: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.489 OF 2010 a/w CIVIL APPLICATION NO.846 OF 2010 IN FIRST APPEAL NO.489 OF 2010 Markandey Rammurti Pandey ... Appellant V/s. The Municipal Corporation of Greater Mumbai ... Respondent Mr.C.G. Gavnekar for Appellant Mr.Vinod Mahadik for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 23, 2010 P.C.: 1. The suit was filed by the appellant contending that the notice issued to him u/s 351 of the Mumbai Municipal Corporation Act was illegal. The notice mentioned that the appellant had unauthorisedly constructed the first floor with brick masonry walls and AC sheet roof. The appellant replied to the notice and an order was passed by the Corporation directing the appellant to remove the structure. This led to the appellant filing the present suit for protection of the structure on the first floor. 2. In my view, there is no error committed by the Court while dismissing the suit. The trial Court has considered the fact that there was no permission at all for the : 2 : appellant to raise the first floor and therefore the notice had been validly issued to the appellant. 3. Apart from this, the trial Court has also observed that this is not a censused structure. 4. In my opinion, therefore, there is no need to entertain the appeal. The appeal is therefore dismissed. 5. Mr.Gavnekar, appearing for the appellant, submits that the appellant be permitted to move the Corporation for regularising the first floor structure and till then, the structure should not be demolished. In case, the appellant files such an application for regularisation within two weeks from today, the Corporation will consider the same in accordance with law within four weeks from the receipt of the application. Till then, the structure will not be demolished. However, it is made clear that if no application is received within two weeks from today, the Corporation may execute the decree. 6. In view of the above, Civil application also stands dismissed.