1 F.A. No.1469-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1649 OF 2010 WITH CIVIL APPLICATION NO.4157 OF 2010 Mr Abdul Samad Abubakar .. Appellant Vs The Municipal Corporation of Greater Mumbai .. Respondent Mr.G.S.Bhat, for the appellant. Mr Vinod Mahadik, for the respondent-BMC CORAM : D.B.BHOSALE, J. DATE : 28/10/2010 PC: 1. Heard learned counsel for the parties. 2. Learned counsel for the appellant submits that he has instructions not to press this appeal on merits and seeks liberty to the appellant to approach the concerned authority for alternate accommodation. According to the appellant, the suit structure has been in existence since prior to 1.1.1964. Mr Bhat, learned counsel for the appellant, submits that the appellant is entitled for alternate accommodation as per the Government scheme/policy since, according to the respondent, the suit structure is on the guttar (drainage). Learned counsel for the T 2 F.A. No.1469-10 corporation has no objection for allowing the appellant to make such application/representation to the concerned authority. After having heard learned counsel for the parties, I am satisfied that the following order shall meet the ends of justice. However, I make it clear that I am passing the following order without examining merits of the appellant's claim and/or expressing any opinion in respect of the claim of the appellant for alternate accommodation: The appellant is allowed to make representation/ application to the Assistant Commissioner ("N"Ward), Mumbai Municipal Corporation for seeking alternate accommodation in lieu of the notice structure within a period of six weeks from today. It is open to the appellant to place on record all supporting documents along with his application/representation to establish that the notice structure has been in existence since prior to 1.1.1964. The Assistant Commissioner ("N" Ward) shall consider the representation/application of the appellant and decide the same within a period of 12 weeks from the date of receipt of the representation/application. If the appellant expresses desire for personal hearing, the Assistant Commissioner may afford him an opportunity of being heard. In any case, this entire exercise will have to be completed within a period of 18 weeks from today. For a period of 18 weeks, the 3 F.A. No.1469-10 corporation shall not take any coercive action against the notice structure. It is made clear that it would be open to the corporation to execute the notice if the appellant fails to make representation/application within the stipulated time. It is further made clear that the protection granted by this order is only to enable the appellant to make representation/application, as aforementioned, so also to enable the concerned authority to decide the same. The judgment and order impugned in the present appeal stands confirmed. It would be open to the corporation to remove the structure after 18 weeks from today. The First Appeal is disposed of. As a consequence thereof, the civil application also stands disposed of. (D. B. Bhosale, J.)