: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LDG) NO.3086 OF 2005 Satish Hirji Niser .. ..Petitioner Versus Municipal Corporation of Gr.Bombay & Ors..Respondents Mr.P.J.Thorat for petitioner Mrs. A.R.Joshi for respondents CORAM : P.V.KAKADE, J. DATE : 23rd DECEMBER,2005 MENTIONED NOT ON BOARD P.C.: . Heard the learned counsel for both the parties. The learned counsel for the respondents waive service. Perused the record. : 2 : . Rule, rule made returnable forthwith by consent. 1. The Petitioner is permitted to file reply/additional reply to the impugned Notice dated 2.5.2005, bearing No.KW/351/906/BF passed under Section 351 of the Mumbai Municipal Corporation Act, 1888 in respect of Unit No.29-M, Laxmi Industrial Estate, Andheri (West), Mumbai 400 058, within a period of two weeks from today. 2. The Petitioner No.3 shall consider the reply/additional reply along with the documentary evidence filed by the Petitioner by giving a personal hearing to the petitioner and shall pass appropriate order within a period of four weeks of filing such reply/additional reply. 3. In the event the order passed by the respondent no.3 is adverse to the petitioner, the respondents shall not take any action of demolition and/or removal of any portion of the mezzanine floor of the aforesaid unit for a further period of six weeks from the date of communication of the order passed by the Respondent no.3 as per clause no.2 hereinabove, in order to enable the : 3 : petitioner to issue a prior notice under Section 527 of the Mumbai Municipal Corporation Act, 1888 before filing/instituting a suit before the appropriate Forum. 4. The respondents shall not take any action of demolition and/or removal of any part of the mezzanine floor which is the subject matter of the impugned notice in respect of the aforesaid unit till the period as mentioned in clauses 2 and 3 expires. 5. It is clarified that this order should not be construed as permission to make reconstruction. 6. Writ Petition is disposed off accordingly. 7. No order as to costs.