[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLN. NO.5387 OF 2008 CIVIL APPLN. NO.5387 OF 2008 CIVIL APPLN. NO.5387 OF 2008 IN IN IN F.A.NO.176 OF F.A.NO.176 OF F.A.NO.176 OF 2009 2009 2009 Paras Baldev Yadav ..Applicant Vs. Shreeji Chambers Premises Co.Op.& Anr. ..Respondents .... Mr.R.A.Thorat with Shri.V.K.Gupta i/b Gupta and Gupta for Appellant Smt.Usha R.Tiwari for Respondent No.1 .... CORAM:SMT.V.K.TAHILRAMANI,J. CORAM:SMT.V.K.TAHILRAMANI,J. CORAM:SMT.V.K.TAHILRAMANI,J. DATE :APRIL 2, 2009 DATE :APRIL 2, 2009 DATE :APRIL 2, 2009 1. Heard. 2. The matter pertains to the structure which is at the gate of the Respondent-society. The case of the Respondent-society is that entire structure is unauthorised and illegal. The trial Court has held that structure is unauthorised. It is an admitted fact that as of today the structure is in existence. 3. The learned advocate for the appellant states that he will not make any further [-2-] construction. Statement is accepted. The learned advocate for the appellant seeks further relief that structure should not be demolished by Municipal Corporation for Greater Mumbai. However, as far as this aspect is concerned, if the Corporation finds that structure is unauthorised, it would be open to the Corporation to demolish the same after following due process of law. In case, the Corporation demolishes the structure after following due process of law, the appellant shall not reconstruct any structure at the said site. 4. Application is disposed of in above terms. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]