IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.918 OF 2009 Vivek Co-operative Housing Society Ltd. ... Petitioner Versus Municipal Corporation of Greater Mumbai and another. ... Respondents Mr. P.J. Thorat for the petitioner. Ms. Geeta Jogalekar for the BMC. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 31ST JULY, 2009 P.C. The learned counsel appearing for the petitioner on instructions of the authorised officer of the society present in court submits that the writ petition could be disposed of by accepting the undertaking of the occupants/members that they would demolish the unauthorised structure within six months from today and restore the property to its original condition consistent with the approved plan. 2. The aforesaid statement is acceptable to the Corporation. The leaned counsel for the Corporation has stated so after taking instructions from the officers present in court. 3. The writ petition is, therefore, disposed of subject to the condition that the petitioner shall file undertaking of all the occupants/members of the society in this court to the above effect within two weeks from today. The protection given by this order shall cease to exist after six months, if the petitioner fails to demolish the construction within six months, the Corporation would be at liberty to demolish the unauthorised structure after such period. Similarly, the protection will enure only to those occupants/members of the society who file their undertaking within the specified time. The Corporation will be free to proceed against the disputed structures of those occupants/members who fail to file undertaking within specified time. Ordered accordingly. CHIEF JUSTICE A.M. KHANWILKAR, J.