1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1 OF 2010 WITH CIVIL APPLICATION NO.1 OF 2010 Bijith Markarkandy )..Appellant Vs. Municipal Corporation of Greater Mumbai )..Respondent ---- Mr. J.M. Chodankar for the appellant. Mr.J.J.Xavier for the respondent/BMC. ---- Coram : R.S.MOHITE,J Date : 18th January, 2010 PC 1 This appeal has been filed by the original plaintiff against dismissal of his suit challenging notice under Section 55 of the MRTP Act. The entire record has been filed by way of compilation. On hearing both sides and upon perusing the record, it is seen that MS grill & MS gate have been constructed in such a manner that the open space around the building is encroached and exclusive use of the open space is taken by the plaintiff. It is contended that the plaintiff and his wife occupy two flats on the ground floor. It is also contended that society has no objection to the encroachment in the open space and had not made any complaint. Be that as it may, no authority or permission is obtained to effect any such encroachment. If making of such encroachment was permissible in law then it was expected that proper permission should have been taken before putting the same. Apart from this, this will affect the rights of the other flat owners of the building. If such 2 encroachment is allowed on the ground floor then it also constitutes the fire hazard in case fire occurs in the building. Advocate for the appellant states that if indulgence is shown and some protection is granted, he will apply for regularisation. I am not inclined to grant any indulgence. It is then contended that Section 55 of MRTP Act cannot be attracted to the work of MS grill. Perusal of the section 55 shows that it is attracted. Ambit of the section is very wide. In these circumstances, First Appeal is summarily rejected. CIVIL APPLICATION NO.1 OF 2010 1 As the First Appeal is rejected, Civil Application does not survive and stands disposed off accordingly. It is however made clear that after removing the offending structure, if the applicant wishes to apply for reconstruction, he may do so if any such permission is granted. (R.S.MOHITE,J) 3