1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2175 OF 2008 WITH CIVIL APPLICATION NO. 5621 OF 2008 Surendra G. Surana ........Appellant versus The Mun.Corpn. Of Gr. Bombay........ Respondents. Mr. J.J. Shah adv. for the Appellant Mr. J.J. Xavier adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 24th MARCH, 2009. P.C.: 1. By consent of parties, appeal is taken up for final disposal. 2. The respondent Corporation issued a notice under section 354-A of BMC Act directing the appellant to stop the construction work. Aggrieved by the said notice the appellant instituted a suit for declaration and injunction. The declaration sought for is to the effect that the notice is illegal. The trial court on appreciation of evidence on record has dismissed the suit and aggrieved thereby the present first appeal is filed. The learned counsel for the appellant placing reliance on Exh.D page 11 of the compalition submits that the Corporation had already taken a decision to regularise the construction subject to payment of sum of Rs. 10,000/-. On that footing the learned counsel submits that the appellant would approach the Deputy Municipal 2 Commissioner of the Corporation, Zone-II with a request to regularise the construction within a period of eight weeks from today and the BMC be directed to take a decision on the said representation in accordance with the law within the stipulated period. The learned counsel appearing for the respondent Corporation has no objection to this course being followed for disposal of the appeal. In the result, by consent of parties the appeal is partly allowed. The appellant is permitted to move a representation to BMC, Zone II for regularisation within a period of eight weeks from today. The Deputy Municipal Commissioner shall pass an appropriate order in accordance with the law on the said representation within a period of eight weeks from the date of receipt of representation uninfluenced by the observations made by the trial court and communicate the order to the appellant within a period of two weeks from the date of passing of order. Till passing of the order by the Deputy Commissioner, parties are directed to maintain statusquo in regard to the suit property. The appeal is disposed of in the above terms with no order as to costs. 3. In view of the disposal of the first appeal, nothing survives in the civil application, and the same is also disposed of. (A. P. DESHPANDE, J.)