1 ao351-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa APPEAL FROM ORDER NO.351 OF 2011 ALONGWITH CIVIL APPLICATION NO.492 OF 2011 Dilip Lawaji Thakkar .. Appellant V/s. Mumbai Municipal Corporation for Greater Mumbai. .. Respondent ..... Mr. U. S. Pandey i/b. Mr. S. U. Pandey for the appellant. Mr. Vinod Mahadik for respondent – BMC. ..... CORAM : A. S. OKA, J. DATE : MAY 4, 2011. P.C.:- Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent - BMC. Affidavit-cum- undertaking of the appellant is taken on record and marked “X” for identification. In view of the said affidavit-cum-undertaking, the learned counsel appearing for the appellant seeks permission to withdraw the suit unconditionally. He also seeks permission to withdraw the Appeal. In view of what is stated in the affidavit-cum- undertaking, the following order is passed: 2 ao351-11 :: O R D E R :: i. L.C. Suit No.2025 of 2010 is dismissed as unconditionally withdrawn. This Appeal From Order stands dismissed as withdrawn. ii. It will be open for the appellant to apply to the concerned officer of the respondent Corporation for regularization of the suit structure within a period of eight weeks from today. The application shall be made in a prescribed form through a licenced Architect. iii. If such application for regularization is made within a period of eight weeks from today, the said officer of the respondent Corporation shall decide the same within a period of 12 weeks from the date on which the application for regularization is received. Order passed on the proposal for regularization shall be communicated by the respondent within one week from the date of passing of the order either to the appellant or to his licenced Architect. iv. In the event, a proposal for the regularization of the 3 ao351-11 suit structure is submitted within a period of eight weeks from today, till the date of the communication of the order passed on the said application to the applicant or to his Architect, whichever is earlier, the parties will maintain status-quo as of today in respect of the suit structure. In the event, the order passed by the respondent is adverse to the appellant, the order of status-quo will continue for a period of six weeks from the date on which the decision is communicated to the appellant or to his licenced Architect, whichever is earlier. v. In the event, the appellant fails to file the said application within a period of eight weeks from today, the respondent corporation shall proceed with the demolition. vi. Parties to act upon an authenticated copy of this order. v. Civil Application No. 492 of 2011 does not survive and the same is disposed of. JUDGE