: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.121 OF 2008 WITH NOTICE OF MOTION NO.507 OF 2008 IN B.C.C.C. L.C. SUIT NO.580 OF 2007 Sanjay Kantaprasad Gupta & Ors. ..Appellants/ (Orig.Plffs.) Vs. Brihanmumbai Mahanagarpalika & Anr. ..Respondents/ (Orig.Defts.) Mr.P.M.Havnur for the Appellants. Mrs.Geeta Joglekar for the Respondents/BMC. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 16TH APRIL, 2008 DATED : 16TH APRIL, 2008 DATED : 16TH APRIL, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The learned Judge has proceeded on the basis that the Appellants are protected in view of an order dated 19.1.2005 in Writ Petition No.2204 of 2005. By that order the Appellants (Petitioners therein) were directed to approach the Deputy Collector (Encroachment) to establish that they were occupying the structure prior to 1995. 3. Thereafter, notices under Section 314 have been issued by the Respondents. There is some dispute as to whether the notices have been replied to or not. : 2 : Considering the order I intend passing, it is not necessary for me to go into this dispute. Even if the notices were not replied, there is a possibility that this was due to the Appellants believing that the representations were to be made pursuant to the said order dated 19.1.2005. 4. The Respondents now contend that the notices under Section 314 have been issued in respect of the structure which stand on the land owned not by the Collector but by the Respondents. The land is reserved for a garden. The Respondents further contend that after the issuance of the notice under Section 314, the structures have been demolished twice. Mr.Havnur however contends that the demolition was of the adjoining structure. These disputes will be decided by the concerned authority as directed hereafter. 5. The Appeal from Order is disposed of by the following order :- i) The Appellants shall reply to the notices under Section 314 on or before 30th April, 2008. : 3 : ii) There shall be a separate reply for each notice under Section 314 and a separate order shall be passed in respect of each Appellant. iii) If the order is adverse to the Appellants, no adverse action shall be taken against the Appellants for a period of two weeks after the service thereof on the Appellants. iv) The Appellants are permanently restrained from altering the suit structures in any manner whatsoever either internally or externally, whether by way of temporary alterations or permanent alterations. The Appellants have no objection to this. v) The repairs, if any, shall be carried out only after obtaining the prior permission from the concerned authorities. No repairs shall be carried out without the permission of the concerned authorities. 6. The Appeal from Order and the suit stands disposed of in terms of this order. 7. All parties are directed to act on an ordinary : 4 : copy of this order duly authenticated by the Sheristedar/Personal Assistant.