((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.26 OF 2008 Vishnu Keshav Patel Petitioner versus Municipal Corpn. of Greater Bombay Respondent Dr.Diwakar Dwivedi for petitioner. CORAM : A.M.KHANWILKAR, J. DATE : 09th January 2008 PC : 1. In this petition the notice issued under the signature of Assistant Engineer (K/East), Municipal Corporation of Greater Mumbai dated 8th August 2008 has been challenged. According to the petitioner, the structure under reference, as mentioned in the said notice, is indeed standing on pre-existing septic tank. However, that septic tank is no more in use for over last forty years. This specific stand is not taken in the writ petition. The fact remains that the petitioner concedes before this Court that the structure under reference is unauthorised. In that, it has been erected without taking prior ((-2-)) MST permission of any competent authority. He however, submits that there is possibility of regularising the said structure. 2. Counsel for the Corporation doubts the correctness of this submission. However, that aspect will have to be left to the competent authority. 3. In the circumstances, this petition is dismissed as not pressed with clear understanding that the petitioner shall apply to the Executive Engineer (Building Proposal), West Suburbs within one week from today. The petitioner shall submit proposal which is in due compliance with the extant rules to the said authority within specified time. The competent authority may take appropriate decision on the said decision on its own merits in accordance with law as early as possible and preferably within four weeks from the date of its receipt. Till such decision is taken, no precipitative action shall be taken in respect of the said structure by the officers of Corporation. If any adverse order is passed by the competent authority, that may not be given effect to for a period of one week from the date of its communication to the petitioner. ((-3-)) MST 4. The petitioner to pay costs of this litigation to the respondent Corporation quantified at Rs.7,500/- (Rs.Seven thousand five hundred only). Payment of costs is condition precedent for showing indulgence as recorded earlier, within one week. Costs be paid to the Legal Department of Corporation within one week from today. (A.M.KHANWILKAR, J.)