1 ao984.group.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 984 of 2011 WITH CAA No. 1309 of 2011 IN AO 984 of 2011 Mrs. Hemlata Sawant ...Appellant v/s. The Municipal Corporation for Greater Mumbai & anr. ...Respondents WITH Appeal from Order No. 985 of 2011 WITH CAA NO. 1310 OF 2011 IN AO 985 OF 2011 Mrs. Keena P. Desai ...Appellant v/s. The Municipal Corporation for Greater Mumbai & anr. ...Respondents WITH Appeal from Order No. 986 of 2011 WITHCAA No. 1311 of 2011 IN AO 986 of 2011 Mr. Champaklal Poladia ...Appellant v/s. The Municipal Corporation for Greater Mumbai & anr. ...Respondents WITH Appeal from Order No. 987 of 2011 WITH CAA No. 1312 of 2011 IN AO 987 of 2011 Mr. David Moses ...Appellant v/s. The Municipal Corporation for Greater Mumbai & anr. ...Respondents 2 ao984.group.sxw WITH Appeal from Order No. 988 of 2011 WITH CAA NO. 1313 OF 2011 IN AO 988 of 2011 Mr. Kantilal D. Mahida ...Appellant v/s. The Municipal Corporation for Greater Mumbai & anr. ...Respondents Mr. V.P. Sawant i/b. Rajesh Singh for the appellants in all matters. Mr. N.V. Walawalkar, Sr. Counsel with Mrs. K.K. Soran for BMC. Mr. R.A. Thorat, Sr. Counsel a/w. R.D.Soni with Bipin Joshi i/b. Advocate Bhosale for respondent no.2. CORAM: R.M. BORDE, J. 21st September, 2011 PC: The learned Counsel appearing for appellants on instructions makes a statement that his clients are desirous of adopting a remedy of tendering an application seeking regularization of alleged unauthorized development. The respective appellants shall tender an appropriate application as contemplated by Section 53(3) of the Act alongwith necessary supporting documents and the Appropriate Authority shall consider such an application/proposal tendered by the appellants within specified period. It is the contention of the appellant that although the impugned notice issued is under Section 55 of the Act, the construction being of a semi permanent nature, the provisions of Section 53 are attracted. There is no dual opinion about maintainability of an application that 3 ao984.group.sxw would be tendered by the respective appellants invoking powers under Section 53(3) of the Act. 2. The Counsel appearing for Municipal Corporation assures that if such a proposal/application is tendered, the same shall be decided in accordance with provisions of law. The application/proposal shall be tendered to Executive Engineer of Ghatkopar area alongwith necessary documents. 3. If such an application is tendered within a period of four weeks from today, the same shall be considered in accordance with provisions of law. The Municipal Corporation shall not take any adverse action against the petitioner for a period of four weeks from today. It will be open for the appellant to apply for protection for further period to the official concerned during the pendency and disposal of the proposal/application seeking regularization. If any adverse order is passed by the Authorised Officer, the same shall not take effect for the period of two weeks so as to enable the appellant to adopt appropriate remedy. 4. All the Appeals from Order stand disposed of. 5. In the event, the appellant fails to tender appropriate application or forward appropriate proposal to the Authorised Officer within a period of four weeks from today, it will be open for the Municipal Corporation to take appropriate measures as permissible in accordance with provisions of law. 6. Appeals from Order stand disposed of. 4 ao984.group.sxw 7. In view of disposal of Appeals from Order, pending Civil Applications in the respective Appeals from Order also stand disposed of. (R.M.BORDE, J)