1 ao1047.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. Appeal from Order No. 1047 of 2011 WITH Civil Application No. 1398 of 2011 in AO 1047 of 2011 The Asst. Municipal Commissioner E/Ward Municipal Corporation of Gr. Mumbai & ors. ...Appellants v/s. Modern India Limited ...Respondent Ms. K.K. Soran for BMC. Mr. Raj Patil with Ms. Deeksha Dadwal i/b. M/s. Hariani & co. for the respondent. CORAM: R.M. BORDE, J. 04th October, 2011 PC: The Counsel for the Appellant has brought to my notice a communication issued by the Executive Engineer (BP) City No. 2 dated 30th September, 2011 wherein it is stated thus:- “ With reference to above, this office has granted approval for regularization of change of user and interior work in existing 1st and 2nd floor and mezzanine floor on 2nd floor of existing building known as “Modern Center” on property bearing C.S.No.7/1895 of Byculla Division of sub divided plot ‘D’ at K.K.Marg, Byculla. The copy of which is forwarded herewith for your perusal please. Application for regularization of change of user on Ground floor is not yet processed as the owner has not handed over possession of R.G.area to M.C.G.M. Admeasuring 1163.34 Sq. Mt. as per provision of D.C. Regn.58(1)(b).” 2. It is the contention of the respondent that a necessary proposal has been 2 ao1047.11.sxw tendered to the Municipal Corporation and the same is under consideration. Sofar as the question of regularization of change of user of ground floor is concerned, the same can be processed after the owner hands over the possession of R.G. Area to the Municipal Corporation. 3. The Counsel appearing for the respondent states that necessary steps are being taken and it would be for the Corporation to process the application and to take a decision in that regard. The Corporation shall render a decision in the matter in accordance with provisions of Law within twelve weeks from today. The Appeal from Order does not deserve consideration in view of the decision taken by the Corporation on 30th September, 2011 which is quoted as above. 4. The Appeal from Order stand disposed of. In view of disposal of Appeal from Order, civil application do not survive and stand disposed of. (R.M.BORDE, J)