VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1369 OF 2007 IN APPEAL FROM ORDER No. 266 OF 2007 Laxmikant V. Kopkar Applicant Vs. Municipal Corpn. of Gr. Bombay Respondent Mr. Dinesh C. Shah, for the Applicant. Mrs. Geel Mr. J. J. Xavier, for the Respondent. CORAM : A. A. KUMBHAKONI, J. DATE : SEPTEMBER 5, 2008. PC :- 1. This Civil Application is seeking extension of time for submitting proposal/application for regularization of the suit structure to the respondent Corporation, in pursuance of order of this Court dated 10th April, 2007, passed in Appeal From Order No. 266 of 2007. By that order time of six weeks was granted for submitting such a proposal. Thereafter by an order of 27th August, 2007 a further time of two weeks to make such a proposal was given. Thus, finally the proposal was required to be made within two weeks from 27th August, 2007. - 2 - 2. It is the contention of the learned counsel of the applicant that because copy of the order of this Court dated 27th August, 2007 was not available within the aforesaid period of two weeks, though the applicant made an attempt to submit the proposal within two weeks, the same was not even accepted by the officers of the respondent Corporation, on the special ground of non availability of the order of this Court. He further submitted that certified copy of the order was finally made available to the applicant on 28th November, 2007. In these premises, the present application is preferred for extension of time to make the appropriate proposal. 3. The learned counsel appearing on behalf of the respondent points out to this Court that for making a proposal for regularization, order of the Court is not required. The order of the Court is required for protection of the structure in the meanwhile but not for simplicitor making a proposal for regularization. He submits that the aforesaid excuse of non availability of the certified copy of the order dated 27th August, 2007 may not be accepted. - 3 - 4. I find substance in the submission of the respondent that for making a proposal for regularization, no Court order is required. It is always open for anybody to make a proposal for regularization of a structure, to the respondent Corporation office. Therefore, I do not find any force in the submission of the applicant that due to non availability of the Court order dated 27th August, 2007, he could not make the proposal. Upon specific query made to the learned counsel for the applicant as to what steps the applicant has taken after obtaining the certified copy of the aforesaid order on 28th November 2007, this Court has been informed that even thereafter the applicant had not submitted such a proposal. 5. In view of these facts and circumstances of the case, I do not find any substance in this Civil Application, which is accordingly rejected. 6. However, as set out hereinabove, it is always open for the applicant to make a proposal for regularization of the structure in dispute, and it is obligatory on the part of the respondent to accept - 4 - such proposal and deal with the same in accordance with law. The applicant is at liberty to make such a proposal at any time, he wants. However, it is made clear that the interim protection given by this Court by the order dated 27th August, 2007 is not extended by this order. 7. Civil Application is accordingly disposed of. Sd/- [ A. A. KUMBHAKONI, J.]