1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 9 OF 2010 IN WRIT PETITION NO. 5633 OF 2009 Bhalchandra Tulshiram Koli. ... ... Petitioner. Versus The Municipal Corporation of Thane & Ors. ... ... ... Respondents. A N D Rajaram Laxman Shimpi & Ors. ... ... ... Applicants. Mr. K. S. Dewal for the Applicants. r.Mandar V. Limaye for Respondent No.1 Corporation. CORAM : D. D. SINHA and A. A. SAYED, JJ. DATED : 7TH JANUARY, 2010. P. C.: Heard learned Counsel appearing for the applicants as also the learned Counsel appearing for the Respondent Corporation. 2. This civil application is moved by the applicants seeking clarification / modification of the order dated 6th October, 2009 passed by this court as well as the notices dated 9th November, 2009 and 30th November, 2009 issued by respondent No.1 Corporation to the applicants. 3. Learned Counsel for the applicants submitted that by the order dated 6th 2 October, 2009 this Court has disposed of the Writ Petition No. 5633 of 2009 and granted liberty to the Corporation to proceed against the applicants in accordance with law. However, the Corporation while issuing the above referred notices, mentioned in the said notices that this Court directed them to demolish the building in which the applicants are residing. The learned Counsel for the applicants, therefore, contended that these observations were never made by this Court in the order. Hence the applicants moved the application for clarification of the order dated 6th October, 2009 passed by this Court. 4. Learned Counsel for the Corporation has submitted that without going into the controversy in issue, on the basis of the instructions received from Mr. Mangal Shinde, Assistant Municipal Commissioner, Navpada Ward Committee, who is present in Court, the applicants shall be given hearing pursuant to the said notices and also will be given full opportunity to produce the evidence in their defence and shall take independent decision on the basis of the same. 5. In the backdrop of the above referred facts, particularly in view of the statement made by the learned Counsel appearing for the Corporation on the basis of the instructions received from the Authority concerned, the Corporation is ready and willing to follow the principles of natural justice before taking any decision pursuant to the show cause notices issued to the applicants. 6. The learned Counsel for the applicants states that the applicants, those who are residing in the building, are residing there at their own risks till such 3 time the order is passed by the Corporation as aforesaid. 7. In the circumstances, till the order is passed by the Authorities of the Corporation pursuant to the show cause notices dated 19th November, 2009 and 30th November, 2009 the parties to maintain status quo. The applicants to appear before the Authorities concerned on 18th January, 2010 at 11.00 a.m. 8. With the above observations, no further action is necessary. The Civil Application is disposed of, accordingly. Sd/- (D. D. SINHA, J.) Sd/- (A. A. SAYED, J.)