1 fa1030,31,33,34 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1030 OF 2011 Smt.Bimla K. Mukhia ...Appellant vs. Municipal Corporation of Greater Bombay & Ors. ...Respondents AND FIRST APPEAL NO.1031 OF 2011 Motiram Ramchandani ...Appellant vs. Municipal Corporation of Greater Bombay ...Respondent AND FIRST APPEAL NO.1033 OF 2011 Smt.Bimla K. Mukhia ...Appellant vs. Municipal Corporation of Greater Bombay. ...Respondent AND FIRST APPEAL NO.1034 OF 2011 Shri Asif R. Khan ...Appellant vs. Municipal Corporation of Greater Bombay. ...Respondent Mr.R.A.Thorat a/w Mr.P.J.Thorat for the appellant Mr.Vinod Mahadik for the respondent CORAM : A.S.OKA,J. DATE : JULY 19, 2011 P.C.: 1 The learned counsel for the appellant on instructions seeks permission to withdraw the appeal. He prays that the appellant may be permitted 2 fa1030,31,33,34 to apply for regularization of the alleged offending structure. He seeks continuation of ad-interim relief to enable the appellant to take appropriate steps. 2 Hence, I pass the following order : i) Appeals are dismissed as withdrawn with no order as to costs. ii)It will be open for the appellant to make an application for regularization of the suit structure to the concerned Executive Engineer (Building Proposal) of the first respondent corporation within a period of three months from today. The application shall be made through a licensed Architect. iii)The application shall be decided by the first respondent-Corporation within a period of three months from the date of filing the application. iv)The order passed on the said application shall be communicated either to the appellant or to his Architect within a period of one week from the date of passing the order. v) If application for regularization is made within a period of three months from today, ad-interim relief granted by this Court will continue to operate till the disposal of the said application. vi)If the order passed on the application be adverse to the appellant, ad-interim relief will continue to operate for a period of six weeks from the date on which the order is communicated to the appellant. 3 fa1030,31,33,34 vii)If application for regularization is not made within a period of three months from today, protection granted to the appellant will come to an end and it will be open for the respondent to proceed with the action of demolition. viii)The application for regularization shall be decided on its own merits. ix)Parties to act upon an authenticated copy of this order. JUDGE