1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION FIRST FIRST FIRST APPEAL APPEAL APPEAL (ST) No.21803 of 2007 (ST) No.21803 of 2007 (ST) No.21803 of 2007 with with with CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO.4877 OF 2007 NO.4877 OF 2007 NO.4877 OF 2007 Nazirabai Nazirabai Nazirabai D.Shaikh D.Shaikh D.Shaikh ..Appellant ..Appellant ..Appellant vs vs vs Brihanmumbai Brihanmumbai Brihanmumbai Municipal Municipal Municipal Corpn.. Corpn.. Corpn.. ..Respondents ..Respondents ..Respondents Mr.D.S.Halwai Mr.D.S.Halwai Mr.D.S.Halwai i/b i/b i/b M/s M.P.Vashi & Associates M/s M.P.Vashi & Associates M/s M.P.Vashi & Associates for for for Appellant Appellant Appellant Mr.J.J.Zavier Mr.J.J.Zavier Mr.J.J.Zavier for for for Respondents Respondents Respondents CORAM CORAM CORAM : : : A.S.OKA, A.S.OKA, A.S.OKA, J J J DATED DATED DATED : : : 31st 31st 31st January, 2008 January, 2008 January, 2008 A P.C. P.C. P.C. 1.1.1. Affidavit of the appellant is taken on record Affidavit of the appellant is taken on record Affidavit of the appellant is taken on record and and and marked X for identification. In view of the marked X for identification. In view of the marked X for identification. In view of the affidavit, affidavit, affidavit, following order is passed : following order is passed : following order is passed : O R D E R R D E R R D E R Ist Ist Ist Appeal and C.A.No.4877 of 2007 stands Appeal and C.A.No.4877 of 2007 stands Appeal and C.A.No.4877 of 2007 stands dismissed dismissed dismissed as withdrawn. as withdrawn. as withdrawn. Notwithstanding Notwithstanding Notwithstanding dismissal dismissal dismissal of the appeal, of the appeal, of the appeal, ititit will be open for the appellant to apply will be open for the appellant to apply will be open for the appellant to apply for for for regularisation to the concerned regularisation to the concerned regularisation to the concerned authority authority authority of the respondent-Corporation. If of the respondent-Corporation. If of the respondent-Corporation. If the the the application is made within a period of application is made within a period of application is made within a period of six six six weeks from today, the suit/structure weeks from today, the suit/structure weeks from today, the suit/structure shall shall shall not be demolished for a period of 20 not be demolished for a period of 20 not be demolished for a period of 20 weeks weeks weeks from from from today. today. today. 2 IfIfIf such such such an application is made within the an application is made within the an application is made within the aforesaid aforesaid aforesaid period, concerned authority will period, concerned authority will period, concerned authority will decide decide decide the the the same on its own merits within the same on its own merits within the same on its own merits within the period period period of 8 weeks from the date of receipt of 8 weeks from the date of receipt of 8 weeks from the date of receipt of of of the application. Order passed in the the application. Order passed in the the application. Order passed in the said said said application shall be intimated either application shall be intimated either application shall be intimated either toto to the Architect of the appellant or to the the Architect of the appellant or to the the Architect of the appellant or to the appellant. appellant. appellant. IfIfIf the appellant fails to apply for the appellant fails to apply for the appellant fails to apply for reguarisation reguarisation reguarisation within within within the stipulated time, it the stipulated time, it the stipulated time, it isisis open for the respondent-Corporation to open for the respondent-Corporation to open for the respondent-Corporation to proceed proceed proceed with with with the demolition on expiry of the the demolition on expiry of the the demolition on expiry of the period period period of six weeks from today. of six weeks from today. of six weeks from today. All All All concerned to act on an authenticated copy of concerned to act on an authenticated copy of concerned to act on an authenticated copy of this this this order. order. order. (A.S.Oka, (A.S.Oka, (A.S.Oka, J) J) J) 3