gst 1 ao75.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 75 OF 2011 Smt.Smita Shah & Anr. ... . ..... ..Appellant. V/s Mun. Corpn. Of Gr. Bombay.... ..... ..Respondent. Mr.H.S.Shripad Murthy i/by Ketan A Chothani, Adv. For the appellant. Mrs.K.K.Soraan, Adv. For BMC. CORAM: B.R. GAVAI, J. 2nd February., 2011 PC: The appeal challenges the order dated 5.1.2011 vide which ad-interim relief has been refused. 2. Learned counsel for the appellant submits that the notice is given for consideration of mezzanine floor. As per the policy of the Corporation mezzanine structures which are constructed prior to 1997 can be regularized. It is submitted that the said mezzanine floor is constructed much prior to 1997. 3. In that view of the matter the appeal so also the suit can be disposed of with following directions. 4. The appellant shall submit a proposal for regularization of the structure in question to the Executive Engineer (Building Proposal) Byculla. On receipt of such proposal the said authority shall consider the same and decide it within gst 2 ao75.11.sxw a period of six weeks therefrom. It is made clear that in the event if construction of the appellant is found to be of such nature which can be regularized on payment of some penal charges, the appellant shall immediately pay such charges. 5. Till the receipt of the order passed by the Authority concerned and in the event of an order adverse to the interest of the appellant is passed, for a period of three weeks thereafter the respondent shall not take any coercive action against the appellant. The appeal as well as the suit stand disposed in aforesaid terms. 6. In view of disposal of appeal, Civil Application No.110 of 2011 does not survive and the same also stands disposed of.