1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2240 OF 2007 WRIT PETITION NO. 2240 OF 2007 WRIT PETITION NO. 2240 OF 2007 ....................................................... Office Notes, Office Memoranda . of Coram, appearances, Court’s . Orders or directions and . Registrar’s Order Court’s or Judge’s Order ....................................................... Mr.Zuben Behram Kamdin with K.Tamboly i/b. M/s.Wadia Ghandy & Co. for the Petitioner. Mr.D.A.nalawade, G.P. for Respondent No.2. Mr.S.p.Thorat for Respondent No.1. Ms.Shobha A.Kumar for Respondent No.3. CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND CORAM : J.N.PATEL AND S.S.SHINDE, JJ. S.S.SHINDE, JJ. S.S.SHINDE, JJ. DATE : 24TH MARCH, 2008. DATE : 24TH MARCH, 2008. DATE : 24TH MARCH, 2008. P.C.:- P.C.:- P.C.:- . Heard. 2. The learned counsel appearing for the Petitioner was required to approach this Court as the Respondent inspite of there being a decision of this Court on the subject failed to issue N.O.C. regarding the structural repairs to be carried out to the subject building i.e. Lal Singh Mansingh building as per the N.O.C. proposals submitted by the Petitioner. 2 On the last date it was assured by the learned counsel appearing for the Respondent Board that necessary orders would be issued in the matter for examining the proposal today. A copy of order dated 15th March, 2008 has been placed before us. The learned counsel for the Petitioner points out that in so far as the repair work is concerned, the condition imposed by the Respondent Board that they should carry out the structural repairs through the approved Structural Engineer of the Board is not consistent with the earlier decision of this Court. In our view, even otherwise it would not be proper on the part of the Board to impose conditions unless the Board itself has taken over the repair work. We therefore dispose of this Petition and in the aforestated circumstances, we find that condition No. 3 in the letter dated 15th March, 2008 is unwarranted and stand deleted. This is without prejudice to the rights of 3 the parties in respect of carrying out the structural repairs to the subject building. Copy of the communication dated 15th March, 2008 is taken on record and marked "X" collectively for identification. The Petition stands disposed of accordingly. (J.N.PATEL,J.) (J.N.PATEL,J.) (J.N.PATEL,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)