-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No.491 of 2007 In L.C. Suit No.4045 of 2001 Dr.Ramesh B. Malhotra. .. .. .. Appellant v/s. The Municipal Corporation of Gr.Bombay. .. Respondent Mr.Sanjay Malhotra for Appellant. Party in person, present. Mrs.Nisha Dabhade for BMC. ------ CORAM CORAM CORAM : SMT.ROSHAN DALVI, J. SMT.ROSHAN DALVI, J. SMT.ROSHAN DALVI, J. DATED : 13th April, 2007 DATED : 13th April, 2007 DATED : 13th April, 2007 P.C. : P.C. : P.C. : 1. The Appellant challenges the judgment passed by the Judge of the Bombay City Civil Court on 3.10.2005, dismissing the Plaintiff’s Suit. The Plaintiff is Appellant herein. The Suit was for protection of the Plaintiff’s structure which was required to be demolished under the Notice issued under Section 351 of the B.M.C. Act. The notice was in respect of A.C. Sheet roof shed in the compulsory open space of the building. No structure in a compulsory open space of the building can be constructed. 2. It is the Appellant’s case that his structure was regularized. The Appellant does not have the regularization certificate. The Appellant’s Advocate has produced two -2- circulars of the BMC, under which the Appellant claims protection of his structure. The circulars are not for any shed in the compulsory open space of any building. The circulars are for otla enclosed under the balconies of the upper floors or for the balconies enclosed. The notice is in respect of the independent structure. 3. The learned Judge has considered each of the aspects of the case with regard to the impugned structure under the notice challenged in the Suit. Appeal is dismissed. 4. No interim orders have been passed on Civil Application No.661 of 2007. In view of the order passed in the Appeal, the Civil Application stands disposed of as infructuous. (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.) (SMT. ROSHAN DALVI, J.)