: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1236 OF 2009 ALONGWITH CIVIL APPLICATION NO.1548 OF 2009 Indeerjeet Singh .. Appellant V/s. Municipal Corporation of Greater Mumbai .. Respondents Mr. Prashant Surve for the Appellant-Applicant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 8 TH DECEMBER, 2009. P.C.: 1. The trial Court has refused ad-interim relief to the appellant-applicant and hence this Appeal from Order. 2. The appellant-applicant had filed a Suit in the City Civil Court against the issuance of the notice dated 26th November, 2009, by which he was informed that the suit structure would be demolished by the respondent-Municipal Corporation as the appellant was unable to produce any authentic documents within the time stipulated in the show cause notice : 2 : issued under Section 351 of the Mumbai Municipal Corporation Act. Undisputedly, the notice issued to the appellant is dated 6th November, 2009. It is with respect to unauthorised construction of a mezzanine floor with M.S. Angle Cement Ladi Coba Flooring admeasuring 14 ft. X 20 ft. with height 6 ft. approximately. The appellant replied to this show cause notice on 16th November, 2009. However, it appears from the impugned order that the respondent-Municipal Corporation has referred to a show cause notice of 13th November, 2009. Besides, the respondent-Municipal Corporation has not considered the reply which was submitted by the appellant as the order reflects that the appellant has not replied to the notice. 3. It appears that the impugned order has been passed without any application of mind by the Assistant Commissioner, “K” West Ward. In these circumstances, in my opinion, the matter must be remanded to the Assistant Commissioner, “K” West Ward, for a hearing on the notice issued to the appellant on 6th November, 2009 under Section 351 of : 3 : the Mumbai Municipal Corporation Act. The Assistant Commissioner while giving a hearing to the appellant shall also consider the appellant’s reply and any other documents that he may produce to substantiate his claim that the suit structure is not unauthorized. 4. The appellant shall appear before the Assistant Commissioner, “K” West Ward, on 16th December, 2009 at 11 a.m. 5. The Assistant Commissioner, “K” West Ward, shall give a hearing to the appellant and will consider any documents that he may produce in support of his case. The Assistant Commissioner, “K” West Ward, shall pass appropriate orders, after giving a hearing, by 31st January, 2010. 6. Till then, the suit structure shall not be demolished by the respondent-Municipal Corporation. 7. The Appeal from Order is disposed of. : 4 : 8. In view of the above, Civil Application No.1548 of 2009 pending in the Appeal from Order does not survive and the same is dismissed. .......