-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.517 OF 2008 APPEAL NO.517 OF 2008 APPEAL NO.517 OF 2008 Chandrabhan Subhraj Rohara ...Appellant vs. Mumbai Municipal Corporation of Greater Bombay ...Respondent Mr.S.S.Redekar for the Appellant Mr.J.J.Xavier for the Respondent. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 19, 2008. : MARCH 19, 2008. : MARCH 19, 2008. P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. Affidavit of the Appellant is taken on record and marked ‘X’ for identification. In view of the Affidavit of the Appellant which is taken on record, following order is passed: i) Appeal is dismissed with no order as to costs. ii) If an application for regularisation of the suit structure is made by the Appellant to the concerned Authority of the Respondent-Corporation within a period of six weeks from today, the same shall be decided by the concerned Authority within a period of eight weeks from the date of receipt of the same. The proposal for regularisation shall be decided on its own merits. -2- iii) The order passed on the said proposal shall be communicated to the Architect of the Appellant within a period of one week from the date of passing the order. iv) If application for regularisation is made within stipulated period, for a period of 20 weeks from today, the action of demolition shall not be taken in respect of the suit structure. v) If the Appellant fails to apply for regularisation of the suit structure, it will be open for the Respondent-Corporation to proceed with the action of demolition on completion of period of six weeks from today. vi) In view of dismissal of the Appeal, Civil Application No.1304 of 2008 does not survive and the same is disposed of. JUDGE JUDGE JUDGE