demolition of the structure is now intended. 5. In view of the aforesaid facts, it is clear : 3 : that the order dated 4.5.2007 has not yet been complied with. In any event, the Appellant has not been given a reasonable opportunity of pursuing the application. 6. In the circumstances, the Civil Application and the A.O. are disposed of by the following order:- (i). The application for regularization along with all necessary documents including those mentioned in the communication dated 19.11.2007 shall be filed by the Appellant with the Execution Engineer (BP) City-III on or before 30.4.2008. In the event of such an application being made, the same shall be decided by the Executive Engineer (BP) City-III as expeditiously as possible. In the event of the orders being adverse against the Appellant, the same shall not be given effect to for a period of two weeks after the service thereof on the Appellant. Till such time, the Respondents shall maintain status-quo in respect of the said structure. (ii). The Appellant is also restrained from altering the said structure in any : 4 : manner whatsoever whether internally or externally irrespective of whether such alteration is temporary or permanent.