1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.985 OF 2010 WITH CIVIL APPLICATION NO.2746 OF 2010 Beladevi R.Gupta & Anr. .. Appellants. Vs. The Municipal Corporation of Greater Bombay .. Respondents. Mr.R.A.Thorat i/b B.P.Shukla for the appellants. Mr.J.J.Xavier with Vinod Mahadik for the respondent. CORAM : D.B.BHOSALE, J. DATED : 20/10/2010. PC: 1. Heard learned counsel for the parties. 2. Admit. 3. By consent of the parties this appeal is taken up for final hearing forthwith. Mr.Xavier, learned counsel waives service on behalf of the corporation. 4. This appeal is directed against the judgment and order dated 16.7.2010 passed by the City Civil Court in L.C. Suit No.795 of 2006 whereby the suit instituted by the appellants has been dismissed. In the suit, the appellants sought declaration that the notice under section 314 of the M.M.C. Act S 2 dated 14.4.2009 is illegal, bad in law and neither enforceable nor executable and binding on the plaintiffs. The appellants also prayed for injuction. 5. I have heard learned counsel for the parties for sometime. They have fairly stated that I need not record reasons for setting aside the impugned judgment and agreed for the order that I propose to pass. There is no dispute that the appellants had replied the impugned notice under section 314 of the M.M.C. Act. The reply was, however, not considered and no order was passed by the concerned authority. In view thereof Mr.Thorat, learned counsel for the appellants placed heavy reliance upon the judgment of this court dated 12th October, 2010 rendered in Appeal From Order no.679 of 2001 to contend that the concerned authority ought to have considered the reply filed by the appellants to the notice under section 314 and since no order has been passed after considering the reply by the concerned authority, the action taken in pursuance thereof was wrong and illegal. I am not examining and/or expressing any opinion as to whether the suit structure was unauthorised and deserves demolition, keeping in view the submission of learned counsel for the respondent-corporation that in the light of the judgment of this court dated 12.10.2010 in A.O. No.679 of 2001, the corporation i.e. concerned authority will consider the reply 3 filed by the appellants and pass appropriate order within timeframe. He further submitted, that he has no objection for setting aside the impugned judgment and order dated 16.7.2010. In view of the submissions of learned counsel for the parties I am satisfied that the following order shall meet the ends of justice: (a) The judgment and order dated 16.7.2010 rendered by the City Civil Court in L.C.Suit No.795 of 2009 is set aside. (b) The concerned authority (Asst. Commissioner, H/West Ward) shall consider the reply dated 17.4.2009 as early as possible and preferably within a period of 12 weeks from today. Learned counsel for the corporation to communicate this order to the concerned authority within a period of two weeks from today. It is open to the appellants to place on record the documents/additional documents in support of their reply that was filed on 17.4.2009 within a period of two weeks from today. (c) The concerned authority (Asst.Commissioner, H/West Ward) shall decide the notice after considering the reply affidavit and the documents filed by the appellants in support thereof after giving an opportunity of being heard to the appellants within the stipulated time. (d) It is needless to mention that the concerned authority shall issue notice of hearing to the appellants and/or his advocate, 4 who has submitted the reply, 48 hours in advance. (e) The corporation shall not execute the notice under section 314 of M.M.C. Act for a period of 12 weeks and for a further period of 15 days, if the order is adverse to the appellants, from the date of its communication. 6. With these observations the appeal is disposed of. No costs. Consequently, civil application is also disposed of. 7. The parties to act on a copy of this order duly authenticated by the Registry of this court. (D.B.Bhosale, J.)