ash 1 fa-876.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.876 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Ashotosh Singh for the Appellant. Shri Vinod Mahadik for the BMC. -- CORAM : A.S.OKA, J. DATE : 26TH JULY, 2011 P.C.: . Learned counsel appearing for the Appellant seeks permission to unconditionally withdraw the Appeal. He, however, prays that the Appellant may be permitted to apply for regularisation of the offending structure. 2. Hence, I pass the following order: ORDER: (a) The Appeal is dismissed as withdrawn. (b) It will be open to the Appellant to apply for regularisation of the offending structure by making ash 2 fa-876.11 an application to the Executive Engineer ( Building Proposals) of the Respondent – Corporation within a period of three months from today. (c) Such application shall be filed through a licensed Architect. (d) The Application shall be decided by the Respondent – Corporation within a period of three months from the date on which the said application is made. (e) The Application/Proposal shall be decided by the Respondent–Corporation on its own merits. The order passed thereon shall be communicated by the Respondent-Corporation either to the Appellant or to his Architect within a period of one week from the date of passing the order. (f) Ad-interim relief granted by this Court will continue to operate till the disposal of the Application for regularisation. In the event the order ash 3 fa-876.11 passed on the application for regularisation is adverse to the Appellant, for a period of six weeks from the date of communication of the said order to the Appellant or his Architect, whichever is earlier, the ad-interim relief will continue to operate. (g) If the Appellant fails to make an application for regularisation within a period of three months from today, the ad-interim relief will operate and it will be open for the Respondent – Corporation to proceed with the demolition. (h) The Civil Application No.1691 of 2011 does not survive and the same is disposed of. (A.S.OKA, J)