1 fa1152-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION FIRST APPEAL NO. 1152 OF 2011 ALONGWITH CIVIL APPLICATION NO. 1174 OF 2010 Dnyan Prasarak Shikshan Sanstha's Sandesh Vidyalaya .. Appellant V/s. The Municipal Corporation of Greater Mumbai & Ors. .. Respondents ..... Mr. Yadunath Choudhari for the appellant. Mr. Vinod Mahdik for respondent – BMC. ..... CORAM : A.S.OKA, J. DATE : SEPTEMBER 16, 2011. P.C.: The learned counsel appearing for the appellant on instructions of the appellant seeks permission to withdraw the Appeal. He states that apart from the pending proposal for the regularization of the structure, the appellant desires to file a fresh proposal for regularization to the concerned Executive Engineer (Building Proposals). Hence, I pass the following order: :: O R D E R :: i. Appeal is dismissed as unconditionally withdrawn. 2 fa1152-11 ii. It will be open for the appellant to file an application for regularization of the offending structure to the concerned Executive Engineer (Building Proposals) of the first respondent- Corporation within a period of eight weeks from today. The application shall be filed through a licenced Architect. iii. If the application for regularization is filed within three months from today, the said officer of the respondent Corporation shall decide the same within a period of three months from the date of filing the application. iv. Order passed on the proposal of regularization shall be communicated either to the appellant or to his Architect within a period of one week from the date of passing of the order. v. Ad-interim relief granted by this Court on 29th March, 2010 will continue to operate till the disposal of the application for regularization. If the order passed by the respondent is adverse to the applicant, the ad-interim relief will continue to 3 fa1152-11 operate for the period of six weeks from the date on which the decision is communicated to the applicant or to his licenced Architect, whichever is earlier. vi. If the appellant fails to apply for regularization within a period of eight weeks from today, it will be open for the respondent to proceed with the action of demolition. vii. There will be no order as to costs. viii. Civil Application No.1174 of 2010 does not survive and the same is disposed of. (A.S.OKA, J.)