1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO. 5119 OF 2008 CIVIL APPLICATION (STAMP) NO. 5119 OF 2008 CIVIL APPLICATION (STAMP) NO. 5119 OF 2008 IN APPEAL FROM ORDER (st) NO. 5117 OF 2008 Shri Deven Raghani & Anr. ... Applicants (Org.Appellant) Versus Municipal Corporation of Greater Bombay ... Opponent (Org. Opponent) Mr.V.A.Thorat, Senior Counsel a/w. Mr. P.J.Thorat, for Mr. Rahul D. Thorat, Advocates, for the applicants. Mrs. Geeta Joglekar, Advocate, for the respondent NO.1-BMC. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. DATE: 29th February,2008. DATE: 29th February,2008. DATE: 29th February,2008. P.C. P.C. P.C. 1. Civil Application and the A.O. be registered. 2. Heard learned Counsel for the parties. 3. The Municipal Corporation issued a notice under Section 351 of the B.M.C. Act to the plaintiffs-appellants on 17.1.2008 to explain within 7 2 days from the date of receipt of notice as to why they should not be required to demolish the unauthorised structure. It appears that the reply dated 23.1.2008 was forwarded to the Municipal Corporation, but it was received on 28.1.2008. As it was received late, the concerned authority passed the impugned order on 30.1.2008 without considering the reply and also without giving an opportunity of hearing to the plaintiffs-appellants. In such circumstances, the plaintiffs filed L.C. Suit No.292 of 2008 and took out a Notice of Motion to stay the operation of the impugned order dated 30.1.2008. 4. After discussion at the Bar, the learned Counsel for the respondent-Corporation makes a statement that if the plaintiffs-appellants appear before the concerned authority on the date fixed by this Court with all the relevant documents, the concerned authority shall consider the explanation and documents with them and pass appropriate order on the notice issued on 17.1.2008. 5. In view of the above, with consent of the learned Counsel for the parties, the Appeal as well as the Civil Application stand disposed of with the following directions :- 3 (i) The plaintiffs-appellants themselves or through their representative shall appear before the concerned Assistant Municipal Commissioner on 7.3.2008 with all the relevant documents and the Assistant Municipal Commissioner shall thereafter consider their reply dated 23.1.2008 and all the documents which may be produced and pass fresh appropriate order on the notice issued on 17.1.2008. That fresh order will substitute the order already passed on 30.1.2008. (ii) In view of this, the respondents shall not act upon the order passed on 30.1.2008. (iii) No action shall be taken against the plaintiffs-appellants on the basis of the notice dated 17.1.2008 till the fresh decision is given by the Assistant Municipal Commissioner by passing the appropriate order and communicated to the plaintiffs-appellants. (iv) The Plaintiffs shall appear before the trial Court and withdraw the suit also. 4 (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)