: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.970 OF 2008 Devchandra M. Koli ... Appellant V/s. Municipal Corporation of Gr. Mumbai ... Respondent Mr.A.M. Saraogi for Appellant Ms.K.K. Soraan for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: JANUARY 18, 2010 P.C.: 1. The appellant has approached this Court against the order passed by the trial Court on 17.7.2008. By this order the notice of motion filed by the appellant plaintiff has been dismissed. 2. A notice u/s 354A of the Mumbai Municipal Corporation Act was issued to the appellant alleging that the appellant had carried out unauthorised reconstruction of house No.341-AA, Sonapur Lane, Worli Koliwada, Worli, Mumbai-30. That notice was issued on 31.1.2008. On the next date, the appellant submitted his reply contending that he was not carrying out any reconstruction work but was repairing the premises since they were in a dilapidated condition and were therefore precariously placed. : 2 : 3. The trial Court has dismissed the Motion on the ground that the photographs which were produced falsify the contention of the appellant that he had not reconstructed the structure. 4. Assuming this to be so, once the structure is in existence it would be necessary for the Corporation to take action in accordance with law if the structure is unauthorised. Therefore in my opinion, the appeal must be allowed and the structure which is today in existence will have to be protected till the suit is finally disposed of. However this would not mean that the Corporation cannot exercise its powers, in accordance with law, in respect of the structure if it is found to be unauthorised. 5. Accordingly, the appeal is allowed. Status quo as of today be maintained with respect to the structure. The Corporation may file its written statement within four weeks from today. The Corporation may take such action as is permissible in law if so advised in respect of the suit structure, even during the pendency of the suit. However, if such action finally leads to an order for the demolition of the structure being passed, it shall not be acted upon without the leave of the trial Court, in case the suit is still pending. 6. Appeal is disposed of accordingly. 7. In view of the disposal of the Appeal from Order, Civil application No.1176 of 2008 does not survive and the same is disposed of accordingly.