1 66 fa.1690.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 1690 OF 2011 Hotel Heritage Limited. ... Appellant Versus The Municipal Corporation of Greater Mumbai. ... Respondent ----- Mr. R.S.Apte, Senior Counsel, i/b M/s. Thakore Jariwala and Associates for the Appellant. Mr. Vinod Mahadik for the Respondent / BMC. ----- CORAM : A.S.OKA, J. DATE : 03 rd October, 2011. P.C. 1 The learned senior counsel appearing for the Appellant seeks permission to withdraw the appeal. He states that the Appellant desires to apply for regularization of the offending wall, which is the subject matter of notice under Section 53 (1) of the Maharashtra Regional and Town Planning Act, 1966. 2 Hence, I pass the following order: i. The appeal is dismissed as withdrawn ; 2 66 fa.1690.11 ii. It will be open for the Appellant to make an application for regularization of the offending construction of the compound wall by making an application to the appropriate Executive Engineer (Building Proposals) of the Respondent – Corporation within a period of eight weeks from today ; iii. The application shall be made through a licensed Architect. Such application shall be decided by the Municipal Corporation within a period of three months from the date of filing of the application for regularization ; iv. The order passed on the application for regularization shall be communicated to the Appellant or to the Architect appointed by the Appellant ; v. Ad-interim relief granted on 1 st August, 2011 shall continue to operate till the date of the decision on the application for regularization ; vi If the order passed on the application for 3 66 fa.1690.11 regularization is adverse to the Appellant, the ad-interim relief granted earlier shall continue to operate for a period of four weeks from the date on which the order is communicated to the Appellant or to his Architect, whichever is earlier ; vii. If the Appellant fails to apply for regularization within a period of eight weeks from today, it will be open for the Respondent – Corporation to proceed with the action of demolition on expiry of a period of eight weeks from today ; viii. All contentions of the parties on merits of the application for regularization are kept open ; and ix. Civil Application No.3277 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]