1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2124 OF 2008 WITH CIVIL APPLICATION NO. 2041 OF 2008 Masood B. Choudhary ........Appellant versus B. M. C. & ors........ Respondents. Mr. K.K. Pandey adv. for the Appellant Mr. Mahadik adv. for the respondent no.1. Mrs. S.V. Gajare AGP for respondent no.2. CORAM: A. P. DESHPANDE, J. DATED : 27th FEBRUARY, 2009. P.C.: 1. The present appellant is the original plaintiff who instituted a suit for declaration that the plaintiff and his tenants are entitled to reconstruct the structures/sheds/premises, which were destroyed and/or damaged during the communal riots that had taken place between December 1992 and January 1993. To justify the reconstruction, reliance is placed on the Government Resolution dated 16-12-1992. Perused the Government Resolution. The learned counsel appearing for the appellant is unable to point out as to which part of the Government Resolution permits reconstruction of the allegedly damaged structures in the riot without prior sanction from the Corporation. It is but obvious that no Government Resolution or circular can over-ride a statutary provision, and the requirement of prior 2 sanction to reconstruct is a mandate of the Corporation Act. The same cannot be diluted and/or done away with by the Government Resolution assuming that it so provides. The court below has dismissed the suit, hence the present appeal has been filed. 2. It is the case of the appellant that there were 84 structures in existence constructed by the appellant which were let out to the tenants. The said structures are stated to have been burnt during the communal rights and thus new structures are erected. It is undisputed that the said reconstruction is without prior permission of the Corporation. It is contended that though an application for obtaining pemission was filed, no decision theroen has been rendered by the Corporation. That does not permit the appellant to reconstruct. No provision about deemed permission has been brought to the notice of the court by the learned counsel for the appellant. Hence no fault can be found with the judgment and decree passed by the trial court. There being no merit in the appeal, the same is dismissed summarily. 3. In view of the dismissal of the appeal, civil application does not survive and the same is also dismissed. (A. P. DESHPANDE, J.)